Terms of Service for BrownCafe.com, BrownCafe.net and BrownCafe.org

BrownCafe.com cannot take the place of a personal relationship with your doctor, lawyer, union representative, therapist or other professional advisor. Please review questions and information with them.

The people here are your peers, not trained professionals. Information posted here is individual personal experience only, not medical or legal advice. If you are in danger, call your doctor or therapist, local crisis line, 911, or a family member. Administrators, Moderators, and visitors/posters are not qualified to diagnose or give any type of medical, legal, financial or other advice when it comes to your personal situation.

Discussion can be animated, which is fine, but we do not welcome personal attacks, on- or off-site. It is inappropriate to say anything on a discussion forum about any individual or entity that you would not be prepared to say to them face-to-face.

It is fine to disagree with a different viewpoint, but please limit this to challenging the idea and not make your comments a personal challenge or make derogatory personal comments about individuals, their ideas or their situation. The latter is considered to be a flame and will not be tolerated.

This Agreement (the "Agreement") governs YOUR access and use of this sight, bulletin boards and service (the "Service"). In consideration for YOUR right to access and use the Service, YOU agree as follows:

I agree that the terms “YOU” and “YOUR” that are used herein shall refer to me, to my agents, servants, representatives, attorneys, and assigns, as well as to any person who gains access to my computer with or without my permission or knowledge.

1. ACCEPTANCE OF TERMS. By using or attempting to use the service provided by viewing each and every website page contained in the remainder of this site, which may be changed from time to time without further notice to YOU, or by clicking the hypertext or hyperlink entitled "I Agree" or upon loading any page other than the initial index (“Home”) page or this TERMS OF SERVICE, page or pages, YOU agree to be bound by the terms of this Agreement and any additions, deletions, or modifications made to this Agreement in accordance with Section 18 below.

2. THIS BOARD'S SERVICE. The board Service is an online application, enabling individuals to join and participate in customized and personalized discussion groups. YOU understand and agree that the Service is provided "AS-IS" and that this sight assumes no responsibility for, among other things, (1) any service outages or interruptions (2) the unavailability of particular boards, features or services, (3) the inability to access the Service, (4) the failure or inability to post materials to the Service, (4) the deletion of materials posted to the Service or (5) the failure to store materials posted to the service.

3. CONTENT ACCESSIBLE ON THE SERVICE. This web site and the service provided thereby consist of a very large number and variety and forms of expressive thought, including but not limited to information, other data, personal and general messages, pictures, cartoons, drawings, animations audio files, video files, creative, expressive and non-expressive works and other materials, each of which shall collectively be referred to as the (the "Content") of this web site and of this service. With the exception of the TERMS OF SERVICE, the Home page, superstructure of the web site itself, and editorial comments (the “Edits”) are placed on the web site directly by the people who visit the web site and who post such Content on it. Said Content is not reviewed, revised, edited, redacted, or changed in any way, except as otherwise provided herein. Therefore, no warrant is made by the owners or providers of this forum as to the truth, accuracy, value, legality, illegality, appropriateness, or advisability of said Content. Since no review is done by the owners of this web site and this service, YOU agree that said owners, administrators, service providers, hosts and hosting services, server providers, space providers, internet access providers and all of their representatives, attorneys, agents and servants are not responsible for Content. The only people who are responsible for Content are the actual natural persons who post Content. Because the owners of the web site and service providers are not responsible for Content, YOU further agree to hold them and each of them harmless, and to indemnify and defend them with respect to any dispute or complaint regarding Content.

Because YOU understand and agree that all Content posted on the service is the exclusive responsibility of the person who posted or uploaded it, YOU will be solely responsible for each, every and all of the Content that YOU upload, post, email or otherwise submit or transmit to or via the service. Since YOU acknowledge that the owners and service providers are not responsible for, do not control, do not endorse and do not verify the Content posted to the service or which may be available from or through the service, and that said owners and service providers make no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content, YOU therefore agree that YOU will stand in the owners and service providers stead in the event Content posted, uploaded, emailed or otherwise submitted or transmitted to or through the service by YOU, with respect to all claims directed to or against said owners and service providers. YOU further agree that you will bear the sole cost associated with such indemnity and defense. YOU agree that YOU will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content.

Under no circumstances shall BrownCafe or this web site be liable in any way to YOU for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted to or through this service. YOUR agreement to this Section 3 is a condition precedent to your using this service either by (1) reading or viewing Content, or (2) posting or providing Content to or through the service.

Since YOU acknowledge that the owners and administrators and service providers who make this web site and service available do not pre-screen Content, YOU further agree that there might be some Content which, by its very nature, is illegal in some places, illegal in all places, inappropriate or defamatory or injurious of the rights of other people (“Bad Content”). Since YOU agree that Bad Content is not necessarily protected speech or expression, it is subject to reasonable time, place and manner restrictions by the government or governments of competent jurisdiction. Therefore, in the event a complaint is proffered to the web site by or through a governmental entity or by any other person or entity who can make a prima facie showing that the suspected Content is indeed Bad Content, then YOU agree that the owners, administrators, or service providers may determine, in their sole discretion, to edit, redact, reduce, remove, or retract any and all Content YOU have posted or provided. YOU specifically grant to the owners, administrators, and service providers the right to remove what they determine, in their sole discretion to be Bad Content in exchange for and in consideration of the right to read, view, and otherwise further visit this web site. YOU further agree that, in the event the owners, administrators, or service providers determine that YOU have posted or provided Bad Content, that YOUR permission to access this web site or service may be suspended or terminated without further notice, with no right of review or appeal whatsoever. YOU agree to this because you agree that this web sight and service shall have the right (but not the obligation) to access the web site Content, to remove or restrict access to any Content on the web site, in its sole discretion and without further notice or compensation to YOU. YOU further acknowledge and agree that this web site or service may preserve or disclose any Content if it believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the web site, the service, the service providers, the owners, their representatives, attorneys, assigns, or the web site or service users, or to protect the public.

4. CONTENT LICENSE GRANTED TO BROWNCAFE.COM. YOU grant to the BrownCafe.com the world-wide, royalty free, and non-exclusive license to reproduce, edit, redact, reduce, modify, adapt, distribute, and publish any Content YOU post, upload, provide, or contribute to the web site or to or through the service, for the purposes of displaying such information on any or all of BrownCafe.com web sites and for the promotion and marketing of its services. However, BrownCafe.com will not resell these rights to any third party without first notifying you of its intent to do so. Copyright to all Content is retained by the creator of said Content.

5. USER CONDUCT. YOU agree not to use the web site or the service to: (a) violate or solicit the violation of any local, state, national or international law; (b) infringe the rights of any third party, including but not limited to intellectual property rights and privacy or publicity rights; (c) upload, post, email or otherwise transmit to or through the service any Content that (1) is unlawful, threatening, abusive, tortious, defamatory, obscene, or invasive of another person's privacy; (2) consists of instructional information on illegal activities, including, but not limited to, hacking, cracking, and phreaking; (3) violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyrighted software, music, photographs, text, videos or artwork; (4) constitutes unprotected speech or expression, child pornography, or sexual material of an obscene nature or that violates local, state or national laws; (5) is the private information of another, including but not limited to such information as any person’s addresses, phone or pager numbers, confidential email addresses, Social Security number, or credit card numbers; (6) contains software viruses, trojan horses or any other computer code, files or programs which are designed to or which intentionally do interrupt, destroy or limit the functionality of any computer or computer software or other hardware or telecommunications equipment; or (7) YOU do not have a right to upload or post due to a contractual or other legal duty or obligation to do so;(d) impersonate any person or entity, including, but not limited to, a website or service owner, administrator, official, forum leader, guide or host, or falsely state or otherwise misrepresent YOUR affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (f) interfere with or disrupt the service, computer servers or boards accessible through the Service; (g) collect or store personal data about other users; (h) disseminate off-topic messages on boards promoting any product, service, web site, board or venture, or promote boards on the service through unsolicited electronic mail messages to third parties.

If YOU do use the service to commit or do any of the above, the owners or administrators or their agents, employees, attorneys, or representatives may, at their sole discretion, terminate YOUR password, YOUR account (or any part of it) YOUR ability to use the service or visit the web site, and remove and they may also discard any of YOUR Content within the service. In addition, the service will coÖperate with all applicable law enforcement agencies to stop, abate, or otherwise curtail obscenity, child pornography, or any other illegal or unprotected expression or conduct.

6. ADDRESS PROVIDED TO SERVICE. YOU understand and agree that YOU have no privacy right to YOUR email address, to which YOU hereby grant the right of disclosure for sale or rent to BrownCafe.com, in perpetuity, for and in consideration of the mutual promises contained herein, and in exchange for YOUR being allowed to use this service today. Furthermore, in the event YOU are found to have provided, posted, uploaded, or proffered illegal material, including but not limited to Bad Content, YOUR identity, including but not limited to YOUR email address will be disclosed, upon formal request for such disclosure, to government entities and law enforcement agencies charged with the duty to protect the general public.

7. LIMITATIONS, CONDITIONS AND RULES REGARDING SERVICE. YOU agree that the owners or service providers may establish, in their sole discretion, any and all limitations, conditions or rules concerning use of the service, including, by way of example only, the maximum number of messages YOU may post to a given board or the service in a given day, the number of days that posted messages will be available, or the maximum size of a given post, as they feel appropriate from time to time. YOU acknowledge that the owners and service providers have the right to change these general practices and limits at any time, in its sole discretion, without further notice to YOU.

8. MODIFICATION AND TERMINATION OF SERVICE. The owners and service providers reserve the right, at any time and from time to time, to modify or discontinue, either temporarily or permanently, the service, or any part of it without any further notice to YOU. YOU agree that the owners or service providers shall not be liable to YOU or to any third party for any such modification, suspension or discontinuance of the service. YOU agree that the owners and service providers, through their administrators or moderators may in their sole discretion, terminate YOUR password, YOUR account (or any part of it) or YOUR ability to use the service, and to remove and discard any Content within the service, for any reason or for no reason whatsoever, including, but not limited to, lack of use, or violation of the terms of this Agreement. YOU agree that any termination of YOUR access to the service may be immediate and without prior notice to YOU. YOU further agree that the owners and service providers shall not be liable to YOU or to any third party for any termination of YOUR use or ability to access the service. Specific reasons for such limitation or termination include, but are not limited to the following: (a) circumventing any banner display. Subscribers to our "no-ad banner option" are exempt from this requirement. All web site member boards must have a link to this web site or to its related directories; (b) using, in the registration of YOUR membership, an email account that is not YOUR own or that is or subsequently becomes inactive; (c) reproducing, distributing, republishing or retransmitting material posted by other web site or service members without the prior permission of such members.

The owners and service providers reserve the right to take any action they deem reasonably necessary and appropriate with respect to YOUR account, if they believe not doing so might jeopardize the web site, or might cause the website or service providers to lose the services of the internet service providers or suppliers.

9. OTHER WEB SITES AND RESOURCES. Third parties using the service may provide links or access to other web sites and resources. Because the owners and service providers have no control over such sites and resources, YOU acknowledge and agree that the owners and service providers are not responsible for the availability of such sites or resources. YOU also acknowledge that the owners and service providers do not endorse, and are not responsible or liable for any content, advertising, products, or other materials on or available from or through such sites or resources. YOU further acknowledge and agree that the owners and service providers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. NO RESALE, REDISTRIBUTION OR REPURPOSING OF SERVICE OR CONTENT. YOU agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Service, access to the service or any of the Content accessible through the Service, other than Content as to which YOU hold the intellectual property rights.

11. DISCLAIMER OF WARRANTIES. YOU expressly agree that the owners and service providers to not in any way, impliedly or expressly warrant any part of the web site, service, or the Content. YOUR use of the web site and the service is at YOUR own risk. The service is provided on an “AS-IS”, “AS-AVAILABLE” basis only.

YOU agree that the service does not warrant that it will meet your requirements, will be timely, useful, error-free, or that the information obtained from or through the service or the web site is of any value whatsoever. YOU agree that you do not expect that the web site or the service provided will have any utility or value to YOU or to anyone else.

12. LIMITATION OF LIABILITY. YOU expressly agree that the owners and the service providers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages due to loss of date, loss of goodwill, loss of use of hardware or software, use or misuse or inability to use or access the web site or the service. All such damages are expressly waived hereby.

13. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.

14. INDEMNITY. In addition to the other provisions of section 3 above, YOU further agree to indemnify and hold BrownCafe.com, BrownCafe.net, BrownCafe.org, their subsidiaries, affiliates, officers, agents, attorneys, employees, hosts and hosting providers, contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from or out of any Content which YOU submit, post, to or transmit through the service, YOUR use of the service, YOUR connection to or with or through the service, YOUR violation of the law, this Agreement or the rights of another.

15. NOTICES. Notices to YOU may be made via either email or regular mail. BrownCafe.com may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to YOU generally on the web site or on the service. Such modifications shall take effect within one day of their posting, or by YOUR clicking to an interior page of the web site or service after any such modification has been posted, whichever first occurs.

16. MEDIATION and ARBITRATION CLAUSE. Before any lawsuit may be brought by any person based on the web site or by the use of the service, the dispute must first be submitted to MEDIATION through mutually agreed upon mediation service volunteer mediator. Said mediation may be held in person or may be via telephone conferencing, so long as each of the participants can hear each of the other participants. If, after a good faith effort, the parties hereto cannot agree, then the dispute shall be submitted to non-binding arbitration through the Los Angeles County Bar Association. After both the mediation and arbitration requirements have been met, any party hereto may then, and only then, seek to have the matter resolved through the court system as described in this paragraph. In any event, the amount in dispute shall be limited to the maximum limits of the Small Claims Division of court; each Party hereto agrees and stipulates to waive all amounts in excess of said Small Claims Division jurisdictional limit. No action may be brought more than six months after the alleged injury, damage, or loss has occurred. Failure to file any claim hereunder within said six month period shall permanently bar the claim. The six month period is not tolled by a demand for mediation, but is tolled by a subsequent demand for non-binding arbitration. The costs and fees for mediation and arbitration shall be borne by the Parties, each as to his or her own.

17. MODIFICATION. This Agreement may be modified at any time without further notice to YOU.

18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between YOU, the owners, service providers, hosts and hosting services, computer servers, and BrownCafe.com with respect to the web site and service, and supersedes all prior agreements and understandings between YOU and all other Parties hereto. The failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the Parties, and the remainder of the provisions will remain in full force and effect.

Paragraphs 12, 13, 14, 15 and 17 of this Agreement shall survive any termination of the Agreement.

19. COPY OF AGREEMENT. If YOU are a California resident, YOU may have a copy of this Agreement emailed to YOU by sending a letter requesting a copy to: BrownCafe@despammed.com with YOUR email address and a request for a copy of the Agreement. YOU are not entitled to any copy of a prior agreement 30 days after said Agreement has been modified pursuant to the provisions contained herein.

20. ACCEPTANCE. By clicking the "I Agree" button OR LOADING ANY OTHER BROWNCAFE.COM PAGE YOU agree, stipulate, and affirm each and every provision hereof, including the substantial limitation of YOUR rights contained in paragraph 16, entitled MEDIATION and ARBITRATION CLAUSE. Do not click or proceed unless you understand that you are giving up those valuable rights. These rights include your right to have your case heard in a court of law and your right to a jury trial.

Brown Cafe offers message or communication facilities designed to enable you to communicate with others . You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to Brown Cafe. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

*Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
*Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
*Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
*Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their occupation or their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
*Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
*Use any material or information, including images or photographs, which is made available through the BrownCafe Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
*Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
*Use of meta tag searches on the web sites.
*Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
*Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
*Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
*Restrict or inhibit any other user from using and enjoying the Communication Services.
*Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
*Harvest or otherwise collect information about others, including e-mail addresses.
*Violate any applicable laws or regulations.
*Create a false identity for the purpose of misleading others.
*Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of Brown Cafe or other user or usage information or any portion thereof.

Brown Cafe has no obligation to monitor the Communication Services. However, Brown Cafe reserves the right to review materials posted to this board and to remove any materials in its sole discretion. Brown Cafe reserves the right to terminate your access to any or all of the Brown Cafe Board any time, without notice, for any reason whatsoever.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE BROWNCAFE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE BROWNCAFE AND TO THE INFORMATION THEREIN. BROWNCAFE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE BROWNCAFE SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE BROWNCAFE SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BROWNCAFE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE BROWNCAFE/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BROWNCAFE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT BROWNCAFE SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE BROWNCAFE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT BROWNCAFE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT BROWNCAFE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN BROWNCAFE SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL BROWNCAFE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE BROWNCAFE/SERVICES, WITH THE DELAY OR INABILITY TO USE THE BROWNCAFE SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE BROWNCAFE/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE BROWNCAFE/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BROWNCAFE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE BROWNCAFE SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BROWNCAFE/SERVICES.