Brite Revolution Terms And Conditions Of Use
Updated on October 1, 2013
Brite reserves the right, at any time and without notice, to modify or discontinue, temporarily or permanently, any of its Terms and Services. You will be notified about material modifications through the Service, after which, your continued use of the Services will be deemed an acknowledgement and binding acceptance of the modifications. Unless otherwise stated, such modifications will be effective immediately upon notice.
By visiting the BriteRevolution.com domain, or by otherwise using the Services, you agree to be bound by these Terms and any accompanying Agreements. The creation of a unique password-protected account is not required for the Agreements to be binding and effective.
In creating an account with Brite to use its Services (“User Account”), you warrant that you are at least 18 years of age, or at least 13 years of age with a parent or guardian’s consent to these Terms, and have the authority to enter into this binding agreement with Brite under applicable laws. You also warrant that any information provided by you to Brite will at all times be true, accurate and complete.
You agree to provide, and keep updated, the information requested in creating a User Account. You agree that you will not allow others to use your username, password and/or User Account, and that you are solely responsible for maintaining the confidentiality and security of your User Account. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your User Account by third parties, please notify Brite immediately and change your password as soon as possible.
If we make any changes to the ways that your User Account is managed, accessed or otherwise functions, your sole and exclusive remedy is to close your User Account.
Pricing and Purchases
All prices for products within the Services are subject to change by Brite at any time, without notice. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Brite reserves the right to change this policy at any time, without notice. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases.
Use Of Interactive Areas
The Services may contain discussion forums, bulletin boards, review services or other areas in which you or third parties may be able to post content, messages, materials or other items related to the Services (collectively, “Interactive Areas”). By participating in any Interactive Areas, you agree that you are solely responsible for your use of such Interactive Areas and that you use them at your own risk.
You expressly agree that you will not post, upload to, transmit, distribute, store, create or otherwise publish to the Interactive Areas any content that: (i) is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including “spamming”; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national, foreign, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any applicable rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ; (iii) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; (iv) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (v) contains unsolicited promotions, political campaigning, advertising or solicitations, private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like, viruses, corrupted data or other harmful, disruptive or destructive files; (vi) is unrelated to the topic of the Interactive Area(s) in which such content is posted; or (vii) is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, or which may expose Brite or its affiliates or its users to any harm or liability of any type.
Brite takes no responsibility and assumes no liability for any materials posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Brite liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Brite is not liable for any statements, representations or materials provided by its users in any public forum, personal home page or any Interactive Areas. Although Brite does not screen, edit or monitor any of the materials posted to or distributed through any of the Services or on any of the Interactive Areas, Brite reserves the right to remove, without notice, any materials posted or stored if it violates these Terms or is otherwise unlawful or illegal.
Any use of the Services or Interactive Areas in violation of the foregoing violates these Terms and the Agreements, and may result in, among other things, termination or suspension of your rights to use the Services, including the Interactive Areas.
Except as otherwise indicated, briterevolution.com and all text, images, marks, logos and other content contained herein, including, without limitation, the Brite logo and all designs, text, photos, graphics, pictures, artwork, information, data, code, software, music, sound files, video files, other files, and materials ("Brite Content"), and the selection and arrangement thereof (collectively, the "Website Content"), are the proprietary property of Brite or its licensors or suppliers and are protected by U.S. and international copyright laws. The Brite Content and all Website Content is © 2008 - 2013 Brite Revolution LLC. All Rights Reserved.
The unauthorized capturing, copying or downloading of Brite Content and/or Website Content is strictly prohibited.
Brite respects the intellectual property rights of others, and expects you to do the same. Please click here ([add Hyperlink]) to review Brite’s Copyright Policy, which is incorporated herein by reference.
Trademarks And Other Intellectual Property
BRITE, the Brite logo, and all other trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Services are the property of Brite and/or its affiliates, licensors and/or licensees. You may not copy, display or in any way use any of this intellectual property without prior written permission of its owner(s).
If Brite receives a notice alleging that you have engaged in behavior that infringes the intellectual property rights of Brite or any other party, or if Brite reasonably suspects the same, Brite may suspend or terminate your User Account without notice to you and without liability or responsibility to you or any third party.
Subject to the Agreements, Brite grants you a limited, non-exclusive, personal, non-transferable and revocable license to access and use the content featured on and otherwise included as part of the Services (the “Service Content”). This license is specifically conditioned upon the following terms: (i) you may only view, copy and print portions of the Service Content for your own informational, personal and non-commercial use; (ii) you may not reproduce, distribute, display, modify or otherwise make derivative uses or works of the Service Content; (iii) any displays or printouts of the Service Content must be marked © 2008-2013, Brite Revolution, LLC. All Rights Reserved.”; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Service Content; (v) you may not use any data mining robots or similar data gathering or extraction methods; and (vi) you may not use the Services or Service Content other than for its intended purpose.
Any use of the Services or Service Content beyond the permitted uses above is strictly prohibited and will terminate this license, as well as violate applicable laws including, without limitation, copyright and trademark laws. Except as expressly stated, you are not conveyed or granted any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or other intellectual or proprietary right of Brite or any third party.
Promotions And Advertising
Brite and/or its business partners may present advertisements or promotional materials through the Services. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of any third-party advertisers on or through the Services, or any Brite-affiliated social network, are solely between you and such third-party. You agree that Brite shall not be in any way liable or responsible for loss or damage of any sort incurred as the result of your participation in such activities.
Third Party Interaction
The Service may present links to third-party websites, goods and services not owned, operated or otherwise controlled by Brite (“Third-Party Services”). Brite is in no way responsible for these websites, goods or services, or the content made available through them. You agree that Brite is not liable or in any way, directly or indirectly, for any damage or loss that occurs in connection with your use of or reliance on any content of any such third-party website, or any goods or services made available through any such website.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS IS,” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SERVICE AT YOUR OWN RISK. BRITE DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BRITE DOES NOT WARRANT, ENDORSE, GUARANTEE, ASSUME RESPONSIBILITY FOR, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIRD-PARTY SERVICES THAT MAY BE FEATURED ON THE SERVICE.
YOU WILL NOT HOLD BRITE RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO BRITE.
IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR SYSTEM(S) WILL FUNCTION CORRECTLY WITH THE SERVICE.
UNDER NO CIRCUMSTANCES SHALL ANY BRITE ENTITY BE LIABLE FOR ANY UNAUTHORIZED USE OF THE SERVICE OR DAMAGES RESULTING THEREFROM.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BRITE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF BRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, BRITE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US$10.
You agree to indemnify and hold harmless Brite and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your violation of these Terms and your use of the Services, and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
You agree that any unauthorized use of the Services and any related software or materials would result in irreparable injury to Brite and/or its affiliates or licensors for which money damages would be inadequate, and in such event Brite, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in these Agreements shall be construed to limit remedies available pursuant to statutory or other claims that Brite, its affiliates and/or licensors may have under separate legal authority.
You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Services is to stop using them.
In all cases, you bear all risk of loss for any products and materials that you have downloaded, including any loss due to a computer or hard drive crash. Brite is not liable for any such loss or damage.
Nothing in these Agreements removes or limits Brite’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence. Some aspects of this section may not apply in some jurisdictions.
These Terms will be effective between you and Brite for as long as you use the Services. Notwithstanding any provision of this Agreement, Brite reserves the right to, at any time, for any reason, and in its sole discretion, restrict, block and/or terminate your access or use of the Services, or any portion thereof, with or without notice to you and without liability to you or any third party. Brite may also change, suspend or discontinue any section or aspect of the Services at any time, for any reason, and without notice to you, without liability to you or any third party. You agree and acknowledge that the cancellation of your user account is your sole right and remedy with respect to any dispute with Brite.
These Terms, and any other terms, agreements and documents referred to herein, represent your entire agreement with Brite with respect to your use of the Services. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Brite’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in the Agreements are for convenience only and have no legal or contractual effect.
Occasionally, Brite may offer you the chance to participate in sweepstakes, contests, and surveys (“Special Promotions”) through the Services. Special Promotions may be governed by terms and conditions that are separate from these Terms. If the provisions of a Special Promotion’s terms and conditions conflict with these Terms, those separate terms and conditions shall prevail.
Choice Of Law And Venue
The laws of the State of Tennessee, excluding its conflicts of law rules, govern the Agreements and your use of the Services. You expressly agree that the courts in the State of Tennessee, Davidson County, have exclusive jurisdiction over any claim or dispute with Brite, or relating in any way to your use of the Services. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in Davidson County in connection with any such dispute, including any claim involving Brite or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers. You agree that any claims arising in connection with your use of the Services shall be resolved in binding arbitration with a duly authorized representative of the American Arbitration Association (“AAA”) in accordance with the provisions hereof and thereof. Either you or Brite may submit the matter to binding arbitration before the AAA in Davidson County, Tennessee, which arbitration shall be final and binding on the parties and the exclusive method, absent agreement between you and Brite, for purposes of determining the ability of you or Brite to satisfy such claim. All claims shall be settled by a single arbitrator appointed in accordance with the Commercial Arbitration Rules then in effect of the AAA (the “AAA Rules”). The arbitrator shall render a final decision pursuant to the AAA Rules within thirty (30) days after filing of the claim. The final decision of the arbitrator shall be furnished to you and Brite in writing and shall constitute the conclusive determination of the issue in question binding upon you and Brite, and shall not be contested by any of them. Such decision may be used in a court of law only for the purpose of seeking enforcement of the arbitrator’s decision. The prevailing party shall be entitled to reasonable attorneys’ fees, costs and necessary disbursements in addition to any other relief that such party may be entitled. For purposes of these Terms, the prevailing party shall be that party in whose favor final judgment is rendered or who substantially prevails, if both parties are awarded judgment.