Terms of Use

Effective Date: 10/16/2024
Version: 1.0

Please read these Terms of Use (the “Terms”) carefully. These Terms govern access to and use of the Brivity, Inc dba Forward Coaching (“Forward Coaching,” “we” or “us”) website (“Site”), applications, events, and other services provided by us (collectively, “Offerings”). Individuals or entities who purchase, download, or access the Offerings or create an account (“Account”) are collectively referred to as “Users”. Those individuals or entities who visit the site without creating an account are referred to as “Visitors”. Users and Visitors may be referred to in this Agreement as “you” and “your” as applicable. The parties to this Agreement shall be known collectively as the “Parties” and singularly as a “Party”.

This Agreement is in addition to any other agreement between you and us, including but not limited to a Privacy Policy or additional terms and conditions found on the Offerings. Any capitalized terms not defined herein are defined in the Privacy Policy.

  1. Acceptance of Terms. By accessing, attending, or otherwise utilizing any of the Offerings, you agree to be bound by these Terms. If you do not agree to these Terms, you are not authorized to use any of the Offerings and must cease use immediately.
  1. Eligibility. By agreeing to these Terms, you represent that you are at least 18 years of age and are otherwise legally qualified to enter into contracts under applicable law. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms. 
  1. Use of Offerings.
  1. Access. We will provide Users access to the Offerings as described in this Agreement or at the point of purchase, if applicable. We may provide some elements of the Offerings through third party service providers. It is User’s responsibility to ensure that all access and use of the Offerings is in compliance with these Terms.
  1. Availability & Modifications. We reserve the right to modify, add, or discontinue any part or feature of the Offerings. We will give Users sufficient notice prior to making any modifications to the Offerings that would materially alter their functionality. We will not be liable if, for any reason, all or any part of the Offerings is unavailable at any time.
  1. Events. When you attend one of our events (“Event”), whether in-person or online, we grant a personal, non-assignable license for you to use any information conveyed orally, in writing, or otherwise at the Event for your personal or business purposes not related to training or coaching. Video or audio recording of all or any portion of any Event is prohibited. Distribution of marketing or promotional materials in the Event location, whether personal or for business purposes, is prohibited.
  1. Use Restrictions.
  1. Prohibited Use. By using the Offerings, you represent and warrant that you will not engage in any activity or transmit any information that, at our sole discretion:
  • is unlawful, or violates any federal, state, or local law or regulation;
  • promotes illegal activity or solicits others to perform or participate in any unlawful acts;
  • is threatening, abusive, harassing, or defamatory;
  • is deceptive, false, misleading, or fraudulent;
  • interferes with or restricts another party’s use of the Offerings;
  • attempts to impersonate another person or entity;
  • infringes Forward Coaching’s or a third party’s intellectual property right(s);
  • uses the Offerings to spam or transmit advertising materials, including but not limited to surveys, contests, or pyramid schemes;
  • is invasive of another’s privacy or otherwise violates another’s legal rights;
  • harvests or otherwise collects information about others without their consent;
  • is not a good faith use of the Offerings;
  • promotes, encourages, or facilitates hate speech; violence; discrimination based on race, color, sexual orientation; marital status; gender or identity protection; parental status; religion or creed; national origin or ancestry; sex; age; physical or mental disability; veteran status; genetic information; citizenship and/or; any other characteristic protected by law.
  1. Adherence to Terms. Forward Coaching is under no obligation to monitor User’s, or anyone else’s, access to or use of the Offerings for violations of these Terms. However, we retain the right to do so for the purposes of improving the Offerings; risk assessment purposes; customer support purposes; analytics; ensuring compliance with these Terms; and to comply with any applicable law or decree of a court, administrative agency, or other public authority.
  1. Account Information & Security.
  1. Registration. To access the Offerings, User may need to register, or create a user account and password. Information necessary for registering for an Event or an Account with us includes, but is not limited to, your name, phone number, and email address. For continuous access to our Offerings, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. You agree not to (1) misrepresent yourself as someone else by selecting or using a username, a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; or (3) use a fictitious name or pseudonym to register an Account.
  1. Unauthorized Access. User will take reasonable steps to prevent unauthorized access to the Offerings, including, but not limited to, protecting passwords and other login credentials. Forward Coaching is not responsible for any unauthorized access or use by any third party who gains access to your Account, provided that such access is not caused or contributed to by us. User must notify us promptly of any known or suspected unauthorized access to the Offerings or breach of its security and will use best efforts to stop such breach or unauthorized access.
  1. Losses Due to Unauthorized Access. Forward Coaching will not be liable for any losses you incur as a result of someone else’s use of your Account or password, either with or without your knowledge. You may be held liable for any losses suffered by us, our affiliates, directors, officers, employees, agents, and representatives due to someone else’s use of your account or password.
  1. Nontransferable. You may not sell, lease, rent, or otherwise transfer your Account to another individual or entity.
  1. Intellectual Property Rights.
  1. Ownership. Forward Coaching is the owner or the licensee of all intellectual property rights in our Offerings, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Offerings (collectively, the “Content“), as well as the trademarks, service marks, and logos contained therein (the “Marks“). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
  1. Limited License. We grant you a non-exclusive, non-transferable, revocable license to access the Offerings, and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purposes. Except as set out in this section or elsewhere in our Terms, no part of the Offerings and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. If you wish to make any use of the Offerings, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: datasupport@forwardcoaching.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Offerings or Content, you must identify us as the owners or licensors of the Offerings, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
  1. Downloadable Resources. Any resources available to download through the Offerings or any third party website or application (the “Resources”) are the protected content of Forward Coaching or third party providers. Use of the Resources is governed by these Terms. Unauthorized reproduction or distribution or the Resources is prohibited by law and may result in civil and criminal penalties.
  1. Copyright. We respect the intellectual property of others, and we ask our Users to do the same. If you believe that any content or material on the Offerings infringes copyrights you own, please contact us at datasupport@forwardcoaching.com.
  1. User Content, Feedback, & Other Submissions.
  1. Feedback. Forward Coaching encourages you to provide feedback about the Offerings, but we will not treat as confidential any suggestion or idea provided by you, and nothing in these Terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you. You agree that you will not submit to us any information or ideas that you consider to be confidential.
  1. Third Party Rights. By transmitting suggestions, information, material, or other content to us, you represent and warrant that such does not infringe upon or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to us and enable us to use such information.
  1. Privacy. Forward Coaching cares about your privacy. By using the Offerings you consent to the collection, use and disclosure of your Personal Information, and to have your Personal Information collected and used by us and all of our affiliates as provided in our Privacy Policy. By providing us with your email address and/or phone number, you consent to us using the email address and/or phone number to send you Offering-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and/or phone number to send you other messages, including notifications relating to the Offerings, legal notices and marketing materials, in each case as set out in our Privacy Policy.
  1. Payment.
  1. Fees. A fee may be charged to attend, access, or otherwise utilize any of our Offerings. You are responsible for paying the fees for the use of the Offerings. Any fee that is charged will be disclosed to you prior to access. Forward Coaching may change the fees for use of the Offerings at any time, with or without notice to you.
  1. Refunds. All Users understand and agree that it is our standard policy that purchases and/or fees associated with your Account or use of our Offerings are final and nonrefundable. We reserve the right to address any refund request at our sole and absolute discretion.
  1. Term & Termination.
  1. Termination by You. You may cancel your Account with us at any time, so long as there is no existing balance owed to you or us on your Account. If there is a balance owed to us, your Account will remain active until the balance has been paid.

2″ style=”margin-left:15px;”>

  • Termination by Us. We may terminate or suspend your use of the Offerings at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with these Terms. Upon any such termination or suspension, your right to use the Offerings will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your username, password and Account, and all associated materials, without any obligation to provide any further access to such materials.
  1. Survivability. Subject to the limitations and other provisions of these Terms: (a) the representations and warranties of the Parties contained herein will survive the expiration or termination of these Terms; and (b) any provision that, in order to give proper effect to its intent, shall survive such expiration or termination, will survive the expiration or termination of these Terms for the period of time necessary to give proper effect to the intent of the provision.
  1. Third Party Content. The Offerings may include links to third party websites, services, or resources. We make no representations or endorsements as to the quality, suitability, functionality, or legality of any third party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. Forward Coaching has no obligation to approve or monitor materials provided by third parties and is not responsible for the content on the internet or webpages that are located outside of the Offerings. Any dealings with third parties arising in connection with the Offerings are solely between you and such third party, and we take no responsibility for damage of any sort incurred as the result of such dealings with third parties.
  1. No Warranty. YOU AGREE THAT YOUR USE OF OUR OFFERINGS IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE OFFERINGS WILL MEET YOUR REQUIREMENTS, OR THAT THE OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OFFERINGS OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE OFFERINGS OR THAT DEFECTS IN THE OFFERINGS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERINGS IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE OFFERINGS OR ANY TRANSACTIONS ENTERED INTO THROUGH THE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
  1. Limitation of Liability. EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, IN NO EVENT SHALL FORWARD COACHING OR ITS SUPPLIERS OR LICENSORS BE LIABLE CONCERNING THE SUBJECT MATTER OF THESE TERMS, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL (INCLUDING ANY ERROR OR DAMAGE ATTRIBUTABLE TO ANY NETWORK OR SYSTEM), (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, OR (D) ANY DIRECT DAMAGES, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID TO US HEREUNDER WITH RESPECT TO THE SERVICES THAT GAVE RISE TO THE CLAIM DURING THE TWELVE-MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
  1. Indemnification. You agree to defend, indemnify, and hold Forward Coaching harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Offerings; (2) breach of these Terms by you; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) the nature and content of all Personal Information processed by us. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
  1. Release. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party. If you are not a California resident, you waive your rights under any statute or common law principles similar to Section 1542 that governs your rights in the jurisdiction of your residence.
  1. Dispute Resolution.
  1. Mandatory Arbitration. If any dispute arises between the Parties with respect to the interpretation or enforcement of these Terms that cannot be solved directly between the Parties in 30 days or less by good faith negotiation, then the Parties shall submit the dispute to binding arbitration held in Bellingham, Washington, in accordance with the American Arbitration Association. The arbitration shall be conducted by one arbitrator, mutually agreed upon by the Parties, who shall be knowledgeable regarding the subject matter of this Agreement. The arbitration will be final, and binding and the arbitrator’s order will be specifically enforceable in any court of competent jurisdiction. The arbitrator shall award reasonable attorney fees, costs (including expert costs), expenses, and the arbitrator’s fees to the prevailing party in accordance with the Commercial Arbitration Rules of the AAA. The prevailing Party also shall be entitled to recover all reasonable costs and fees that may be incurred in enforcing any judgement or award, and this provision shall not be merged into any judgement but shall survive any judgement.
  1. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION SHALL BE JOINTED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND BRIVITY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION.
  1. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever. No relationship of exclusivity shall be construed from these Terms.
  1. General
  1. Consent to Receive Electronic Communications. You consent to receive communications from us electronically. We will communicate with you by email or by posting notice on the Offerings. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy a legal requirement that such communications be in writing. We may use your email address to send you other messages, including information about Forward Coaching and special offers. You may opt out of these communications by changing your Account settings or sending an email to datasupport@forwardcoaching.com.
  1. Assignment. We may assign or delegate these Terms and their rights, duties, and obligations hereunder, in whole or in part, to any person or entity without notice to you. You may not sell, assign, or transfer any of your rights, duties, or obligations under these Terms without prior written consent of Forward Coaching.
  1. Force Majeure. Neither Party shall be liable for any delay or failure in performance under these Terms (except for a failure to pay fees) on account of events beyond the reasonable control of such Party, which may include, without limitation, denial of service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, and internet connectivity. The Party affected by the force majeure event will provide notice to the other Party within a commercially reasonable time and will make best efforts to resume performance as soon as reasonably possible.
  1. Governing Law. These Terms shall be construed and controlled exclusively by the laws of the State of California. The laws of the State of California will govern any dispute arising from the terms of these Terms or a breach of these Terms. User agrees to exclusive personal jurisdiction by the state and federal courts sitting in the State of California in Orange County.
  1. Entire Agreement. These Terms and all its attachments constitute the entire agreement between the Parties and supersede all prior agreements, oral or written, relating to the Offerings. These Terms may only be amended if both Parties agree, in writing, to the changes.
  1. Waiver. No failure or delay by a Party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
  1. Severability. If any term or provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.
  1. Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting Party.
  1. Headings. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
  1. Consumer Complaints. Under California Civil Code §1789.3, California customers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  1. Changes to Terms. From time to time, we may change these Terms, and any of the documents referenced herein, to meet technical, operational, and legal changes. We will post a notice about changes made to these Terms on the Offerings and will notify you by email, within a reasonable time, of any material change to these Terms. Your continued use of the Offerings after receiving notice of any such changes shall constitute your acceptance of the Terms. 
  1. How to Contact Us. If you have questions or concerns about these Terms or our Offerings, you may contact us by email at datasupport@forwardcoaching.com, or mail your questions or concerns to us at:

Forward Coaching

3555 Harbor Gateway S.

Suite A

Costa Mesa, CA 92626