Website User Conduct & Restrictions:

ALL ASPECTS OF OUR WEBSITE ARE PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER INTELLECTUAL PROPERTY LAWS, INCLUDING ALL DESIGN ELEMENTS, TEXT MATERIAL, LOGOS, TAGLINES, METATAGS, HASHTAGS, PHOTOGRAPHIC IMAGES, PERSONAL STORIES, ICONS, VIDEO AND AUDIO CLIPS, PERSONAL TRAINING SESSIONS, MARKETING TIPS AND STRATEGIES, AND DOWNLOADS. NO MATERIAL ON OR PROVIDED THROUGH THE WEBSITE MAY BE COPIED, REPRODUCED, DISTRIBUTED, REPUBLISHED, UPLOADED, DISPLAYED, POSTED, OR TRANSMITTED IN ANY WAY WHATSOEVER. ALL EMILY FLOOD OWNED LOGOS ARE PROPRIETARY MARKS OF EMILY FLOOD LLC, AND THE USE OF THOSE MARKS IS STRICTLY PROHIBITED UNLESS OTHERWISE PROVIDED FOR BY THESE TERMS. NOTHING HEREIN GIVES YOU THE RIGHT TO USE, COPY, REGISTER AS A DOMAIN NAME, REPRODUCE, OR OTHERWISE DISPLAY ANY LOGO, TAGLINE, TRADEMARK, TRADE NAME, COPYRIGHTED MATERIAL, PATENT, TRADE DRESS, TRADE SECRET, OR CONFIDENTIAL INFORMATION OWNED BY BRAINSTORM SOLUTIONS.
 
SUBJECT TO YOUR CONTINUED STRICT COMPLIANCE WITH ALL TERMS, EMILY FLOOD LLC PROVIDES TO YOU A REVOCABLE, LIMITED, NON-EXCLUSIVE, ROYALTY-FREE, NON-SUBLICENSABLE, NON-TRANSFERABLE LICENSE TO USE THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT YOU DO NOT ACQUIRE ANY OWNERSHIP RIGHTS IN ANY MATERIAL PROTECTED BY INTELLECTUAL PROPERTY LAWS. YOU AGREE NOT TO USE OR ATTEMPT TO USE THE WEBSITE IN ANY UNLAWFUL MANNER. YOU FURTHER AGREE NOT TO COMMIT ANY UNLAWFUL ACT OR ATTEMPT TO COMMIT ANY UNLAWFUL ACT ON OR THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO: (1) HACKING AND OTHER DIGITAL OR PHYSICAL ATTACKS ON THE WEBSITE; (2) PUBLISHING VULGAR, OBSCENE, OR DEFAMATORY MATERIAL; OR (3) ANY OTHER UNLAWFUL ACT.

Prohibited Use of Site:

YOU AGREE NOT TO USE OR ATTEMPT TO USE THE WEBSITE AND/OR FUNNELS IN ANY UNLAWFUL MANNER OR A MANNER HARMFUL TO EMILY FLOOD LLC. YOU FURTHER AGREE NOT TO COMMIT ANY HARMFUL OR UNLAWFUL ACT OR ATTEMPT TO COMMIT ANY HARMFUL OR UNLAWFUL ACT ON OR THROUGH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, REFRAINING FROM:

A. HARMFUL ACTS.

ANY DISHONEST OR UNETHICAL BUSINESS PRACTICE; ANY VIOLATION OF THE LAW; INFLICTION OF HARM TO BRAINSTORM SOLUTIONS LLC'S REPUTATION; HACKING AND OTHER DIGITAL OR PHYSICAL ATTACKS ON THE WEBSITE; USE ANY DEVICE, SOFTWARE OR ROUTINE THAT INTERFERES WITH THE PROPER FUNCTIONING OF THE WEBSITE OR SERVERS OR NETWORKS CONNECTED TO THE WEBSITE, OR TAKE ANY OTHER ACTION THAT INTERFERES WITH ANOTHER’S USE OF THE WEBSITE; USE ANY “ROBOT,” “SPIDER” OR OTHER AUTOMATIC OR MANUAL DEVICE OR PROCESS FOR THE PURPOSE OF COMPILING INFORMATION ON THE WEBSITE FOR PURPOSES OTHER THAN FOR A GENERALLY AVAILABLE SEARCH ENGINE, INCLUDING BUT NOT LIMITED TO ANY ACTIONS WHICH SPAM, PHISH, PRETEXT, SPIDER, OR SCRAPE THE WEBSITE; OTHERWISE COLLECT OR TRACK THE PERSONAL INFORMATION OF OTHERS; ANY VIOLATION OF THE RIGHTS OF BRAINSTORM SOLUTIONS LLC OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO USE OF ANY COMPANY NAME, SERVICE MARKS, OR TRADEMARKS WITHOUT PRIOR WRITTEN CONSENT, INCLUDING AS METATAGS OR HIDDEN TEXT.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS.
WE HAVE ZERO TOLERANCE FOR SPAM AND UNSOLICITED COMMUNICATIONS. ANY COMMUNICATIONS SENT OR AUTHORIZED BY YOU REASONABLY DEEMED “SPAMMING,” OR ANY OTHER UNSOLICITED SOLICITATIONS (INCLUDING WITHOUT LIMITATION POSTINGS ON SOCIAL MEDIA OR THIRD-PARTY BLOGS) WILL BE DEEMED A MATERIAL THREAT TO EMILY FLOOD LLC’S REPUTATION AND TO THE RIGHTS OF THIRD PARTIES. 

C. OFFENSIVE COMMUNICATIONS.
ANY COMMUNICATION SENT, POSTED, OR AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION POSTINGS ON ANY WEBSITE OPERATED BY YOU, OR SOCIAL MEDIA OR BLOG, WHICH ARE: SEXUALLY EXPLICIT, OBSCENE, VULGAR, OR PORNOGRAPHIC; OFFENSIVE, PROFANE, HATEFUL, THREATENING, HARMFUL, DEFAMATORY, LIBELOUS, HARASSING, OR DISCRIMINATORY; GRAPHICALLY VIOLENT; SOLICITOUS OF UNLAWFUL BEHAVIOR; OR THAT VIOLATES THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.

Log Data:

Video Recordings:

ALL CALLS WILL BE RECORDED FOR TRAINING AND QUALITY ASSURANCE  PURPOSES. 

Testimonials, Reviews, and Pictures/Videos:

EMILY FLOOD LLC LLC IS PLEASED TO HEAR FROM USERS AND CLIENTS AND WELCOMES YOUR COMMENTS REGARDING OUR SERVICES AND PRODUCTS. EMILY FLOOD LLC MAY USE TESTIMONIALS AND/OR PRODUCT REVIEWS IN WHOLE OR IN PART TOGETHER WITH THE NAME, CITY, AND STATE OF THE PERSON SUBMITTING IT. TESTIMONIALS MAY BE USED FOR ANY FORM OF ACTIVITY RELATING TO EMILY FLOOD LLC’S SERVICES OR PRODUCTS, IN PRINTED AND ONLINE MEDIA, AS EMILY FLOOD LLC DETERMINES IN ITS SOLE AND EXCLUSIVE DISCRETION. TESTIMONIALS REPRESENT THE UNIQUE EXPERIENCE OF THE PARTICIPANTS AND BUSINESSES SUBMITTING THE TESTIMONIAL, AND DO NOT NECESSARILY REFLECT THE EXPERIENCE THAT YOU AND YOUR BUSINESS MAY HAVE USING OUR SERVICES OR PRODUCTS. ANYTHING THAT YOU OR YOUR BUSINESS SUBMIT OR POST TO THE WEBSITE AND/OR PROVIDE US, OR POST ON ANY SOCIAL MEDIA OR OTHER SITES ABOUT US, INCLUDING WITHOUT LIMITATION, PHOTOGRAPHS, TESTIMONIALS, IDEAS, KNOW-HOW, TECHNIQUES, QUESTIONS, REVIEWS, BIOGRAPHIES, YOUR BUSINESS’S NAME, COMMENTS, AND SUGGESTIONS IS AND WILL BE TREATED AS NON-CONFIDENTIAL AND NON-PROPRIETARY, AND WE SHALL HAVE THE ROYALTY-FREE, WORLDWIDE, PERPETUAL, IRREVOCABLE, AND TRANSFERABLE RIGHT TO USE, COPY, DISTRIBUTE, DISPLAY, PUBLISH, PERFORM, SELL, LEASE, TRANSMIT, ADAPT, AND CREATE DERIVATIVE WORKS FROM SUCH SUBMISSIONS BY ANY MEANS AND IN ANY FORM, AND TO TRANSLATE, MODIFY, REVERSE-ENGINEER, DISASSEMBLE, OR DECOMPILE SUCH SUBMISSIONS. YOU AND YOUR BUSINESS AGREE THAT THIS AUTHORIZATION AND LICENSE MAY BE ASSIGNED BY EMILY FLOOD LLC TO ANY OTHER PARTY. ADDITIONALLY, EMILY FLOOD LLC RESERVES THE RIGHT TO CORRECT GRAMMATICAL AND TYPING ERRORS, TO SHORTEN SUBMISSIONS PRIOR TO PUBLICATION OR USE, AND TO REVIEW ALL SUBMISSIONS PRIOR TO PUBLICATION OR USE. EMILY FLOOD SHALL BE UNDER NO OBLIGATION TO USE ANY, OR ANY PART OF, ANY SUBMISSION.

Limitations of Liabilities:

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NOCASE SHALL EMILY FLOOD LLC, OUR DIRECTORS, OFFICERS, EMPLOYEES,AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT,INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR OR YOUR BUSINESS’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR SERVICE POSTED,TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY.

IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, EMILY FLOOD LLC IS FOUND LIABLE UNDER ANY THEORY, EMILY FLOOD LLC’S LIABILITY AND YOUR AND YOUR BUSINESS’S EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU OR YOUR BUSINESS PAID TO EMILY FLOOD LLC IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR OR YOUR BUSINESS’S ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER EMILY FLOOD LLC WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU OR YOUR BUSINESS.

Termination:

THIS AGREEMENT WILL TAKE EFFECT (OR SHALL RE-TAKE EFFECT) AT THE TIME YOU CLICK “SUBMIT,” “I ACCEPT,” “I AGREE,” OR SIMILAR LINKS OR BUTTONS, OTHERWISE SUBMIT INFORMATION THROUGH THE WEBSITE, RESPOND TO A REQUEST FOR INFORMATION, OR BEGIN INSTALLING, ACCESSING, OR USING THE WEBSITE, WHICHEVER IS EARLIEST. IF, IN OUR SOLE DISCRETION, YOU OR YOUR BUSINESS FAIL, OR WE SUSPECT THAT YOU OR YOUR BUSINESS HAVE FAILED, TO COMPLY WITH ANY TERM OR PROVISION OF THE AGREEMENT, WE MAY TERMINATE THE AGREEMENT OR SUSPEND YOUR AND YOUR BUSINESS’S ACCESS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
ALL SECTIONS OF THIS AGREEMENT, AS WELL AS ANY REPRESENTATIONS, WARRANTIES, AND OTHER OBLIGATIONS MADE OR UNDERTAKEN BY YOU, SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND/OR YOUR ACCOUNT OR RELATIONSHIP WITH EMILY FLOOD LLC.
UPON TERMINATION, YOU AND YOUR BUSINESS REMAIN RESPONSIBLE FOR ANY OUTSTANDING PAYMENTS TO EMILY FLOOD LLC ON A NON-PRORATED BASIS. ALL AGREEMENTS ARE NON-TRANSFERRABLE. YOU MAY NOT SELL, ASSIGN, PLEDGE, ENCUMBER OR OTHERWISE TRANSFER ANY ASPECT OF THE PROGRAM, SERVICE, OR AGREEMENT.

No Waiver:

NO FAILURE OR DELAY ON THE PART OF EMILY FLOOD LLC IN EXERCISING ANY RIGHT, POWER OR REMEDY UNDER THIS AGREEMENT MAY OPERATE AS A WAIVER, NOR MAY ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT, POWER, OR REMEDY PRECLUDE ANY OTHER OR FURTHER EXERCISE OF SUCH RIGHT, POWER, OR REMEDY, OR THE EXERCISE OF ANY OTHER RIGHTS, POWER, OR REMEDY UNDER THIS AGREEMENT. A WAIVER OF ANY RIGHT OR OBLIGATION UNDER THIS AGREEMENT SHALL ONLY BE EFFECTIVE IF IN WRITING AND SIGNED BY EMILY FLOOD LLC.

Electronic Signature:

ALL INFORMATION COMMUNICATED ON THE WEBSITE IS CONSIDERED AN ELECTRONIC COMMUNICATION. YOU AND YOUR BUSINESS AGREE THAT WE MAY COMMUNICATE ELECTRONICALLY WITH YOU AND THAT SUCH COMMUNICATIONS, AS WELL AS NOTICES, DISCLOSURES, AGREEMENTS, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY, ARE EQUIVALENT TO COMMUNICATIONS IN WRITING AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF THEY WERE IN WRITING AND SIGNED BY THE PARTY SENDING THE COMMUNICATION.

Severability:

IF ANY PROVISION OF THIS AGREEMENT IS FOUND BY THE ARBITRATOR OR (IF PROPER) A COURT OF COMPETENT JURISDICTION TO BE INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED THEREBY AND SHALL CONTINUE IN FULL FORCE AND EFFECT AND SUCH PROVISION MAY BE MODIFIED OR SEVERED FROM THIS AGREEMENT TO THE EXTENT NECESSARY TO MAKE SUCH PROVISION ENFORCEABLE AND CONSISTENT WITH THE REMAINDER OF THE AGREEMENT.

Entire Agreement:

THESE TERMS, THE AGREEMENT, AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THE WEBSITE OR IN RESPECT TO THE WEBSITE CONSTITUTE THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND YOUR BUSINESS AND EMILY FLOOD LLC, AND SUPERSEDES AND REPLACES ANY PRIOR OR CONTEMPORANEOUS AGREEMENTS, REPRESENTATIONS, COMMUNICATIONS, AND PROPOSALS, WHETHER ORAL OR WRITTEN. WE MAY ALSO, IN THE FUTURE, OFFER NEW SERVICES AND/OR FEATURES THROUGH THE WEBSITE. SUCH NEW FEATURES AND/OR SERVICES SHALL ALSO BE SUBJECT TO THESE TERMS, THE AGREEMENT, AND ANY POLICIES OR OPERATING RULES POSTED BY US ON THE WEBSITE. ANY AMBIGUITIES IN THE INTERPRETATION OF THESE TERMS OR THE AGREEMENT SHALL NOT BE CONSTRUED AGAINST THE DRAFTING PARTY.