Terms of Service

Bray’s Run Productions LLC 

Terms of Use Agreement

Date last revised: February 2022

Effective Date: February 2022

Please take the time to read our Terms of Use Agreement (“Agreement”). By using Bray’s Run’s websites or mobile applications, you agree to the following terms. This Agreement is a contract between you (“User(s)” or “You”) and Bray’s Run Productions LLC, a Washington State limited liability corporation (“Bray’s Run,” the “Company”).

 

For information on customer data, privacy, and security, please see our Privacy Policy (“Privacy Policy”) located on our website at www.saunachannel.com 

 

  1. Contractual Relationship.

    The terms of this Agreement apply to your use of The Sauna Channel website, products and services (the “Website”) made available by Bray’s Run Productions LLC and its affiliates, representatives, officers, directors. By accessing or using the Services, you confirm your agreement to be bound by this Agreement. If you do not agree to this Agreement, you may not access or use the Services. This Agreement supersedes prior agreements or arrangements. In rejecting the terms of this Agreement, Bray’s Run may immediately terminate any Services with respect to you, or generally, cease offering Services or deny access to the Services or any portion thereof, at any time for any reason.

    Any personal data you submit to the Website or which we collect about you is governed by our Privacy Policy.  You acknowledge that by using the Website you have reviewed the Privacy Policy and agreed to its terms. 

    Your use of the Website constitutes your acceptance of and agreement to all of the terms and conditions in this Agreement, the Privacy Policy, and any future amendments and additions to this Agreement as we may publish from time to time. The Privacy Policy is incorporated by reference into this Agreement and together form and are hereinafter also referred to as this “Agreement.” 

    Bray’s Run also reserves the right to change or modify this Agreement from time to time without any notice to you. Amendments will be effective upon Bray’s Run's posting of such updated modifications. Your continued access or use of the Services after such posting confirms your consent to be bound by this Agreement, as amended. 

    BY AGREEING TO THESE TERMS WHETHER BY ACCEPTING THEM DURING THE ACCOUNT SIGN-UP PROCESS OR BY USING THE WEBSITE WITHOUT AN ACCOUNT, YOU ACCEPT THIS AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND DO NOT ACCEPT THEM, YOU DO NOT HAVE THE RIGHT TO USE THE WEBSITE.

    Please contact our customer service department with any questions or comments about this Agreement:

    Customer service: info@braysrunproductions.com
     

  2. The Services.

    Brays Run’s services comprise the Website and related services which include enabling Users to view media, participate in User forums, feature produced media, pitch media projects, and purchase products through third-party providers of such services and goods under agreement with Bray’s Run or certain Bray’s Run affiliates ( collectively “Services”). 
     

  3. Access to and Use of the Services.

    In order to access and use Bray’s Run’s Services, you must provide personal information required to create an account or User profile, be at least 18 years of age and otherwise capable of entering into binding contracts, and you have the right and authority and capacity to enter into this Agreement and to abide by its terms and conditions.  

    Account registration requires you to submit to Bray’s Run certain personal information (“Personal Information”) such as name, mobile phone number, and email address. In registering an account on the Website you agree to provide true, accurate, current, and complete information about yourself as prompted by any registration forms.  

    Account registration also requires you to select a confidential password to protect Account. Failure to maintain accuracy and up-to-date information in your Account may result in your inability to access or use the Services (as defined below).  Users may create only one Account. Users may not authorize third parties to use or access their Account. You may not assign or transfer your Account to a third party. Users are solely responsible for maintaining the confidentiality of their Account and are responsible for all activities that occur under your password and Account. Should you suspect that any unauthorized party is accessing your Account or any other breach of security, you agree to notify Bray’s Run immediately.
     

  4. License and License Restrictions.

    Subject to your compliance with these Terms, Bray’s Run grants you a personal, limited, non-sublicensable, non-transferrable, and revocable license to access the Website on compatible devices that you own or control, solely for your own personal, non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Website. Bray’s Run may revoke this license at any time, in its sole discretion. 

    You may not modify, alter, reproduce, reverse engineer, distribute, or make the Website available over a network where it could be used by multiple devices simultaneously.  You may not rent, lease, lend, sell, redistribute or sublicense the Website. If you breach these license restrictions, or otherwise exceed the scope of the license granted under these Terms, you may be subject to prosecution and legal damages, as well as liability for infringement of intellectual property rights. 
     

  5. Transactions.
     

    1. Payment.

      Payment for any goods or services purchased through an affiliate marketing link shall be subject to the terms and conditions of those affiliate partnerships.  Your credit card provider agreement governs your use of the designated credit card, and the terms and conditions on the website of the Payment Provider governs your use of its website, and you must refer to the respective agreement or terms and conditions to determine your rights and liabilities.  
       

    2. Disputes.

      To dispute an order purchased through an affiliate marketing link, the User must notify said affiliate in writing within seven (7) days after receiving your credit card statement and abide by the terms and conditions of the respective affiliate service provider.  If you fail to dispute any of our charges on that statement within the seven (7) day timeframe, such dispute may be deemed waived.  
       

  6. Termination and Suspension. 

    Bray’s Run may terminate or limit your right to use the Website in the event that Bray’s Run is investigating or believes that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation shall take effect immediately upon notice to the User. Upon termination of the User Account, User shall be prohibited from creating a new Account under your name or under a fake name or in the name of any third party.  Termination of User Account does not negate the enforceability of this Agreement. 
     

  7. Intellectual Property Rights.

    All Bray’s Run trademarks, copyrights, trade names, patents, trade secrets or other intellectual property, whether or not registered, are proprietary to Bray’s Run and the Company retains all rights to them. 

    All text, photographs, graphics, logos, typeface, designs, sounds, videos, images, trademarks, designs, and editorial content (collectively “Proprietary Material”) that Users see or interface with on the Website are licensed to or owned solely by Bray’s Run. Brays Run’s Proprietary Material shall be protected in all forms of media and technologies, known, unknown, and hereinafter developed. Bray’s Run shall be considered the author of all Proprietary Material as defined in the United States Copyright Act.  Users may not copy, download, recreate, reconfigure, redesign, reverse engineer, reprint, retransmit or use anything from the Website without Bray’s Run’s express written permission. 

    All service marks and trademarks of Bray’s Run and Bray’s Run logos, whether registered or not, belong exclusively to and are owned by Bray’s Run.  Any other third-party trademarks, service marks, or logos that appear on the Website belong to their respective owners. Users may not copy or use any of these marks, logos, or trade names with the written consent of the mark owner. 
     

  8. Limitation of Liabilities. 

    You acknowledge and agree that Bray’s Run is only willing to provide the Website if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Bray’s Run and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Website, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User or Service Provider (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User or Service Provider, any instruction, advice, act, or service provided by Bray’s Run and Affiliates. 

    UNDER NO CIRCUMSTANCES WILL BRAY’S RUN AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST ITEMS, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BRAY’S RUN, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BRAY’S RUN WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. 

    BRAY’S RUN AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS WEBSITE. BRAY’S RUN AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE BRAY’S RUN WEBSITE.
     

  9. Dispute Resolution and Arbitration. 

    IMPORTANT: PLEASE CAREFULLY READ THROUGH THE ARBITRATION AGREEMENT BELOW, AS IT MANDATES THAT DISPUTES BETWEEN YOU AND BRAY’S RUN WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN LITIGATION.
     

    1. Arbitration Guidelines.  

      By entering into these Terms, you and Bray’s Run agree that both you and Bray’s Run are required to settle any disputes relating to (a) this Terms of Use Agreement, the existence, breach of contract, termination of Account, enforcement of Terms, interpretation or validity thereof, the Website, Services, your relationship with Bray’s Run, payments made by you or (b) Users’ access and use of the Bray’s Run Service on or before the date User agreed to these terms, on an individual basis in arbitration outside a court of law, as described by this Arbitration Agreement.  This agreement precludes you from acting as a plaintiff or class member in any current or future case against Bray’s Run. It will also preclude User from bringing any collective, consolidated or representative action against Bray’s Run. 

      However, you and Bray’s Run each retain the right to file an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. 

      YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND BRAY’S RUN ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

      This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and the rules of the American Arbitration Association (AAA), which can be found on the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. This Arbitration Agreement survives through the termination of this Agreement or the end of your relationship with Bray’s Run.
       

    2. Arbitration Procedure.

      The Arbitration Procedure is commenced only upon the delivery of a written Demand for Arbitration by the User to Bray’s Run, as specified by the AAA rules. The arbitration will be held in King County, in the State of Washington or another location agreed upon by you and Bray’s Run. If the value of the claim is less than 10,000 USD, either you or Bray’s Run may opt to proceed with the arbitration on the telephone or in written correspondence. Other claims may require in-person hearings, subject to the arbitrator’s discretion. In accordance with the AAA’s rules, fundamental fairness may be met by holding meetings on the telephone or by other electronic means, unless otherwise directed by the arbitrator. If your claim is greater than 10,000 USD, your right to a hearing will be determined by AAA rules.
       

    3. Arbitrator.  

      You and Bray’s Run agree that you rights in the event of a claim will be decided by a neutral arbitrator rather than a jury or judge. The Arbitrator, not a federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to this Arbitration Agreement. In accordance with the Federal Arbitration Act and the American Arbitration Association, the arbitrator may either be (a) a retired judge or (b) or a lawyer licensed to practice in the state of Washington and authorized by the AAA to conduct arbitration procedures. Both User and Bray’s Run have equal right to choose the arbitrator from the AAA’s list of authorized consumer dispute arbitrators. If User and Bray’s Run cannot agree on an arbitrator within seven (7) days of the delivery of the Demand for Arbitration, an arbitrator will be chosen by the AAA in accordance with AAA rules.
       

    4. Arbitration Awards.  

      The Arbitrator will decide upon the substance of the award in compliance with all applicable laws and on the timeframe determined by AAA rules. The arbitrator’s award is final and binding on both you and Bray’s Run. Judgment on the award may be brought to a court of competent jurisdiction to do so. Bray’s Run hereby waives all right to recover costs associated with arbitration if Bray’s Run wins in arbitration.

      During the arbitration, the amount of any settlement offer made by User or Bray’s Run must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
       

    5. Fees.  

      The costs of arbitration will be shouldered based on AAA rules. If User commences arbitration in accordance with these Terms, User will be required to pay $250 to initiate the arbitration. If the arbitrator finds the arbitration to be non-frivolous, Bray’s Run will pay all other fees including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

      If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, User agrees to reimburse Bray’s Run for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

      The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.  
       

    6. No Class or Representative Actions.  

      YOU AND BRAY’S RUN 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 OR REPRESENTATIVE PROCEEDING.  

      Further, unless both User and Bray’s Run agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  If any court or arbitrator determines that this “No Class or Representative Actions” section is void or unenforceable for any reason or that an arbitration can proceed on a class or representative basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
       

    7. Changes to this Arbitration Agreement.  

      Except for inconsequential changes that do not affect any rights or obligations herein, Bray’s Run will provide thirty (30) days' notice of any changes to this section by posting on the Website, sending User a message, or otherwise notifying you when you are logged into your Account. Amendments will become effective thirty (30) days after they are posted on the Website or sent to you, or otherwise notified when you are logged into your Account.  Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day.  If a court or arbitrator decides that this subsection on "Modifications" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute Resolution and Arbitration,” and the court or arbitrator shall apply the first Dispute Resolution and Arbitration section in existence after you began using the Website. You may otherwise reject the change by sending us written notice within thirty (30) days of the change to Bray’s Run’s address for Notice, in which case your account with Bray’s Run will be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, will survive.
       

    8. Notice Process.  

      A party who intends to seek arbitration must first send a written notice of the Dispute to the other, by certified mail or Federal Express (signature required), or if we do not have a physical address on file for you, by electronic mail (“Notice”).  

      Bray’s Run’s address for Notice is:  
      Bray’s Run Productions, LLC
      4915 25th Ave. NE Suite 204
      Seattle, WA 98105
      Attn: General Counsel

      The Notice must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought (“Demand”).  
       

  10. Disclaimer of Warranties and Conditions 
     

    1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF BRAY’S RUN WEBSITE IS AT YOUR SOLE RISK, AND ITEMS AVAILABLE ON BRAY’S RUN WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS.  BRAY’S RUN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.  

      1. ANY CONTENT  ACCESSED THROUGH BRAY’S RUN WEBSITE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS BRAY’S RUN WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

      2. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS.  BRAY’S RUN MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

      3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRAY’S RUN OR THROUGH BRAY’S RUN WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
         

    2. BRAY’S RUN  MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) BRAY’S RUN WEBSITE WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF BRAY’S RUN WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF BRAY’S RUN WEBSITE WILL BE ACCURATE OR RELIABLE.
       

  11. Severability.

    In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
     

  12. No Joint-Venture. 

    No agency, partnership, joint venture, employer-employee or franchise-franchisee relationship is intended or created by this Agreement. 
     

  13. Force Majeure.

    Bray’s Run cannot be held accountable for delayed or canceled service in an event entirely out of our control, including but not limited to fires, floods, landslides, storms, earthquakes, civil disturbances, cybersecurity issues, computer bugs, telecommunication disruptions, governmental action, or an act of God.  In such an event, Bray’s Run will attempt to resume service as soon as safely possible.
     

  14. Changes to this Agreement and the Bray’s Run Website.  

    Bray’s Run reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Website or any content or information through the Website at any time, effective with or without prior notice and without any liability to Bray’s Run. Bray’s Run will endeavor to notify you of material changes by email, but will not be liable for any failure to do so.  If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Website.  Your continued use of the Website following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Bray’s Run may also impose limits on certain features or restrict your access to part or all of the Website without notice or liability.  
     

  15. No Rights of Third Parties.

    None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement. 
     

  16. Indemnity.

    By agreeing to these terms and using the Website, the User agrees to indemnify and hold harmless Bray’s Run and its officers, its employees, agents, and affiliates from any and all liabilities, claims, expenses (including attorney fees), losses, arising out of or in connection with your use of the Service or breach of these terms.
     

  17. Governing Law.  

    This Agreement and your use of the Bray’s Run Website will be governed by, and will be construed under, the laws of the State of Washington, without regard to its conflict of law principles.