Terms of Use

General
Brilliant Associates Inc. and its affiliates ("Brilliant Associates") welcome you to the Brilliant Associates website (hereinafter "Brilliant Associates Site") which is hosted by or for Brilliant Associates. The Brilliant Associates Site includes areas such as Brilliant Insights, Brilliant Oono, Brilliant Manager for Tableau etc. which includes blog posts and hosted product solutions where users who have registered for a Brilliant Account (as described below) may transmit or post communications, participate in training, discussion forums, document and information sharing, beta program and other issues of interest to users of Brilliant Associates products and services, as well as user groups that are specific to certain communities of Brilliant Associates users ("Community Groups") and Brilliant Connections Solutions, the Brilliant Associates online repository that facilitates the development and distribution of applications, tools, utilities and other solutions that complement Brilliant Associates's software products ("Brilliant Connections Solutions").
User’s Acceptance of Terms of Use
These Terms of Use shall govern your access, visits and use of the Brilliant Associates Site. By accessing the Brilliant Associates Site or by registering for a Brilliant Account, you are subject to the Terms of Use. If you do not agree to all of the Terms of Use, you should not access, visit or participate in the Brilliant Associates Site. There may be certain areas of the Brilliant Associates Site or Community Groups where access and/or use is subject to eligibility requirements and/or include specific or supplemental terms of use, in addition to those set forth here ("Supplemental Terms of Use"). These include, but are not limited to, the Brilliant Connections Solutions Terms of Use, and the Brilliant Associates Cloud Services Terms of Service. If there is a conflict between these Terms of Use and any Supplemental Terms of Use, then the Supplemental Terms of Use shall govern your use and access of that particular area of the Brilliant Associates Site. All Supplemental Terms are hereby incorporated into these Terms of Use by this reference. If you breach any of the applicable Terms of Use, your authorization to use the Brilliant Associates Site (including any Community Group) automatically terminates and you agree to immediately destroy any material you obtained from the Brilliant Associates Site or derived from material you obtained from the Brilliant Associates Site. Brilliant Associates reserves the right to modify, suspend or terminate the Brilliant Associates Site or any area within the Brilliant Associates Site, and/or these Terms of Use, from time to time at its sole discretion and without notice. Brilliant Associates will post any modified Terms of Use on the Brilliant Associates Site. Brilliant Associates may also impose limits on certain features and services or restrict your access to parts of the Brilliant Associates Site without notice or liability. You should periodically check the Terms of Use for such changes. Brilliant Associates may, but is not obligated to notify you of such changes. Your continued use of any part of the Brilliant Associates Site after Brilliant Associates blog posts such changes to the Terms of Use (regardless of whether Brilliant Associates has specifically notified you of such changes) shall indicate your acknowledgement of such changes and agreement to be bound by the revised Terms of Use. Brilliant Associates will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Brilliant Associates Site and for any modification, suspension, or termination of the Brilliant Associates Site, or termination of your access to your Brilliant Account.
Registration and Eligibility
You must be at least eighteen (18) years old to have a Brilliant Account which makes you eligible to access certain areas of the Brilliant Associates Site, including Brilliant Connections Solutions, Brilliant Insights and Community Groups. If you wish to have a Brilliant Account, you must provide current, accurate, and complete information about yourself during the account registration process. By obtaining a Brilliant Account, you expressly agree to be bound by the Terms of Use as entered into by and between Brilliant Associates and you. You are responsible for maintaining the confidentiality of your Brilliant Account password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account. You must maintain and promptly update any account information provided to Brilliant Associates in order to keep such information up to date, accurate and complete. Brilliant Associates reserves the right to refuse access to certain areas of the Brilliant Associates Site to anyone, at any time, without notice, and for any reason. If you have a Brilliant Account, you agree that Brilliant Associates, or third parties acting on Brilliant Associates’s behalf, may send you important information and notices regarding the Brilliant Associates Site by email, text messaging or other means based on the information you have provided to Brilliant Associates. These Terms of Use are void where prohibited by law and the right to access the Brilliant Associates Site is revoked in such jurisdictions. You agree that if you become resident in such a jurisdiction, you will immediately cease all use and access of the Brilliant Associates Site. Brilliant Associates does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register a Brilliant Associates Account or use the Brilliant Associates Site without parental consent. In the event Brilliant Associates learns that it has collected personal information from anyone under age 13 without verification of parental consent, Brilliant Associates will delete that information as quickly as possible.
Conduct
You must abide by the following rules of conduct:
a. Do not engage in any unlawful conduct on the Brilliant Associates Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information on the Brilliant Associates Site. 
b. Treat others on the Brilliant Associates Site as you would expect them to treat you. Do not engage in personal attacks or any type of "flaming" of other users. Do not "troll", i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users. 
c. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it. 
d. Do not engage in disruptive activity on the Brilliant Associates Site, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities. 
e. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or otherwise have rights to use and exploit those materials as contemplated within these Terms of Use. 
f. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users' computers or to inappropriately access software or websites. 
g. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication. 
h. Do not falsely represent yourself to be any other person in the forum, including impersonating Brilliant Associates employees or agents. 
i. Do not use the Brilliant Associates Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities. 
j. Do not misrepresent the source of anything you contribute. 
k. While you may use certain aspects of the Brilliant Associates Site (such as Brilliant Insights and Brilliant Connection Solutions), as designated by Brilliant Associates, to provide supplemental information about your own business that might be of interest to other users (without spamming them), you shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement. You agree not to solicit other users of the Brilliant Associates Site to use or join or become members of any other commercial online or offline service or other organization.
l. You are responsible and liable for all your activities while participating on the Brilliant Associates Site, including anything you contribute. 
m. Do not rely on the Brilliant Associates Site for the safe and secure storage of any materials. The Brilliant Associates Site is not designed as the primary place to store any of these materials, and Brilliant Associates is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Brilliant Associates Site. 
n. Brilliant Associates reserves the right at any time, without notice, to ban or suspend access rights of any user who violates these Terms of Use. 
o. Some participants may post within the Brilliant Associates Site links to other Internet websites. Brilliant Associates is not responsible for the accuracy of these links or the content on the websites associated with these links. 
p. You are responsible for any actions you may take based on information or advice you receive through the Brilliant Associates Site (including Brilliant Insights or Brilliant Connection Solutions). As with any communication service, use your own good judgment when evaluating or acting upon information provided through the Brilliant Associates Site. 
q. Information exchanged on the Brilliant Associates Site is not confidential.
Contributions
There are opportunities for you as a Brilliant Account holder to actively participate by creating, providing, sharing and uploading information to the Brilliant Associates Site such as comments, ideas or suggestions for new or improved software products, technologies, marketing/advertising campaigns or product names, data, articles, documents, discussion forum threads, blog entries, computer code, such as software sample code, source code, scripts, patches, bug fixes, binaries or executables, or other data, material or information (individually and collectively "Contributions").
Contributions Ownership, Rights and Responsibilities
Brilliant Associates does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Brilliant Associates Site. By providing Contributions, you grant to Brilliant Associates and each Brilliant Associates Site user under all intellectual, industrial and proprietary rights a perpetual, worldwide, non-exclusive, sublicenseable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Contributions for any and all purposes. The license terms set forth in the Brilliant Connection Solutions Developer Terms of Use will apply to your submission of any Brilliant Connection Solutions. In order to grant Brilliant Associates and other users of the Brilliant Associates Site the rights, permissions and licenses described herein, you represent and warrant that you either own or have all the necessary intellectual property rights in the Contributions and that your Contributions do not violate any intellectual, industrial or other proprietary rights of others. By uploading Contributions to the Brilliant Associates Site, you warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware. You acknowledge and agree that all Contributions are provided on a non-confidential basis notwithstanding any designation or notation of confidentiality. All Contributions are subject to these Terms of Use, and Brilliant Associates reserves the right to remove at any time, without notice, any Contribution in violation thereof. For clarity, however, Brilliant Associates has no obligation to monitor or remove Contributions, and Brilliant Associates assumes no responsibility or liability for Contributions shared among users.
Third Party Web Sites, Content, Products and Services
The Brilliant Associates Site may contain links to web sites and access to Contributions, content (including opinions, advice, statements and advertisements), products and services from third parties (collectively "Third Party Content"). These links are available through the Brilliant Associates Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Brilliant Associates is not responsible for the availability of, any such Third Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content. If you choose to purchase any products or services (including, without limitation, any Brilliant Connection Solutions) from a third party, your relationship is directly with the third party. You agree that Brilliant Associates is not responsible for: (a) the quality of third party products or services; or (b) fulfilling any of the terms of your agreement with any third party seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Brilliant Associates is not responsible for any loss or damage of any sort you may incur from dealing with any third party(including, without limitation, any Brilliant Connections Solutions developer).
Disclaimer
BRILLIANT ASSOCIATES HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE BRILLIANT ASSOCIATES SITE (INCLUDING, BUT NOT LIMITED TO, BRILLIANT INSIGHTS, BRILLIANT CONNECTION SOLUTIONS, BRILLIANT CLOUD SERVICES, AND ALL COMMUNITY GROUPS) AND ALL BRILLIANT ASSOCIATES SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRILLIANT ASSOCIATES AND ITS SUPPLIERS 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. BRILLIANT ASSOCIATES AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE BRILLIANT ASSOCIATES SITE, CUSTOMER COMMUNITIES OR BRILLIANT ASSOCIATES SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BRILLIANT ASSOCIATES SITE, CUSTOMER COMMUNITIES OR ANY BRILLIANT ASSOCIATES SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE, OR THE QUALITY OF ANY BRILLIANT ASSOCIATES SITE CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE BRILLIANT ASSOCIATES SITE WILL MEET YOUR EXPECTATIONS. ANY BRILLIANT ASSOCIATES SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRILLIANT ASSOCIATES SITE IS DONE AT YOUR OWN DISCRETION AND RISK. BRILLIANT ASSOCIATES AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES.
Limitation of Liability
IN NO EVENT SHALL BRILLIANT ASSOCIATES OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE BRILLIANT ASSOCIATES SITE OR ANY BRILLIANT ASSOCIATES SITE CONTENT OR CUSTOMER COMMUNITIES; (B) YOUR RELIANCE UPON ANY OF THE BRILLIANT ASSOCIATES SITE CONTENT, (C) BRILLIANT ASSOCIATES'S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE BRILLIANT ASSOCIATES SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF BRILLIANT ASSOCIATES. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRILLIANT ASSOCIATES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BRILLIANT ASSOCIATES'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE BRILLIANT ASSOCIATES SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE HUNDRED DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY BRILLIANT ASSOCIATES PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE BRILLIANT ASSOCIATES PARTY'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
Indemnification
If Brilliant Associates and its subsidiaries, affiliates, directors, officers, agents, and employees should incur any liability to a third party arising out of or in any way related to (a) your breach of these Terms of Use (or any Supplemental Terms of Use), (b) your use of the Brilliant Associates Site, or (c) your Contributions or anything you upload or make accessible through the Brilliant Associates Site, you agree to indemnify and hold Brilliant Associates and its subsidiaries, affiliates, directors, officers, agents, and employees free and harmless from any such liability, and from all loss, claims, costs, demands, debts and causes of action in connection therewith, including reasonable attorney's fees and expenses.
Privacy Policy
Brilliant Associates does not require that you provide personal information, the decision to provide personal information is voluntary. However, in order to register for a Brilliant Account, you must provide personal information. By providing your personal information to Brilliant Associates, you consent to the collection, processing and storage by Brilliant Associates of your personal information in accordance with the terms of Brilliant Associates' Cookie & Privacy Policy. Brilliant Associates may monitor user behavior of its products and use of Brilliant ID to (i) improve our products and services, (ii) market related products and services to users and (iii) monitor for suspicious behavior to mitigate security or compliance issues in the use of Brilliant Associates products and services.
Export Restrictions/Legal Compliance
You may not access, download, use or export any Brilliant Associates Site Content or use or access the Brilliant Associates Site in violation of any country's export control laws or regulations or any other applicable laws or regulations. You agree to comply with all export control laws and restrictions and regulations of the United States and/or any foreign agency or authority (as relevant), and not to directly or indirectly provide or otherwise make available the services and products of Brilliant Associates in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the Brilliant Associates Site outside the U.S or relevant jurisdiction. You shall not make the services or products of Brilliant Associates nor the underlying information or technology available for download or otherwise provide, either directly or indirectly, (i) into any country subject to relevant export restrictions (including but not limited to those of the U.S. and E.U.), to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons, the U.S. Commerce Department's Denied Persons List, or the Consolidated List of the EU. By agreeing to these Terms of Use, you agree to the foregoing and represent and warrant that you are not on any of the aforementioned lists or located in, or are under the control of, any country subject to export restrictions.
Applicable Law; Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the laws of United States (excluding the U.N. Convention on Contracts for the International Sale of Goods) and any dispute, controversy or claim arising out of or in connection with these Terms of Use or the breach, termination or invalidity thereof, shall be settled by arbitration at the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). Where the amount in dispute clearly does not exceed USD 100,000, the SCC Institute’s Rules for Expedited Arbitration shall apply and the arbitral tribunal shall be composed of a sole arbitrator. Where the amount in dispute clearly exceeds the foregoing amount, the Rules of the SCC Institute shall apply and the arbitral tribunal shall be composed of three arbitrators. The place of arbitration shall be Lund, Sweden. The language to be used in the arbitral proceedings shall, unless otherwise agreed, be English.
Copyright Policy/Digital Millennium Copyright Act
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Brilliant Associates may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another. Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest; a description of the copyrighted work or other work that you claim has been infringed; a description of where the material that you claim is infringing is located on our sites, networks or other repositories; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Designated Agent for notice of claims of copyright infringement can be reached as follows: Legal Department, Brilliant Associates, Inc., 33 West End Avenue, 13H, New York, NY 10023, USA Attn: Chief Legal Officer. If the disputed materials were posted by a third party identifiable through reasonable efforts, Brilliant Associates will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Brilliant Associates will provide you with a copy so that you may take any other steps you may consider appropriate.