TERMS & CONDITIONS

Last modified May 28, 2018

 

Please read these terms carefully.

These Terms of Use (the “Terms”) govern your use of and access to www.BrightlyandCo.com and its sub-domains and affiliated sites, as well as Brightly and Company LLC’s (“Brightly & Co” “my”, “me” or “I”) pages and accounts on Facebook®, Twitter®, Instagram®, Google Plus®, LinkedIn® and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

Site content.

Brightly and Company LLC exclusively owns and controls the Sites, which provides information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of mindset, branding and business topics. You agree that, use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of Brightly and Company LLC.

Intellectual property.

Unless explicitly stated otherwise, as between you and Brightly and Co, Brightly and Company LLC owns all right, title, and interest in and to the Sites, including, without limitation, graphics, site content,  design, organization, compilation and other matters related to or included on the Sites. My name, Brightly and Company LLC (Brightly and Co) and all related names, product and service names, logos, slogans and designs are my trademarks and you may not use these marks without my prior written permission. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and should not be used without those respective owners’ permission.

Third party rights.

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by Brightly and Co either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you to do the same. Users must obtain permission from the owners of any Third Party Content before copying, distributing or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

Linking to our sites.

Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with Brightly and Co; (ii) present false or misleading information about Brightly and Co; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

Advertisements and links.

I may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not my own. You agree that I shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to me with any questions you may have regarding affiliate links.  

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by Brightly and Co of the contents on such third-party sites, and I expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Brightly and Co 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 products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

Disclaimer and limitation of liability.

The sites are provided on an “as is” and “as available” basis, without warranty of any kind, Brightly and Co, together with its affiliates, licensors, service providers, employees, agents, officers or directors (the “released parties”), specifically disclaim all warranties, express or implied, including, but not limited to, warranties or merchantability, fitness for a particular purpose, and non-infringement and warranties that may arise out of course of dealing, course or performance, usage or trade practice. The released parties do not guarantee the reliability, accuracy, completeness, safety, timeliness, legality, usefulness, adequacy or suitability of any of the information of content on the sites. Accordingly, you agree to exercise caution, discretion and common sense when using the sites. The entire ris for use of the site and/or services is borne by you. To the maximum extent permitted by applicable law, in no event shall the released parties by liable for any direct, indirect, special, incidental, consequential or punitive damages arising out of the use of or inability to access the sites, including, without limitation, damages for loss of goodwill, work disruptions, computer failure or malfunction, or any and all other personal or commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, breach of warranty or otherwise) upon which the claim is based. The released parties are not responsible for any liability arising out of the postings or any material linked through the sites. Your sole remedy with respect to any claim arising out of your use of the sites is to cease using the sites.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of the this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

Choice of law and venue.

These Terms are governed by the laws of the State of Oregon without regard to any conflict of laws principle. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Marion County, Oregon.

Your comments and concerns.

This website is operated by Brightly and Co, 5916 SE 17th Avenue, Portland, OR 97202. All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: support@brightlyandco.com. Thank you for visiting the Sites.