Breva Creative Website Terms and Conditions Last Updated: February 2024

1. Acceptance of Terms

1.1. Welcome to Breva Creative! By accessing or using our website, you agree to comply with and be bound by these terms and conditions (the “Terms”). If you do not agree to these Terms, please do not use our website or any services offered by our website.

2. User Accounts

2.1. Users may create member accounts on the Breva Creative website.

2.2. Members are responsible for maintaining the confidentiality of their account information and passwords.

2.3. Breva Creative reserves the right to terminate or suspend member accounts at its discretion.

3. Purchases and Memberships

3.1. Users can purchase goods and services through the Breva Creative website.

3.2. Memberships, including monthly memberships, can be purchased through the website.

3.3. Payments are processed securely, and users must provide accurate and up-to-date payment information.

4. Ownership of Content and Trademarks

4.1. All content on the Breva Creative website, including text, images, graphics, logos, and trademarks, is the exclusive property of Breva Creative and is protected by intellectual property laws.

4.2. Users may not reproduce, distribute, modify, or use any content from the website without the express written consent of Breva Creative.

5. Promotions, Contests, and Sweepstakes

5.1. Breva Creative may offer promotions, contests, or sweepstakes on the website.

5.2. Participation in such activities is subject to additional terms and conditions, which will be clearly communicated at the time of the promotion.

6. Contacting Us

6.1. Users can contact Breva Creative with questions or concerns about these Terms via the “Connect” page on our website.

6.2. Breva Creative will make reasonable efforts to respond to inquiries in a timely manner.

7. Modification of Terms

7.1. Breva Creative reserves the right to modify these Terms at any time without prior notice to users.

7.2. Continued use of the website after modifications constitutes acceptance of the revised Terms.

8. Governing Law

8.1. These Terms are governed by and construed in accordance with the laws of the State of Texas, United States.

8.2. Any legal action arising out of or related to these Terms must be filed in the state or federal courts located within the State of Texas.

9. Limitation of Liability

9.1. IN NO EVENT SHALL BREVA CREATIVE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND SPECIAL DAMAGES, OR LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR THE SERVICES PROVIDED, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE, AND EVEN IF ADVISEDOF THE LIKELIHOOD OF SUCH DAMAGES.

10. Indemnification

10.1. Users agree to indemnify and hold Breva Creative, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, losses, or damages, including attorney fees, arising out of or related to user actions on the website.

11. Filtering

11.1. Pursuant To 47 U.S.C. § 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.

12. Arbitration Agreement

12.1. You and Breva Creative agree that in the event of any claim, dispute, or controversy (whether in contract, tort, statute, or otherwise) arising out of, relating to, or connected in any way with (1) the site or (2) the breach, enforcement, interpretation, application, or validity of these Terms, such claim, dispute or controversy will be resolved exclusively by final and binding arbitration, except as otherwise set forth in these Terms (the “Arbitration Agreement”).

13. Jury Trial and Class Action Waiver

13.1. Except as the Terms otherwise provide, you and Breva Creative acknowledge and agree that THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. The parties further agree that ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. You and Breva Creative may not be plaintiffs or class members in any purported class, collective, or representative proceeding, and may each bring claims against the other only in your or its individual capacity. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the individual claim.

14. Miscellaneous

14.1. These Terms constitute the entire agreement between the user and Breva Creative and supersede any prior agreements or understandings, whether oral or written.

14.2. Failure to enforce any provision of these Terms does not constitute a waiver of that provision.

14.3. If any provision of these Terms is invalid, unlawful, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability of any remaining provisions.

By using the Breva Creative website, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.