boise | idaho

BRUSH’D LLC TERMS & CONDITIONS 
Thank you for registering for your brush’d, LLC (“brush’d”) event (“Event”)! These Terms & Conditions (“Terms”) govern your use of brush’d, including all features of the brush’d website (“Website”), all content associated therewith, your participation, and the Event (collectively “brush’d Experience” or the “Experience”). By using, visiting, or browsing brush’d, you accept and agree to be bound by these terms. If you do not agree to these Terms, you should not use brush’d, including the Website. These Terms are also a resource for you to get a deeper understanding of how brush’d works, including the kinds of data collected, how bills are processed, how brush’d interacts with you and other useful details. 

brush’d hopes you enjoy your brush’d Experience.

DEFINITIONS
The term “Event” means the Event you have chosen and registered to attend.
Payment Method – The term “Payment Method” means the method of your payment for the Event that you indicated during your registration for the Event.
All references herein to “you” or “your” shall mean and refer to the person who purchases a Ticket(s) for the Event, and includes any persons that attend the Event utilizing Tickets purchased by you.
The term “Venue” shall mean the location where the Event will take place.
The term “Website” shall mean the website hosted by brush’d: www.brushdexperience.com (and all pages contained therein).
The term “Ticket” or “Tickets” shall mean a revocable license sold to you and for which you have paid.
Work(s) of Art: The term “Work of Art” or “Works of Art” shall include any painting, drawing, sketch, or other depiction or representation uploaded to the Website or otherwise exhibited, in any manner, in the brush’d Library.
The term “Experience” or “brush’d Experience” shall include all features of the Website, all content associated therewith, the Event, and your participation or satisfaction throughout.


HOW BRUSH’D WORKS
brush’d provides an opportunity to mingle and create masterpieces through guided instruction for a Work of Art at the Venue upon the purchase of your Ticket.
brush’d reserves the right in its sole and absolute discretion to make changes at any time and without notice in how brush’d operates the Experience. Any description of how the Experience works should not be considered a representation or obligation with respect to how the Experience will always work, as brush’d is constantly making adjustments to the Experience and often these adjustments are not completely captured within these Terms.

Availability. The availability of brush’d events at particular venues will change from time to time and could potentially change on the day of the Event. The availability of a specific artist/instructor at the Event may change at the sole discretion of brush’d. While brush’d will attempt to make the artist/instructor you have signed up for available for the Event, the artist/instructor may change at the sole discretion of brush’d without notice to you. brush’d may also change which painting will be painted at the Event and may make such change without notice to you.

Materials Provided. brush’d will provide all paints, canvasses, brushes, easels, and aprons (“Equipment”) for the Event. While brush’d maintains quality control over the materials it uses, the quality of the paint, canvasses, brushes, easels, aprons and artist may vary and be affected by a variety of factors.

End result. brush’d makes no representations or guarantees about the quality of your painting or individual experience. Every painting will be unique and more than likely will differ from that shown in the image for you Event.

Start Time. brush’d will make every effort to begin the instruction at the designated start time and complete the instruction in under two hours. However, the time it takes to begin and complete the instruction will vary based on a number of factors, and brush’d makes no guarantees as to the exact amount of instruction time at the Event.

Capacity Limitations: There a limited amount of Tickets sold to each Event. brush’d recommends that you purchase your tickets in advance and arrive at the venue at least 30 minutes prior to the start of the Event to check in.

UNAUTHORIZED USE
brush’d paintings are developed by, and for, brush’d. With the exception of your painting at the Event, you may not copy or reproduce brush’d paintings or any portion thereof, and you may not sell, lease or distribute any reproduction of any brush’d painting, including the painting that you paint at your Event. Any unauthorized use of brush’d paintings are strictly prohibited.

PRIVACY POLICY
Any personally identifying information submitted through brush’d is subject to the Privacy Policy of brush’d. This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. brush'd and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if brush'd believes that customer conduct violates applicable law or is harmful to the interests of brush'd and its subsidiaries.
COMMUNICATIONS
By using brush’d, you are expressly and/or impliedly consenting to receive communications, electronic or otherwise, from brush’d. For example, brush’d may send you newsletters about new brush’d features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email brushdexperience@gmail.com and ask to be removed from such future correspondence.  
In addition, by utilizing the Experience you expressly and/or impliedly consent to receiving electronic communications from brush’d relative to your purchase, including notices about your purchase (e.g., change in event time or Venue or Payment Method, confirmation e-mails and other transactional information), and information concerning or related to the brush’d Experience. These communications are part of your relationship with brush’d and you receive them as part of the Experience. You agree that any notice, agreements, disclosure or other communications that brush’d sends to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.


BILLING
By purchasing a brush’d Ticket to your Event, you are expressly agreeing that brush’d is authorized to charge you a ticket fee at the then current rate, and any other charges you may incur in connection with your use of the Experience to the Payment Method you provided during registration. Please note that prices and charges are subject to change with notice. As used in these Terms, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Ticket fee will be billed upon purchase, not on the day of the Event. You acknowledge that the amount billed for each event may vary and you authorize brush’d to charge your Payment Method for such varying amounts. 

You may purchase a Ticket to reserve your spot from this Website by using any one of the Payment Methods. NO CASH REFUNDS WILL BE GIVEN unless a medical notice by a licensed doctor is provided and you are unable to attend an Event. brush’d reserves the right to change its payment procedures at any time without prior notice to you. There is a 48 hour cancellation policy in which no additional fee will be charged to transfer your reservation to a different event of your choice hosted by brush’d if cancellation notice is received by brush’d more than 48 hours prior to the Event you are registered for.  In the instance that cancellation occurs less than 48 hours prior to your registered event, there will be am additional $10.00 fee required to transfer Ticket to another event of your choice hosted by brush’d. If you do not attend the Event you are registered for and no cancellation notice is given, there will be NO REFUNDS OR CREDITS GIVEN. At any time, and for any reason, brush’d may provide a refund, discount, or other consideration (“credits”) to some or all of the customers of brush’d. The amount and form of such credits, and the decision to provide them, are at the sole and absolute discretion of brush’d. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate brush’d to provide credits in the future, under any circumstance. brush’d may change the fees and charges in effect, or add new fees and charges at any time, but brush’d will give you advance notice of these changes by email.

brush’d will bill the ticket fee to the Payment Method you provide to brush’d during registration.

RIGHT TO TERMINATE

brush’d reserves the right to terminate or restrict your use of the Experience, without notice, for any or no reason whatsoever. brush’d does not warrant any of the events or materials used in connection with the Experience, nor does brush’d warrant the operation of the Experience.

SOCIAL MEDIA
You are able to connect with brush’d through your Facebook or other social media accounts (“Social Media Accounts”). If you choose to connect your account with any Social Media Accounts, you will be able to take advantage of various social features brush’d may already have or will be creating, as part of the Experience, as well as features available on such Social Media Accounts. These features will be designed to share information with others - the essence of social media. For example, your friends and others who have access to view information about you on Facebook will be able to see (on Facebook and on the Website) that you are a brush’d customer as well as what you have painted, eaten or had to drink, with whom you attended an event, and other information about your use of the Experience. You will also be able to see similar information about your Facebook friends who are connected with brush’d. In addition, brush’d may personalize and otherwise enhance your experience based on your Facebook information, such as your basic information, and “Likes.” Please pay careful attention to your Facebook Connect settings in “Your Account” as well as your Privacy Settings in Facebook which will impact this feature and may give you some control over the information that is shared and with whom it is shared. BY CONNECTING THE brush’d ACCOUNT TO ANY SOCIAL MEDIA ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE RELEVANT SOCIAL MEDIA ACCOUNT (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA ACCOUNT). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING INFORMATION SUCH AS YOUR brush’d ACTIVITY, TO BE SHARED IN THIS MANNER, PLEASE CONTACT brush’d AT brushdexperience@gmail.com TO HAVE YOUR INFORMATION REMOVED. brush’d and social media companies are continually making changes and improvements to this feature, and therefore the available features and information that are shared may change at any time. These changes may take place without notice to you and may not be described in these Terms.


CUSTOMER REVIEWS
brush’d encourages you to send a review of your Experience to brushdexperience@gmail.com. brush’d reserves the right to promote, reject, remove or edit such content at any time without notice. Reviews should not contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on brush’d or its personnel, misleading information regarding the origin of the content; or a discussion of brush’d policies or services. You understand and agree that brush’d may, but is not obligated to, review the content and may delete or remove it (without notice) in sole and absolute discretion of brush’d, for any or no reason. Please also see “Use of Information Submitted” below.
WHEN YOU HAVE SUBMITTED A REVIEW, brush’d WILL DISPLAY YOUR RATING OF EVENTS. BY SUBMITTING A REVIEW, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW, INCLUDING YOUR RATING OF AN EVENT, TO A PUBLIC FORUM, INCLUDING OTHER CUSTOMERS OF, AND VISITORS TO, brush’d. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT SEND YOUR REVIEW TO brush’d OR USE THE REVIEW FEATURE(S) ON SOCIAL MEDIA ACCOUNTS.

AGE RESTRICTION
brush’d is only for adults who are of the legal drinking age (or older) at the Venue where your Event is being held. brush’d is not responsible in any manner if persons under the legal drinking age attend the Event. In the event brush’d or its instructor discovers that an attendee is under the legal drinking age in the venue where your Event is held, brush’d or its instructor will refuse to offer instruction to any underage individual and will be asked to leave the Venue, regardless of whether that individual has a Ticket to the Event. brush’d has the right to request and will require that you present a valid form of identification demonstrating your age at Event check in, in which you agree that you will comply with such request.

VENUE
At the Event, you may encounter third-party services (“TPS”), including, but not limited to food and beverage service from the venue where your Event will take place if indicated at the time of purchase. These TPS are provided solely as a convenience to you, and brush’d is not responsible for and does not endorse the TPS provided by the venue where your Event will take place. You understand that you are responsible for all additional charges you incur at your Event, including, but not limited to food and beverage charges. SUCH TPS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO, ASSOCIATED WITH OR SPONSORED BY brush’d. Some of these TPS may even use brush’d trademarks in connection with your Event. brush’d is not responsible for and does not endorse the content of such TPS. You will need to make your own independent judgment regarding your interaction with these TPS. By using such TPS, you acknowledge and agree to the following: (i) your use of any TPS may cause personally identifying information, such as a photo, to be publicly disclosed and/or associated with you, even if brush’d has not provided such information, and (ii) your use of any TPS IS AT YOUR OWN OPTION AND RISK. You agree to indemnify and hold brush’d harmless for the sharing of information or the receipt of TPS relating to your Event that results from your use of any TPS. You further agree to indemnify and hold brush’d harmless from all claims involving or relating to the provision of TPS. If you have any questions, concerns, complaints, or claims about a particular TPS, you should contact the support or contact personnel of the particular TPS provider and not brush’d, unless otherwise indicated by brush’d. brush’d DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF TPS. You agree to defend and indemnify brush’d for any and all claims made as the result of the provision of TPS at your Event.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILTY
THE brush’d EXPERIENCE, THE brush’d WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH brush’d, AND YOUR EVENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. brush’d MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE brush’d EXPERIENCE, THE brush’d WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE brush’d EXPERIENCE, AND YOUR EVENT. brush’d DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE brush’d EXPERIENCE, THE brush’d WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE brush’d EXPERIENCE, AND YOUR EVENT WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT brush’d MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE brush’d EXPERIENCE AND YOUR EVENT, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. brush’d SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF TPS, brush’d PAINTINGS, AND EQUIPMENT. Without limiting the foregoing, brush’d assumes no liability or responsibility for any of the following(except in the case of gross negligence or willful misconduct on the part of brush’d): (i) errors or omissions in the content delivered by the brush’d Experience or on the brush’d Website or user interfaces; (ii) recommendations or advice of Customer Experience; (iii) any failure or interruption in the availability of the brush’d Experience and/or Website or user interfaces; (iv) delivery and or display of any content contained on the brush’d Website, or otherwise through the brush’d Experience; and (v) any losses or damages arising as a result of or related to your Event, the provision of TPS at your Event, the consequences of the provision of TPS at your Event, or otherwise through the brush’d Experience itself, including any losses or damages arising from the brush’d Experience, Website, Equipment, your Event, or TPS. BRUSH’D DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF SATISFACTORY QUALITY OF YOUR PAINTING. In addition, brush’d does not represent or warrant that the information accessible via the Website is accurate, complete or current. brush’d does not make any representations with respect to the content contained on events from the brush’d Experience or the descriptions of any event content contained on the brush’d Website and user interfaces. brush’d does not represent or guarantee that your use of the brush’d Experience will be free from interruption, and brush’d disclaims any liability with respect thereto. No oral or written information or advice given by brush’d or authorized representative of brush’d shall create a warranty or otherwise constitute a representation binding upon brush’d.
IN NO EVENT SHALL brush’d, OR ANY OF ITS MANAGERS, MEMBERS, EMPLOYEES, AGENTS, LICENSEES, EVENT INSTRUCTORS, EVENT ASSISTANTS, AND SUCCESSORS OR ASSIGNS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE brush’d EXPERIENCE, THE WEBSITE, TPS, YOUR EVENT, AND ALL CONTENT ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE brush’d EXPERIENCE, AND FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO CIRCUMSTANCE SHALL BRUSH’D’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES OR LOSSES ARISING FROM THE brush’d EXPERIENCE, BRUSH’D’S WEBSITE, AND ALL CONTENT ASSOCIATED THEREWITH, ANY OTHER FEATURES ASSOCIATED WITH THE brush’d EXPERIENCE, AND YOUR EVENT EXCEED THE MAXIMUM OF THE TICKET PRICE FOR THE EVENT.

INTELLECTUAL PROPERTY
brush’d, the brush’d logo and brushdexperience.com, are service marks of brush’d. The Website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of brush’d. The service marks and trade dress of brush’d may not be used or reproduced without prior written approval from brush’d and may not be used in connection with any product or service that is not affiliated with brush’d, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of brush’d, or in any manner that disparages or discredits brush’d. Other trademarks that appear on the Website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by brush’d. Any images of persons or personalities contained on the Website are not an indication or endorsement of brush’d or any particular product or our service unless otherwise indicated.
You agree that brush’d is and shall remain the sole owner of all rights, title, and interest in and to any and all Works of Art, and that you shall only have the limited right to utilize a Work of Art for your Event and/or the promotion of an Event, and for no other purpose. At the conclusion of your Event, you may take your own painting with you. You further agree that you will not reproduce, copy, or otherwise distribute for profit the image you painted (or any reproduction thereof).
You acknowledge that you do not have, acquire or retain any rights to any such Works of Art after the end of your Event (or after repeat Events utilizing the same Work of Art).
You acknowledge that any photographs taken at your Event by brush’d, anyone hired by brush’d, or any instructor,  which photographs depict in any manner the artwork, the set-up of your Event, the participants or instructors or staff at your Event, you, or the equipment, materials, supplies or marketing materials related to brush’d in any way shall become the property of brush’d, and may not be reproduced or utilized except as authorized by brush’d, and that brush’d is free to use all such materials at the sole and absolute discretion of brush’d.

ENTERTAINMENT AND SERVICE CONTENT
brush’d provides entertainment and reserves the right to display and promote the filmed or photographed entertainment or other information through the Experience, including the Website and user interfaces, such as Facebook, to you and others in any manner brush’d chooses in its sole and absolute discretion. In addition, the Experience allows you and other third parties to post reviews or comments concerning the entertainment distributed by brush’d on Social Media Accounts. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties through the Experience are those of the respective authors or producers and not of brush’d, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns. Under no circumstances shall brush’d, or its members, directors, officers, employees, attorneys, affiliates, successors, or assigns be held liable for any loss or damage caused by your reliance on information obtained through the Experience. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Experience.

USE OF INFORMATION SUBMITTED
brush’d is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to brush’d (“Feedback”), including responses to questionnaires or through postings to the brush’d Experience, including the Website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the brush’d Experience. brush’d may also share your information with third parties for purposes of the brush’d business. Furthermore, by posting any Feedback on the Website, submitting Feedback to brush’d, or in responding to questionnaires, you grant brush’d a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media of any kind now existing or developed in the future.
Please note brush’d does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content in any media to materials or ideas transmitted to brush’d. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against brush’d, its members, directors, officers, employees, attorneys, affiliates, successors, or assigns regarding the use of such materials and ideas, even if materials or ideas are used that are substantially similar or identical to the material or idea you sent.

TESTING
From time to time, brush’d tests various aspects of the Experience, including the Website, user experience, service levels, plans, promotions, features, availability of venues, delivery, and pricing, and brush’d reserves the right to include you in or exclude you from these tests without notice.

CUSTOMER SERVICE
If you need assistance, you may find answers and reach Customer Experience at any time at brushdexperience@gmail.com. Also you can visit the FAQs page at www.brushdepxerience.com where you will find the answers to frequently asked questions.

YOUR CONDUCT 
By accessing the brush’d Experience, including the Website, you agree to use the brush’d Experience, including all features and functionalities associated therewith, the Website and user experience and all content associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You also agree not to interfere with the instructors, customers or anyone connected to any portion of the brush’d Experience, or to violate any of the procedures, policies or regulations of establishments or venues connected to the brush’d Experience. You also agree not to impersonate any other person while using the brush’d Experience, conduct yourself in a vulgar or offensive manner while using the brush’d Experience, or use the brush’d Experience for any unlawful purpose.

LINKS AND PAGES
Some of the hyperlinks on the Website may lead to other websites or other content that are not controlled by, or affiliated with, brush’d. In addition, other websites may link to the brush’d website or brush’d may include links to the websites of businesses, including those that have associations with brush’d through certain programs. These pages may provide links to third party. brush’d has not reviewed these websites and you agree that brush’d is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that brush’d is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites. These linked websites have separate and independent privacy statements, notices and terms of use, which brush’d recommends you read carefully.

ARBITRATION AGREEMENT
You and brush’d agree that any dispute, claim, action, or controversy arising out of or relating in any way to the brush’d Experience, including the Website, user interfaces, these Terms, and the Event shall be determined by binding arbitration instead of in courts. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to limited review by courts. Arbitrators may award the same damages and relief that a court can award. You, including all Event attendees for whom or who actually utilize a Ticket purchased by you (“Event Attendees”), and brush’d agree that the State of Idaho governs the interpretation and enforcement of this provision, and that you and brush’d are waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and the conclusion of the Event.
If you elect to seek arbitration, you must first send to brush’d, via email written notice at which time an address will be provided and then by certified mail, a written notice shall be sent of such claim (“Notice”). The Notice to brush’d must be addressed to: brush’d, LLC.  Delivery shall be deemed to have been made by you to brush'd five (5) days after the date sent. The Notice must state the basis of such claim, including all facts related to such claim, all witnesses to such claim, and a complete statement of the damages such claim seeks, including a description of how such damages are calculated.

YOU, INCLUDING ALL EVENT ATTENDEES, AND brush’d AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and brush’d agree otherwise, the arbitrator may not consolidate more than one person’s claims with another person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

WAIVER OF RIGHTS
The failure of brush’d at any time or times to demand strict performance of any of the terms, covenants, or conditions set forth herein shall not be construed as a waiver or relinquishment thereof and brush’d may at any time demand strict and complete performance of said terms, covenants and conditions.

SIGNIFICANCE OF HEADINGS
Section headings contained within these Terms are solely for the purpose of aiding in speedy location of subject matter and are not in any sense to be given weight in the construction of these Terms. Accordingly, in case of any question with respect to the construction of these Terms, it is to be construed as though such section headings have been omitted.

SEVERABILITY

If any provision of these Terms is held to be unenforceable or illegal, such provision shall be severed from these Terms, and all other provisions set forth herein shall remain in full force and effect.

NO ADVERSE CONSTRUCTION
You agree that in the event of any ambiguity in these Terms, there will not be any adverse construction against either you or brush’d on the grounds that brush’d drafted these Terms.

SURVIVIAL
Both your and brush’d’s obligations in these Terms, which by their nature, have significance after the conclusion of the Event, shall survive the termination or expiration of these Terms and the conclusion of the Event.

AUTHORITY
You represent and warrant that you have the full right, power, and authority to enter into these Terms on behalf of yourself.

FURTHER ASSURANCES
You agree that you shall, at the request of brush’d, execute and deliver such documents, certificates, and other writings, and take such other actions as may be necessary or desirable, to accomplish the goals of these Terms.

FORCE MAJEURE
Neither you nor brush’d shall be liable for the failure to perform any of the obligations hereunder (other than the payment of money) during any period in which such performance is delayed by fire, flood, earthquake, other natural disaster, war, embargo, riot or the intervention of any government authority, provided that the party that is unable to perform immediately notifies the other party of such inability.

ELECTRONIC TRANSACTIONS
You agree to conduct transactions, including, but not limited to the purchase of your Event Ticket and the acknowledgement of these Terms and future transactions, by electronic means.

INDEMNITY
You agree to defend, indemnify, and hold brush’d harmless with respect to (i) all disputes, claims, actions, or controversies related in any way to the attendance of the Event and (ii) all disputes, claims, actions, or controversies related in any way to any Event Attendees’ attendance of the Event, and that such defense and indemnity shall include all expenses, costs, liabilities, judgments, awards, and attorneys’ fees incurred by brush’d that are related to such circumstances.

MISCELLANEOUS 
The Terms and Conditions constitute the entire agreement between you and brush'd with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and brush'd with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by brush'd. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of brush'd, LLC shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. brush'd and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.

COPYRIGHT NOTICE
All content appearing on this Web site is the property of: brush'd
Copyright © 2015 brush'd. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2015 brush'd. All rights reserved.