BROWN BRUHA AND BROWNBRUHA.COM
TERMS & CONDITIONS

PLEASE CAREFULLY READ THE PRIVACY POLICY, THESE TERMS & CONDITIONS, AND THE DISCLAIMER IN THEIR ENTIRETIES BEFORE USING BROWNBRUHA.COM (HEREINAFTER REFERRED TO AS THE “SITE”). The Site and its content are owned by Rochelle Sugawa dba Brown Bruha (hereinafter “Brown Bruha”).

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

IMPORTANT NOTES: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at hello@brownbruha.com.

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Section 17 and voluntarily waive your right to a jury trial.

By proceeding on the Site, you hereby agree to the following:

 

1. Definitions

“Company”, “We”, “I”, “Our”, or “Us” means Brown Bruha and our website, brownbruha.com.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Rochelle Sugawa, Brown Bruha, and/or brownbruha.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Brown Bruha and/or on brownbruha.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Purchase”, “Purchased”, “Purchasing”, “Downloading” or “Download” means any Content (as defined herein) or Courses, Services, and/or Products (as defined herein) you paid for and/or copied to your computer, hard drive, cloud system, or another process of downloading data, from this Site (as defined herein).

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, etc.

“Site, Courses, Services, and/or Products” means brownbruha.com Content, email list newsletters, social media posts, blog posts, courses, consultation services, guides, eBooks, forms, worksheets, workbooks, workshops, website materials, and/or any other products, services, or offerings available on the Site.

“Site” means brownbruha.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

 

2. Consent

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy, and our Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

 

3. Site Rules

By using the Site and/or making any Purchase, you hereby agree & consent not to:

  • Abuse or harass any person through or on the Site.

  • Post or transmit obscene, offensive, libelous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

  • Use the Site in any way or for any purpose which violates any law of the United States and the jurisdiction in which you use the Site.

  • Post or transmit any “spam” or unwanted, unsolicited content.

  • Post copyrighted materials, photographs, or content which do not belong to you.

  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

 

4. DISCLAIMER; NO ATTORNEY-CLIENT RELATIONSHIP

Our Disclaimer is hereby incorporated into these Terms & Conditions. Please read our Disclaimer and email hello@brownbruha.com if you have any questions.

Additionally, the Site, Courses, Services, and/or Products are intended for informational, educational, and entertainment purposes only and are not intended as legal, financial, medical, or other professional advice. By accessing and using the Site, Courses, Services, and/or Products, such use shall constitute your agreement that the Site, Courses, Services, and/or Products is not professional advice and shall not be relied upon by you as such.​

You should ALWAYS consult with a professional first before implementing any of our advice, information, or suggestions. Please only implement any and all changes after consulting with a professional and assessing your own risk. Acting or failing to act because of information provided on this website is done at your own risk. 

Your consumption of the information on the Site does not create an attorney-client relationship and the provision of this information on this website does not constitute practice of law or any other professional advice.  Communication with the Company through this Site is not provided in the course of and does not create or constitute an attorney-client relationship, is not intended as a solicitation, is not intended to convey or constitute legal advice, and is not a substitute for obtaining legal advice from a qualified attorney.  We do not solicit or provide legal advice.

 

5. Changes to These Terms & Conditions

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, do not use our Site, read or implement its Content, or Purchase or Download anything from us.

 

6. Links to Third-Party or External Websites

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. We are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a privacy policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s privacy policy or terms & conditions.

 

7. Intellectual Property Ownership

The Site and its Content are intellectual property solely owned by Brown Bruha. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

8. Our Limited License to You

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

 

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate U.S. intellectual property laws unless authorized by us in writing beforehand.

 

9. Your License to Us

By commenting on the Site, or submitting documents or other information to Brown Bruha via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

 

10. Purchase & Access Terms

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

 

11. Sharing the Site & Its Contents

You must request and receive written permission by email from hello@brownbruha.com before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with Brown Bruha.

 

12. No Claims Made Regarding Results

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

 

13. No Warrantees, Guarantees, or Representations Are Being Made

We do not offer any warranties, of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties of any kind, neither express nor implied, to the extent permitted by law. 

 

14. Your Release of Us

By using the Site or Purchasing, Downloading, or using Brown Bruha’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Brown Bruha, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

 

15. Errors & Omissions

Every effort is made to provide up-to-date accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Brown Bruha does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

 

16. Our Refund Policy

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for services already rendered or products already purchased unless otherwise stated in the service agreement. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email hello@brownbruha.com.

 

17. ARBITRATION CLAUSE

If you have any complaint or should any issue arise in the use of the Site or Brown Bruha’s Courses, Services, and/or Products, please contact us directly first by emailing hello@brownbruha.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Brown Bruha shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 20 miles of Los Angeles, California.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of California. The only award that can be issued to you is a refund of any payment made to Brown Bruha for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages.

 

18. Consent to Governing Law

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the State of California.

 

19. Consent to Jurisdiction

You hereby irrevocably consent to the exclusive jurisdiction and venue of any Federal Court in the United States District Court for the District of California or a state court located within the State of California in connection with any matter arising out of these Terms & Conditions, our Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

 

20. Consent to Service

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the State of California for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the State of California.

 

21. Payment & Purchases

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay via PayPal or by card. By doing so, you give Brown Bruha permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

If you elect an installment or “pay over time” option at checkout, you agree that Brown Bruha has permission to automatically charge, without checking with you before each installment transaction is charged, the amount due on the date(s) agreed upon at checkout.

If your payment method fails or is otherwise declined, you will be removed from, or canceled from having access to, our Courses, Services, and Products. Please note, in the event your payment method is declined at any time, you are still responsible for the full cost of your Purchase. 

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are not liable or responsible for any of those circumstances.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree not to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

 

22. Limitation of Liability

Brown Bruha is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

 

23. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Brown Bruha, Rochelle Sugawa, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Brown Bruha and Rochelle Sugawa (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

 

24. Termination of Your Use

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, the Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

 

25. Entire Agreement

These Terms & Conditions, the Privacy Policy, and Disclaimer together constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

 

26. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no affect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

 

27. Your Privacy & Security on the Site

Please read our Privacy Policy for how we handle your personal information.

 

28. Contact

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:

Updated on June 6, 2022