Terms of Use

Welcome to www.BlueOceanBrain.com. The Rowing Team, LLC, a Virginia limited liability company, owner and operator of this website (“We,” “Us” or “TRT”) grants you access to this website (the “Website”), subject to these terms and conditions of use (these “Terms of Use”). This is a legally binding document. Please read it carefully.

  1. Access of the Website. Your access of the Website constitutes your agreement to be bound by these Terms of Use. If you are unable or unwilling to abide by these Terms of Use, please immediately discontinue access of the Website. As a condition of your access of the Website, you warrant that you will not access the Website for any purpose that is unlawful or prohibited herein.
  2. We require registration to access certain proprietary Content available to Registered Users of Blue Ocean Brian’s Subscription Services, known as the Blue Ocean Brain web-based micro learning training application (the “Subscription Services”). Where applicable, you or your employer may elect to register and create a personal account (each a “Registered User,” collectively, “Registered Users”) and user ID (“User ID”) to access the Subscription Services. Unless you become a Registered User, you have no rights to the Content provided through the Subscription Services.
  3. Intellectual Property.  General, Copyright, Trademark and other proprietary rights and laws protect the Website and its intellectual property. No part of our materials on the Website (the “Content”), including, but not limited to, graphics, photographs, logos, games, logic puzzles, creativity assignments, sketch tools, articles or text, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission, except you may print portions of the Website if you include the world wide web address and retain all proprietary rights notices appearing on such materials, and your use is restricted to your or your employer’s own internal use. Except as expressly provided, nothing contained in these Terms of Use shall be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark or other intellectual property rights.
  1. We may change, suspend or discontinue the Website at any time, including the availability of any feature, database or content.
  2. Third Party Content. We are not responsible for and assume no liability for any statements, representations or any other form of information contained in third party content appearing on or made available through the Website. Inclusion of a third party or its, his, her content on the Website is not an endorsement thereof. We will not be liable, under any circumstances, for the illegality, inaccuracy or error in any and all third party content. This Website contains links to other websites. We do not endorse these websites, are not responsible for them, and do not control the availability, accuracy, reliability, content, associated links, privacy and security practices, resources, or services associated with a third party site. We are not liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only and should you choose to access such other sites you acknowledge that you do so voluntarily and assume all risk.
  3. Prohibited Uses. You are solely responsible for all of your activity in connection with the Website. Any fraudulent, abusive, illegal or otherwise inappropriate activities are grounds for termination of your access the Website. Without limitation to other prohibited uses specified herein, you are prohibited from using the Website for the following purposes:
    1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or to breach security or authentication measures without proper authorization;
    3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
    4. using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting;
    6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Us in providing the Website. Any violation of system or network security may subject you to significant civil and/or criminal liability;
    7. scraping, crawling or using any other automated device or manual process to harvest data from the Website;
    8. using the Website to transmit any false, misleading, fraudulent or illegal communications;
    9. using information obtained from the Website to solicit other Website users;
    10. posting or transmitting, or causing to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user; and
  4. Use of the Website is subject to our Privacy Policy.
  5. Linking to the Website. You may link to the homepage of the Website granted (i) you send an email to info@BlueOceanBrain.comnotifying Us of such, (ii) you immediately deactivate and discontinue linking to the Website if We, in our sole discretion, so demand and (iii) you do not remove or obscure any portion of the homepage. You may not link directly to sections contained within the Website.
  6. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTAILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIAL AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
  7. Limitation of Liability. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CONTENT CONTAINED ON THE WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE, ADVICE, TREATMENT OR DIAGNOSIS. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROFESSIONAL BEFORE RELYING ON WEBSITE CONTENT. NEVER AVOID SEEKING MEDICAL ADVICE OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ ON THE WEBSITE. USE OF WEBSITE INFORMATION IS SOLEY AT YOUR OWN RISK.
  8. Remedies for Violations. We reserve the right to seek all remedies available at law and in equity for violation of these Terms of Use, including, without limitation, the right to block access from a particular Internet address to the Website.
  9. Modification of Terms of Use. We may modify, delete or otherwise alter these Terms of Use in our sole discretion at any time. Such modifications shall be effective immediately upon being posted to the Website. You are responsible for regularly reviewing these Terms of Use. Continued access of the Website thereafter shall constitute your consent to any modifications hereto.
  10. These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States, without giving effect to any principles of conflicts of law. You consent to the sole and exclusive jurisdiction and venue of the United States district courts sitting in the Commonwealth of Virginia and any courts of the Commonwealth of Virginia in which any suit, action or proceeding is brought arising under these Terms of Use or based on your access to the Website. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by Us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. You acknowledge and agree that you have fully read and understand these Terms of Use and have had the opportunity to seek legal counsel of your choice. These Terms of Use contain the entire agreement between the parties regarding the subject matter hereof. These Terms of Use supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by Us. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. You may not transfer or assign these Terms of Use.