User Agreement

Welcome to www.BlueOceanBrain.com. Upon your acceptance of this User Agreement, The Rowing Team, LLC, a Virginia limited liability company, (“We,” “Us” or “TRT”) grants you access and use of the Blue Ocean Brain web-based micro learning training application (the “Services”), accessible through this Website to Registered Users.

  1. Access to the Services. Your acceptance of this User Agreement is a prerequisite for your access to and use of the Services. Subject to this User Agreement, We grant you a nonexclusive, nontransferable, limited, revocable license to access and the Services. We may revoke this license at any time for your violation of this User Agreement or your employer’s violation of its Company Sponsor Agreement. As a condition of your access of the Services, you warrant that you will not access the Services or use the Services for any purpose that is unlawful or prohibited herein.
  2. Registration. By registering to access the Services, you or your employer must create a personal account for each user (each a “Registered User,” collectively, “Registered Users”) and a unique user ID (“User ID”) for each user. By registering, you agree to provide accurate, complete and updated registration information. You also agree to promptly notify Us of any changes thereto. Registration is for a single person only. We do not, and you should not, allow any other person or group of people to access the Services using your User ID or otherwise. You must promptly notify Us of any suspected, unauthorized use. Registered Users may not (i) select or use as a User ID a name of another person with the intent to impersonate that person or (ii) use as a User ID a name subject to any rights of a person other than the Registered User without appropriate authorization. We reserve the right to refuse registration of, or cancel, a User ID in our discretion. Also, Registered Users shall be solely responsible for maintaining the confidentiality of passwords to Registered Users’ account(s).You are solely responsible for all activity on your account(s) and for the security of your computer systems. You agree to indemnify and hold Us harmless for any improper or illegal use of your account(s), including, but not limited to, illegal or improper use by someone who has received permission to use your account(s). Your account(s) is /are subject to termination if you or anyone using your account(s) violates this User Agreement.
  3. Intellectual Property
    • -General. Copyright, trademark and other proprietary rights and laws protect the Services and our intellectual property. No part of our materials on the Services (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 the Content 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 this User Agreement 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.
    • -Original Works by Registered User. Certain features of the Services allow Registered Users to create original works of authorship, including, but not limited to, drawings, games and writings (collectively, “TRT Intellectual Property”). Each Registered User represents that any TRT Intellectual Property he or she creates using the Services will not and does not infringe the copyright, trademark or other intellectual property rights of any third party and that Registered User shall defend, indemnify and hold Us harmless from and against any action, claim, judgment, losses, damages, costs, including reasonable attorney’s fees, and other losses which may be imposed by Registered User’s use of the Services or breach of this User Agreement. In consideration for Registered User’s access of the Services and use of the Services and the mutual covenants contained herein; Registered User exclusively assigns all ownership rights in the TRT Intellectual Property, including copyrights, to Us. Registered User may use any TRT Intellectual Property he or she creates on the Services for his or her personal use, but may not reproduce for others, create new works for others derived from the original works, distribute and/or commercially exploit such TRT Intellectual Property.
  4. Consent to receive email. By Registering, you consent to receive periodic newsletters and other types of email communications from Us, including, without limitation, new product offers, customer service issues and other matters. You may choose to opt-out of certain newsletter and announcement email correspondence; however, We reserve the right to email you at any time regarding matters related to your account and your access of the Services.
  5. Subscription Fees and Payment. Access to Services requires payment of fees. Individually registered Subscribers shall pay all applicable fees, as described on the Services in connection with any such Services selected by Registered Subscriber. We reserve the right to change our price list and to institute new charges at any time, upon ten (10) days prior notice to Registered User, which may be sent by email or posted on the Services. Use of Services by Registered User following such notification constitutes Registered User acceptance of any new or increased charges or other changes. We are not obligated to refund any fees that have accrued to your account(s) before the cancellation. Fees may be based on one-time or subscription payments as more fully described on the Services. You may pay the Services fees with a valid credit card that is under your own name or that you are authorized to use for such purpose. Recurring Services fees paid by credit card will automatically renew, unless you affirmatively cancel your Services prior to the beginning of the next applicable period for which the Services correspond. For each applicable subscription time frame that your Services are active, you acknowledge and agree that TRT is authorized to charge the same credit card for the Services fee. You agree to promptly notify TRT of any changes to your credit card while any Services remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Services selected by you or by anyone that has used your account(s), including your family or friends. This section is not applicable for individuals registered under and paid by corporate accounts.
  6. Access to the Services. We may change, suspend or discontinue the Services and/or Services at any time, including the availability of any feature, database or Services. We may also impose limits on certain features and Services or restrict Registered User’s access to parts or all of the Services without notice or liability. You and/or your employer shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the Services or otherwise use the Services and/or Services, including, without limitation, modems, hardware, software, internet service and long distance or local telephone service. Registered User shall be solely responsible for ensuring that such equipment or ancillary services are compatible with the Services.
  7. 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 Services. Inclusion of a third party and/or its, his, her content through the Services 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. The Services may contain 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. You agree that We shall not be 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.
  8. Prohibited Uses. You are solely responsible for all of your activity in connection with the Services. Any fraudulent, abusive, illegal or otherwise inappropriate activities are grounds for termination of your right to Services. Without limitation to other prohibited uses specified herein, you are prohibited from using the Services for the following purposes:
    • -accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    • -attempting to probe, scan, or test the vulnerability of the Services, the Services, or any associated system or network, or to breach security or authentication measures without proper authorization;
    • -interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Services or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
    • -using the Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
    • -forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services;
    • -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 Services. Any violation of system or network security may subject you to significant civil and/or criminal liability;
    • -scraping, crawling or using any other automated device or manual process to harvest data from the Services;
    • -using the Services to transmit any false, misleading, fraudulent or illegal communications;
    • -using information obtained from the Services to solicit other users;
    • -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
    • -BlueOceanBrain.com enables Subscribers to post sketches to the Blue Ocean Brain public Sketch Gallery. When You share a Sketch with any or all Subscribers on the site, You must ensure that the sketch does not include any comment or drawing that is unlawful, hateful, defamatory, abusive, obscene, sexually explicit, racist, threatening or otherwise offensive or encouraging of conduct that would constitute a criminal offense or give rise to civil liability. Postings of this nature will be permanently deleted and Subscriber use of the site may be terminated without notice.
  9. Privacy. Use of the Services is subject to its Privacy Policy (https://www.BlueOceanBrain.com/privacy-policy).
  10. Termination and Refund Policy. You may terminate Services for any reason and TRT will refund the appropriate pro-rata portion of the Subscription Fee already paid but not used within the contract term. We may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of the User Agreement. Any fees paid or accrued hereunder are non-refundable.
  11. Effect of Termination. Upon termination of the Registered User’s account(s), Registered User’s right to use the Services will immediately cease. All provisions of the User Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability and miscellaneous provisions.
  12. Disclaimer. THE SERVICES ARE 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 SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
  13. 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SERVICES ARE PROVIDED FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY AND ARE 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 SERVICES. NEVER AVOID SEEKING MEDICAL ADVICE OR DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU READ THROUGH THE SERVICES. USE OF SERVICES INFORMATION IS SOLEY AT YOUR OWN RISK. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.
  14. Remedies for Violations. We reserve the right to seek all remedies available at law and in equity for violation of this User Agreement, including, without limitation, the right to block access from a particular Internet address to the Services.
  15. Miscellaneous. This User Agreement 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 this User Agreement, your access to the Services and/or your use of the Services. If any provision of this User Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of this User Agreement 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 this User Agreement shall not constitute a waiver of such right or provision. You acknowledge and agree that you have fully read and understand this User Agreement and have had the opportunity to seek legal counsel of your choice. This User Agreement contains the entire agreement between the parties regarding the subject matter hereof. This User Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Us. This User Agreement 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 this User Agreement.