Advertising Terms & Conditions.
The following terms (the “Ads Agreement” or “Agreement”) apply to your use of Brios’ online advertising platform (the “Ads Platform”), including your choice of membership selection (the “Membership Services”) and the self-serve, auction-based ad services (the “Ads Services”). The Membership Services and Ad Services allow your ads to be served on https://thebrios.com (the “Website”), property of Brios Services LLC (“Brios”). By registering for or using our online Ads Platform, Membership Services or our Ad Services, you agree to the terms of this Agreement.
1. Agreement
This Ads Agreement governs with respect to all access and use of the Ad Services. When you use our Ad Services you agree to this Ads Agreement, our Privacy Policy and Terms and Conditions. Additional terms may apply to specific features of the Ad Services.
If you are accessing or using the Ad Services on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to this Ads Agreement, and your agreement to this Ads Agreement will be treated as their respective agreement. In this event, Brios may hold you responsible for violations of this Ads Agreement by that business or third party, and “you,” “your” and “party” will also refer and apply to that business or third party.
2. Registration
We may maintain a list of law firms identifying themselves as working in the securities field that either contacted us or that we identified in court filings as participating in securities cases (the “Law Firm”). Each Law Firms may be referenced on a unique page on the website containing undetailed publicly available information (“Law Firm Public Profile”).
Brios Services LLC requires Law Firms register and/or set up a Law Firm Account to use certain portions of the Website, or the Website as a whole. Law Firms are able to use a portion of the Website to advertise and subscribe to different levels of free and paid memberships (“Law Firm Account”), to claim their Law Firm Public Profile, as well as to update and to provide detailed information on the attributed Law Firm Public Profile. By signing this Ads Agreement, you agree to the creation of a Law Firm Account, a temporary username and temporary password for your account and to claim the Law Firm Public Profile attributed to your Law Firm. To activate your Law Firm Account you may be required to provide your first name, last name, email address, choose a username and a password and/or provide other registration information (collectively, “Law Firm Registration Information”).
You agree and represent that all Law Firm Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Website. If any of your Law Firm Registration Information changes, you must update it by using the appropriate update mechanism on the Website, if available. We reserve the right to require you to change your login identification code, username or password.
By agreeing to register and/or set up an account on the Website, you will be solely responsible for maintaining the confidentiality of your Law Firm Registration Information. You may not authorize others to use your Law Firm Registration Information. You may not sub-license, transfer, sell or assign your Law Firm Registration Information and/or this Ads Agreement to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of this Ads Agreement. You agree to be bound by Website rules for the proper use of the Ads Platform.
You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Law Firm Registration Information, with or without authorization, or who has access to any computer on which your account resides or is accessible.
You are solely responsible for the information provided in the Law Firm Public Profile and you agree and represent that: (1) all information provided by you is accurate and up-to-date; (2) you will maintain and update said information; (3) you will not impersonate, imitate or pretend to be someone you are not (including, but not limited to, another Law Firm); (4) notify us of any error you made, including but not limited to providing inaccurate information.
If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Law Firm Registration Information or any credit, debit or charge card number stored on the Website), you must promptly change the affected Law Firm Registration Information by using the appropriate update mechanism on the Website on the left dashboard, and/or contact us.
3. The Ads Platform
Using your Law Firm Account, you can access the Ads Platform. The Ads Plaform allows you to subscribe to the Membership Services and participate in the Ads Services.
You are responsible for (i) all ads and content therefor submitted by or on your behalf through the Ad Services and Membership Services or otherwise to Brios, including the text, images, branding, videos, URLs, tags, and pixels that comprise the ads and content thereof (the “Ads”), (ii) all content and property to which Ads direct viewers, as well as redirects and (iv) all services and products advertised on such redirects.
Your Ads and use of the Ad Services must comply with all applicable laws, self-regulatory rules, ethical rules and governmental requirements (collectively, “Applicable Law”) and may constitute attorney advertising in certain jurisdictions.
We may, in our sole discretion, modify, or terminate any part or all of the Ads Services or suspend your ability to use the Ad Services. We may reject Ads, modify or terminate the Ad Services and the ability to participate in auctions for Ads on the Ad Services. Brios and its affiliates retain the complete and unqualified right to serve advertisements for its own products and services and to participate in auctions through the Ad Services to serve such advertisements.
The size, price, placement and positioning of your Ads is conducted in accordance with Section 5 below. You are responsible for any activity conducted through your account, including any purchases made or charges incurred.
4. Subscriptions & Memberships: The Membership Services.
a. Access and Services
Membership selection and associated price define your use of the Membership Services (and various services available on this Website, see subsection b). Subscribing to a level of membership allows you to claim, access and update your Law Firm Public Profile in accordance with the level of membership you selected. You may select, change or discontinue your account and the level of membership at any time. We reserve the right to modify, suspend or terminate access to the Ads Services on the Website for any reason without notice or refund. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our systems. We reserve the right to upgrade and make substantial changes to the Membership Services.
b. Subscription Services & Memberships
We offer one level of free membership and two levels of paid memberships. We reserve the right to change, modify or cancel any level of membership. If you select a paid membership service, we will charge you a standard monthly fee for using our system depending on the type of service you have selected. If you downgrade your account, your current selected level of membership will continue until the end of your prepaid period and your membership will downgrade at the end. If you upgrade your account: (i) your membership will immediately upgrade, (ii) your previous payment will be credited towards days of upgraded level of membership on a pro-rata basis and (iii) your billing date will be updated to the end of said prorated period.
You should review the complete and current price list before signing up for any services, available at https://thebrios.com/law-firm-plans/. Generally, the Membership Services are as follows:
i. Free
- The Free level of membership includes the ability to:
- Claim your profile
- Add your logo
- Add Contact Info (email, phone number, website)
- Sponsor investigations and cases through our Direct Advertising Platform.
- Add a Contact Form on Profile (terms apply, see Section 6)
- Inquire about new Investigations and cases
ii. Basic
- The Basic level of membership is a paid level that includes the Free features, plus the ability to:
- Add a Cover Photo
- Show sponsored cases/investigations on your profile
- Show potential clients your data: Offices, Areas of Focus, Total Recoveries and more.
iii. Premium
- The Premium level of membership is a paid level that includes the Free features, the Basic features, plus the ability to:
- Add a Video to your profile
- Add the Top 5 Cases
- Add your Top Team Members
- Add Quotations & Awards
- Add a Law Firm Resume file for shareholders to download
- Get one (1) Regular Ad package of five (5) free direct advertising days on the investigation or case of your choice per month (see Section 4. Ads Services).
5. Ads Services
We offer two types of direct ads on the Website: regular and premium. Both are placed within a designated area of each post, investigation or current case on the Website (the “Placement”). We reserve the right to move, update, change or modify the Placement at our discretion.
Your use of the Ad Services must comply with Applicable Law and all applicable terms. You are responsible for use of the Ad Services through your account. You should review the complete and current price list before purchasing any ad, available at https://thebrios.com/shop/. Generally, the Ads Services are as follows:
a. Premium Ads
Premium ads consist of one large spot within the Placement, on a first come first serve basis (“Premium Ad(s)”). There is only one Premium Ad per post, case, or investigation. Only one Law Firm Account may advertise on one Premium Ads. The Premium Ads may come at a fixed price or through an auction mechanism (additional terms will apply). We reserve the right to update, increase or decrease the price of Premium Ads.
b. Regular Ads
Regular ads consist of a smaller spot within the Placement shared with other Law Firms Accounts advertising on the post, investigation, or case (“Regular Ad(s)”). There is an unlimited inventory of Regular Ads per post, investigation, or case. Each Law Firm Account may only purchase one Regular Ad within the Placement. Regular Ads come at a fixed price. We reserve the right to update, increase or decrease the price of Regular Ads.
6. Payment, Automatic Renewal & Refund Policy
Payment: We will charge you periodically on the basis shown when selecting Ads Services and Membership Services. You agree to pay on the basis and at the rate shown when an order was submitted through your account (“Rate”), e.g., price per day whether fix or on auction, whether for Regular Ads or Premium Ads, and/or Membership Services. You also agree to pay all applicable taxes, government charges and foreign exchange fees. If applicable, Brios will periodically charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. Brios may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts. Brios is not responsible for click fraud, fraudulent leads, technological issues or other potentially invalid activity by third parties that may affect the cost of running Ads.
Automatic Renewal: through the use of our Membership Services, you agree to the automatic renewal of the Membership Services at the Rate selected. By selecting the free membership, you agree to cancel automatic renewal of any paid membership.
Cancellation and Refunds: Ads Services are non-refundable. Contact us for more information.
7. Terms for Contact Forms
Brios offers contact forms on Law Firms profiles that allow Brios users to submit their contact and other information to Law Firms Accounts (“Contact Forms”). If a Brios user chooses to contact you, you will receive an email at the email address associated with your account, provided in the Law Firm Registration Information. The email will be sent from no-reply@thebrios.com.
Any attorney-client relationship formed as a result of interactions between you and a user on this Website is between the user and you, the Law Firm — neither between Brios Services LLC and the user, nor between you and Brios Services LLC.
If you use Contact Forms, you must give any notice, obtain any consent and provide any choice required by Applicable Law and ethical rules regarding any use of Contact Form data collected. Other than for housing, credit or employment purposes, you may use said data for your own lawful purposes agreed to by the individual. Brios keeps a copy of the data collected, contact us if you have any question related to the deletion of the data at info.client@thebrios.com.
Subject to the privacy policy Brios in the Contact Forms, the privacy expectations of the applicable individual, Applicable Law and these terms, as well as the scope of any consents obtained through the Contact Forms, you may not: (i) sell Contact Forms data under any circumstances or (ii) use Contact Forms data in any unlawful manner. If any individual requests to opt-out or have his or her Contact Forms data deleted, you will honor such request promptly.
8. Intellectual Property Rights and Privacy.
You grant us a license to your ads to perform the Ad Services. We may use feedback and testimonials you choose to provide.
Each party will comply with Applicable Law relating to its performance of this Ads Agreement, including privacy and security laws (e.g., the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as well as the Data Processing Agreement where and as applicable). As provided in Brios’ Privacy Policy, we may use device identifiers obtained on and off our Services for our Ad Services, including to determine which devices our members may use and to serve Ads to them on their different devices.
Without limiting the prohibitions in the Privacy Policy, you will not, and you will not enable or authorize any third party to, (a) except with the explicit opt-in consent of the applicable individual, associate any data obtained in connection with the Ad Services (“Ad Services Data”) with data that is personally identifiable (as defined by Applicable Law) (“Personal Data”) or otherwise re-identify such data, or (b) target Ads based on sensitive data (as defined by Applicable Law) (“Sensitive Data”).
Except as expressly provided in the Contact Forms section with respect to Contact Forms data, you may use Ad Services Data only on an aggregate and anonymous basis to assess the performance and effectiveness of your campaigns using the Ad Services and to optimize your campaigns. Ad Services Data includes Form Data and data collected through pixels included with your Ads. You agree to use reasonable measures to protect the confidentiality of Ad Services Data and to use appropriate security safeguards to protect Ad Services Data in accordance with industry standards. You may share Ad Services Data only with someone acting on your behalf, such as your service provider, provided that you are responsible for ensuring their respective compliance with this Ads Agreement and for limiting their respective use of the Ad Services Data on your behalf. Without limiting the foregoing, you shall not: (i) sell the Ad Services Data, (ii) combine the Ad Services Data with any data obtained by or on behalf of another advertiser or (iii)except for use solely on your own behalf in compliance with this Ads Agreement, transfer any Ad Services Data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.
9. Disclaimer of Warranties.
This is our disclaimer of legal liability for the use of the Ad Services. To the extent allowed under law, Brios disclaims all warranties regarding the accuracy of the rate at which inventory for your Ads becomes available on the Website, the nature and content of the Placement on which Ads are served and the results of the uses of the Ads Platform.
10. Attorney Advertising.
You assume all responsibility for compliance with any attorney advertising rules or regulations in the relevant jurisdiction(s). Brios is not responsible for any violation of any such rules or regulations, or filing of any advertisements with any bar association or other entity, or any associated fees.
We have added “Attorney Advertising” notices throughout the Website. Contact us if you would like to know more about it.
11. No Exclusivity.
Advertiser expressly acknowledges that Brios may represent other advertisers and/or agencies and may secure the Placement and exhibition of advertising, in a similar capacity to that contemplated hereunder, and nothing contained herein shall be construed to limit Brios’ right to do so.
12. Indemnity.
This is your indemnification obligation. Notwithstanding any review or approval of all Ads by Brios, you agree to indemnify Brios and our affiliates and hold Brios and our affiliates harmless from any damages, losses and costs (including, reasonable attorneys’ fees) related to third party claims or proceedings, arising out of or related to your Ads, Placement, use of the Ad Services and Ads Platform and breach of this Agreement.
13. Limitation of Liability.
These are the limits of legal liability each of us may have to the other.
To the fullest extent permitted by law, neither party, including its respective affiliated companies, will be liable to the other in connection with this Ads Agreement for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
These limitations of liability do not apply to a party’s (i) payment, confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party’s intellectual property rights.
14. Miscellaneous.
Here are some important details about this Agreement, including changes to the terms, surviving terms, the contracting Brios entity and dispute resolution.
This Agreement does not create a partnership, agency relationship, employer relationship or joint venture between the parties.
Brios may change the terms of this Ads Agreement by notice to you (for example, by a notice displayed in the Ads Platform or by email), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Ad Services. Provisions of this Ads Agreement may survive its termination.