Terms of Use
Terms of Use
ATTENTION: These terms of use set forth the basis on which you are permitted to access and use brahmarsk.com and its related websites (the "Sites"). Please read the terms of use carefully before using the Sites. By accessing and using the Sites in any way, including, without limitation, browsing the Sites, you agree to and are bound by the terms of use described herein. If you do not agree to all of the terms and conditions contained herein, do not use the Sites in any manner.
Ownership
All copyrights and other intellectual property rights in the Sites, including without limitation all software and written and graphical content included in the Sites, are owned by Brahmarsk Corporation d/b/a Brahmarsk and/or its subsidiaries ("Brahmarsk") and are hereby reserved.
Use of Website and Documents
Brahmarsk hereby authorizes you to make a single copy of the content displayed on the Sites for your use in learning about, evaluating or acquiring Brahmarsk services or products, provided (i) you mark such copy "© 2024 Brahmarsk Corporation. All rights reserved."; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, perform, display in public, alter, or modify the content contained on the Sites. Accredited educational institutions, such as K-12, universities and colleges, may download and reproduce the content displayed on the Sites for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Sites may contain email services, bulletin board services, forums, communities, and/or other message or communication facilities designed to enable you to communicate with others (collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper. By way of example, and not as a limitation, you agree that when using the Communication Services or the Sites, you will not (i) use them in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages; (ii) defame, abuse, harass, threaten or otherwise violate the legal rights of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, racist, lewd, lascivious, excessively violent, harassing, unlawful, or otherwise objectionable topic, name, material or information; (iv) upload, or otherwise make available, files that contain material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consent to do the same; (v) advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; (vi) restrict or inhibit any other user from using and enjoying the Communication Services or the Sites; (vii) harvest or otherwise collect information about others, including email addresses; or (viii) violate any applicable laws or regulations. Brahmarsk has no obligation to monitor the Sites or Communication Services. However, Brahmarsk reserves the right to review materials posted to the Sites and the Communication Services and to remove and/or edit any materials in its sole discretion. Brahmarsk reserves the right to terminate your access to the Sites and the Communication Services at any time, without notice, for any reason whatsoever. Brahmarsk reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Brahmarsk's sole discretion.
Trademarks/Copyrights
All copyrights and other intellectual property rights in the Sites, including without limitation all software and written and graphical content included in the Sites, are owned by Brahmarsk and are hereby reserved. Brahmarsk and any other trademarks or service marks used on the Sites are trademarks or registered trademarks of Brahmarsk or their respective owners and may not be used without prior written consent. Any use of Brahmarsk’s marks, or any others displayed on the Sites, will inure solely to the benefit of their respective owners.
Copyright Notice. Copyright © 2014-2024 Brahmarsk Corporation. All rights reserved.
Unsolicited Submission Policy
Brahmarsk does not accept or consider unsolicited ideas, suggestions, materials or other information (all of the foregoing being "Submissions"). The purpose for this policy is to avoid misunderstandings or disputes with respect to the origin of ideas, products, services and strategies of Brahmarsk. Please do not send your unsolicited Submissions to Brahmarsk or anyone at Brahmarsk. In the event that you disregard this policy and post, upload, input, provide, submit or otherwise make a Submission to Brahmarsk, (i) you will be granting Brahmarsk and its affiliates permission to use your Submission in connection with the operation of its businesses (the "License"), including, without limitation, the right to copy, distribute, display, edit, reproduce, translate and reformat your Submission for both commercial and non-commercial purposes, (ii) you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, the rights necessary to grant the License and (iii) any such Submissions will be considered non confidential and non proprietary communications. No compensation will be paid with respect to your Submission. Brahmarsk will not be subject to any obligation of confidence with respect to your Submission.
No unlawful or prohibited use
You may not use the Sites for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Sites in any manner that could damage, disable, overburden or otherwise impair any Brahmarsk server or the network(s) connected to any Brahmarsk server, or interfere with any other person's use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites or the computer systems or networks connected to any Brahmarsk server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Sites.
Links
Any links to third party websites are provided for your convenience only, and Brahmarsk makes no recommendation or endorsement as to such websites or the products or services offered thereon.
You may not frame the Sites in a manner that may cause confusion to Brahmarsk customers, nor may you interfere or attempt to interfere in any way with the operation of the Sites, including without limitation through data mining, the use of any robot, scraper or other automated device, or circumvention or attempted circumvention of any website security features.
Spam email and postings
You agree that Brahmarsk would be irreparably harmed by the use, by you or others, of the Sites or facilities in connection with the transmission of spam, newsgroup postings or unsolicited email in violation of the terms of use as provided herein, and that Brahmarsk is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Brahmarsk reserves the right to block, filter or delete unsolicited email.
U.S Export Administration Laws and Regulations
You acknowledge and agree that material on the Sites is subject to the U.S. Export Administration Laws and Regulations. Diversion of such material contrary to U.S. law is prohibited. You agree that none of the material on the Sites, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. Government. You certify that you are not on the U.S. Department of Commerce's Denied Persons List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Disclaimer
THE CONTENT CONTAINED IN THE SITES IS PROVIDED BY BRAHMARSK FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE A SPECIFIC RECOMMENDATION OR ADVICE. SUCH CONTENT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND YOU ASSUME ALL LIABILITY IN RELATION TO IT. ANY INFORMATION OR ADVICE PROVIDED THROUGH THE SITES THAT IS RELATED TO SUPPORT OF BRAHMARSK’S SOLUTIONS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN YOU AND BRAHMARSK, AND NOT TO THESE TERMS OF USE. ANY MENTION IN THE WEBSITE OF NON BRAHMARSK SOLUTIONS, PRODUCTS OR SERVICES IS FOR INFORMATION PURPOSES ONLY AND CONSTITUTES NEITHER AN ENDORSEMENT NOR A RECOMMENDATION.
Limitation of Liability
AS CONSIDERATION FOR YOUR USE OF AND ACCESS TO THE SITES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT: (i) IN NO EVENT WILL BRAHMARSK OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES OR ANY SITE LINKED TO THE SITES, BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE SITES; AND (ii) THE AGGREGATE LIABILITY OF BRAHMARSK OR ANY OF ITS DISTRIBUTORS OR DEALERS, ARISING FROM OR RELATING TO THE SITES AND THESE TERMS OF USE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, e.g. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD, AND/OR OTHERWISE) IS LIMITED TO $100; AND (iii) BRAHMARSK SHALL NOT IN ANY CASE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF BRAHMARSK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Entire Agreement
These terms of use are the entire agreement between you and Brahmarsk in relation to your use of the Sites, and all other representations or discussions are hereby excluded from this agreement. If any part of these terms are held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Brahmarsk's failure to insist on or enforce strict performance of these terms shall not constitute a waiver of any breach or any future breaches thereof.
Notices of Copyright Infringement
If you believe that material posted on the Sites infringes your copyright, you should provide notice of such infringement Brahmarsk as follows
Brahmarsk Corporation
77 Sugar Creek Center Blvd
Suite #688-E
Sugar Land, TX 77478
USA
Governing Law and Jurisdiction
The Sites are controlled and operated from within the United States. If you access the Sites from outside the United States, you are responsible for compliance with any applicable local law. Your use of the Sites shall be governed in all respects by the laws of Texas, USA, without regard to choice of law provisions, and not by the United Nations Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any proceeding directly or indirectly arising out of or relating to the Sites shall be in the state or federal courts located in Fort Bend County, Texas.