TERMS OF SERVICE
CONTENT IN THE “REFLEX” MOBILE APPLICATION, ANY OF THE REFLEX PRODUCTS INCLUDING, BUT NOT LIMITED TO, “REFLEX PRO” AND “REFLEX TELEHEALTH Telehealth” AND ON BRIGHTLAMP’S WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE THE RELATIONSHIP BETWEEN YOU AND YOUR PHYSICIAN OR OTHER MEDICAL PROVIDER. WE ARE NOT LICENSED MEDICAL CARE PROVIDERS AND HAVE NO EXPERTISE IN DIAGNOSING OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN DETERMINING THE EFFECT OF HEAD TRAUMA ON ANY MEDICAL CONDITION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS, OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE “REFLEX” MOBILE APPLICATION, ASSOCIATED REFLEX PRODUCTS, OR ON BRIGHTLAMP’S WEBSITE. IF YOU CHOOSE TO RELY ON ANY SUCH INFORMATION YOU DO SO AT YOUR OWN RISK.
1. LICENSE
1.1. Governing Agreement
The terms of this agreement (“Terms of Service”) govern the relationship between you and brightlamp, INC (“brightlamp” or “us” or “we”) regarding your use of our products and services, which includes the application “Reflex”, “Reflex Pro”, “Reflex Telehealth” or any other Reflex related software used to detect measurements of the eye, related applications for mobile devices, and brightlamp’s websites (collectively, the “App”). In these Terms of Service, “brightlamp” means brightlamp, INC, located at 17437 Carey Rd. Box 230, Westfield, IN 46074.
1.2. Privacy Policy
Use of the App is also governed by brightlamp’s Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We encourage you to read our Privacy Policy carefully and use it make informed decisions.
By creating an account or accessing and using the App you accept and agree to be bound by these Terms of Service and consent to the collection, use, and storage of your information as outlined in our Privacy Policy.
1.3. Updates to the Terms of Service and Privacy Policy
brightlamp reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Service and Privacy Policy at any time, by posting the amended Terms of Service or Privacy Policy on the App or on brightlamp’s website. You may also be given additional notice, such as an e-mail message, of any changes. You will be deemed to have accepted such changes by continuing to use the App. Except as otherwise stated, all amended terms shall automatically be effective 30 days after they are initially posted. brightlamp may also revise other policies, codes, or rules at any time, and the new versions will be available in the App or on brightlamp’s website, located at www.brightlamp.org. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which brightlamp has actual notice of before the date of the amendment.
This agreement may not be otherwise amended except in a writing, signed by you and us. For purposes of this provision, writing does not include an e-mail message and a signature does not include an electronic signature.
If at any point you do not agree to any portion of the then-current version of our Terms of Service, our Privacy Policy, or any other brightlamp policy, rules or code of conduct relating to your use of the App, your license to use the App shall immediately terminate and you must immediately stop using the App. Continued use of the App will constitute acceptance of such Terms of Service, Privacy Policy or any other brightlamp policy, rules or code of conduct relating to your use of the App then in effect.
To the extent the Terms of Service or Privacy Policy conflict with any other of brightlamp’s terms, policies, rules, or codes of conduct, the terms contained in these Terms of Service and in the Privacy Policy shall govern your use of the App.
1.4. Grant of a Limited License to Use the App
Subject to your agreement and continuing compliance with these Terms of Service, the Privacy Policy, and any other relevant brightlamp policies, brightlamp grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations of Section 1.5 through 1.9 to access and use the App through your mobile device, solely for your own non-commercial, entertainment purposes. You agree not to use the App for any other purpose.
1.5. Accessing the App
By accessing or using the App, you accept and agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the App (“Account”), or have a valid account on a social networking service through which you interact. You warrant that you are not prohibited from receiving products of U.S. origin, including services or software. If you are between the ages of 13 and 17, you represent that your legal guardian has reviewed and agreed to the Terms of Service.
You must provide all equipment necessary to connect to and use the App, including but not limited to, a mobile device that is suitable to connect with and use the App. You are responsible for any fees, including internet connection or mobile fees that you incur when accessing the App.
1.6. Use of App
The following restrictions apply to the use of the App:
a. You shall not create an Account or access the App if you are under the age of 13;
b. You shall monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the App by a minor in connection with your Account. You are responsible for any use of credit card or other payment instrument by minors;
c. You shall not have more than one Account at any given time and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
d. You shall not have an Account or use the App if you have previously been removed by brightlamp;
e. You shall not use the App if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
f. You shall not use your Account to advertise, solicit, or transmit any commercial advertisements;
g. You shall not use your Account to engage in any illegal conduct or encourage or incite others to engage in illegal conduct;
h. You shall not access or use an Account that has been sub-licensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without brightlamp’s written permission; and
i. If you use social networking services in connection with the App you shall comply with the terms of the social networking service, as well as these Terms of Service.
When creating or updating an Account on the App, you may be required to provide brightlamp with certain personal information, which may include your name, birth day, e-mail address, and in some cases, payment information. This information will be held and used in accordance with brightlamp’s Privacy Policy. You agree that you will supply accurate and complete information to brightlamp, and that you will update that information promptly after it changes.
1.7. Username and Password
During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information:
a. You shall not share the Account or the Login Information, let anyone else access your Account or do anything else that might jeopardize the security of your Account;
b. If you become aware of or reasonably suspect any breach of security, including any loss, theft, or unauthorized disclosure of Login Information, you must immediately notify brightlamp and modify your Login Information;
c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
d. You are responsible for anything that happens through your Account.
brightlamp reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
1.8. License Limitations
Any use of the App in violation of the following license limitations is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1.4, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE APP IS A VIOLATION OF BRIGHTLAMP’S POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.
You agree that you will not, under any circumstances:
a. Engage in any act that brightlamp deems to conflict with the spirit or intent of the App, including but not limited to circumventing or manipulating these Terms of Service or other policies;
b. Make improper use of brightlamp’s support services, including submitting false abuse reports or using profane and abusive language in your communication with our support personnel;
c. Use the App, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d. Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the App;
e. Use the App in order to design or assist in the design of cheats, automation software, bots, hacks, modes, or any other unauthorized third-party software designed to modify or interfere with the App;
f. Without brightlamp’s express written consent, modify or cause to be modified any files that are a part of the App;
g. Disrupt, overburden, aid, or assist in the disruption or overburdening of (1) any computer or server used to offer or support the App; or (2) the enjoyment of the App by any other person;
h. Institute, assist, or become involved in any type of attack, including distribution of a virus, denial of service attacks upon the App, or other attempts to disrupt the App or any other person’s use or enjoyment of the App;
i. Attempt to gain unauthorized access to the App, to an Account registered to others, or to the computers, servers, or networks connected to the App, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology or software that is part of the App;
j. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or other objectionable or offensive on the App OR ON ANY OTHER OF BRIGHTLAMP’S PRODUCTS OR WEBSITES;
k. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group, including brightlamp employees or customer service representatives;
l. Make available through the App any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a brightlamp employee;
m. Without brightlamp’s express written consent, use of the App or any part thereof for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation;
n. Transmit unauthorized communication through the App;
o. Interfere or attempt to interfere with the proper function of the App or connect to or use the App in any way not expressly permitted by these Terms of Service;
p. Use any unauthorized third-party software that accesses, intercepts, “mines,” or otherwise collects information from or through the App or that is in transit from or to the App, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the App to store information about brightlamp uses or content. brightlamp may, at its sole and absolute discretion, allow the use of certain third-party user interfaces;
q. Use, facilitate, create, or maintain any authorized connection to the App, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the App; or (2) any connection using programs, tools, or software not expressly approved by brightlamp;
r. Except were permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the App, or to obtain any information from the App using any method not expressly permitted by brightlamp;
s. Copy, modify, or distribute rights or content from the App or any of brightlamp’s websites or other products, or use any method to copy or distribute the content of the App except as specifically allowed in these Terms of Service;
t. Solicit or attempt to solicit personal information from other users of the App;
u. Collect, harvest, or post anyone’s private information, including personally identifiable information (whether in text, image, or video form), identification documents, or financial information through the App; or
v. Upload or transmit, or attempt to upload or transmit, without brightlamp’s express permission, any material that acts as a passive or active information collection or transmission mechanism.
1.9. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, BRIGHTLAMP MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE APP OR PORTIONS THEREOF IF YOU ARE, OR BRIGHTLAMP SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE APP, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USERNAME AS A REUSLT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS, AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE APP, AND BRIGHTLAMP IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
THE APP AND OUR SITES, AND THEIR CONTENT, SERVICES, AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE APP IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF US OR OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS AND POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPECT OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
brightlamp reserves the right to stop offering and/or supporting the App or a particular part of the App at any time either permanently or temporarily, at which point your license to use the App or a part thereof will be automatically terminated or suspended. In such event, brightlamp shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the App.
14 Day Free Trial + Cancellation Policy:
brightlamp offers certified medical professionals free access to Reflex for 14 days. As a free trial user, you are not enrolled in a subscription for Reflex. During that time you are not under any obligation and will not be charged. Your account will fall-off at the end of the trial period unless you decide to subscribe. Your subscription will be charged to your default credit card on file. At the end of the term, unless you cancel, your subscription will automatically renew. You will be charged for the regular price of your subscription within 24 hours prior to the end of the current term. You can turn off automatic renewal at any time, but you must do so at least 24 hours before the end of the current term. Refunds will not be provided for the unused portion of any term. Termination of your Account can include disabling your access to the App or any part thereof including any content you submitted or others submitted.
1.10. Ownership
1.10.1. Service
The App (including without limitation any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and chat transcripts) are copyrighted works owned by brightlamp. brightlamp reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the App.
1.10.2. Accounts
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BRIGHTLAMP. GENERALLY, ACCOUNTS CREATED WITH BRIGHTLAMP WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM. HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE, INCLUDING ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.10.3. User Content
“User Content” means any communications, images, sounds, and all the material, data and information that you upload or transmit through a brightlamp client or the App, or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the App, you affirm, you represent and warrant that such transmission or submission is (a) accurate and not confidential; (b) not in violation of any applicable laws, contractual restriction or other third-party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; and (c) free of viruses, adware, spyware, worms, or other malicious code. You acknowledge and agree that any of your personal information within such User Content will be processed by brightlamp in accordance with its Privacy Policy. You own your User Content. You hereby grant brightlamp and its affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the App, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant us to use user-posted content (except any content you submit in response to brightlamp promotions and competitions or any other content specifically solicited by brightlamp) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.
2. USER CONTENT
2.1. Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the App. brightlamp assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the App for inappropriate or illegal content or conduct. However, by entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording, should we choose to monitor and record.
2.2. Disclosure
YOUR INFORMATION, INCLUDING ESTIMATED EYE MEASUREMENT DATA, LOCATION, AND THE CONTENTS OF ALL OF YOUR ONLINE COMMUNICATIONS (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) MAY BE ACCESSED AND MONITORED AS NECESSARY TO PROVIDE THE APP AND MAY BE DISCLOSED: (I) WHEN WE HAVE A GOOD FAITH BELIEF THAT WE ARE REQUIRED TO DISCLOSE THE INFORMATION IN RESPONSE TO LEGAL PROCESSES (FOR EXAMPLE A COURT ORDER, SEARCH WARRANT OR SUBPOENA); (II) TO SATISFY ANY APPLICABLE LAWS OR REGULATIONS; (III) WHERE WE BELIEVE THAT THE APP IS BEING USED IN THE COMMISSION OF A CRIME, INCLUDING TO REPORT SUCH CRIMINAL ACTIVITY OR TO EXCHANGE INFORMATION WITH OTHER COMPANIES AND ORGANIZATIONS FOR THE PURPOSES OF FRAUD PROTECTION AND CREDIT RISK REDUCTIONS; (IV) WHEN WE HAVE A GOOD FAITH BELIEF THAT THERE IS AN EMERGENCY THAT POSES A THREAT TO THE HEALTH AND/OR SAFETY OF YOU, ANOTHER PERSON, OR THE PUBLIC GENERALLY; AND (V) IN ORDER TO PROTECT THE RIGHTS OR PROPERTY OF BRIGHTLAMP, INCLUDING TO ENFORCE OUR TERMS OF SERVICE. BY ENTERING INTO THESE TERMS OF SERVICE, YOU HEREBY PROVIDE YOUR IRREVOCABLE CONSENT TO SUCH MONITORING, ACCESS, AND DISCLOSURE.
3. THIRD PARTY ADVERTISEMENTS
3.1. Third-Party Advertising
You understand that this App may feature advertisements from brightlamp or third parties. brightlamp’s disclosure of information for third-party advertising is addressed in our Privacy Policy.
3.2. Links to Third Party Sites and Dealings with Advertisers
brightlamp may provide links on the App to third-party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. brightlamp makes no representation or warranty regarding any content, goods, and/or services provided by any third party, even if linked to from our App, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of brightlamp and may collect data or solicit personal information from you. brightlamp is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by brightlamp of these linked sites.
4. COPYRIGHT NOTICES/ COMPLAINTS
It is brightlamp’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). brightlamp reserves the right to terminate without notice any user’s access to the App if that user is determined by brightlamp, it its sole discretion, to be a “repeat infringer.” In addition, brightlamp accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
5. UPDATES TO THE APP
You understand that the App is an evolving one. brightlamp may require that you accept updates to the App you have installed on your mobile device. You acknowledge and agree that brightlamp may update the App with or without notifying you. You may need to update third-party software from time to time in order to use the App.
6. DISCLAIMERS/ LIMITIATIONS/ WAIVERS/ INDEMNIFICATION
6.1. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER BRIGHTLAMP NOR ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (collectively the “Parties”) WARRANT THAT (A) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (C) ANY ERRORS ASSOCIATED WITH THE APP WILL BE CORRECTED.
6.2. Limitations; Waiver of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE APP UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), AND THAT OF THE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APP.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APP AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE APP AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BRIGHTLAMP IN THE 180 DAYS IMMEDIATELY PROCEEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BRIGHTLAMP FOR ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRIGHTLAMP IS TO STOP USING THE APP AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
YOU EXPRESSLY AGREE THAT BRIGHTLAMP IS NOT PROVIDING MEDICAL ADVICE VIA THE APP. THE CONTENT PROVIDED THROUGH THE APP, IS NOT INTENDED TO BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL; (B) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. INFORMATION PROVIDED THROUGH THE APP MAY NOT APPLY TO YOUR UNIQUE MEDICAL CONDITION AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABLY, EFFECTIVENESS OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE SERVICE. THE CONTENT PROVIDED FOR THROUGH THE APP IS INTENDED TO BE SOLELY INFORMATIONAL. IF YOU RELY ON ANY SUCH INFORMATION YOU DO SO AT YOUR OWN RISK.
YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST USING THE APP MAY CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF BRIGHTLAMP OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT BRIGHTLAMP DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, OR CONDUCT OF ANY ACTIVITY OR EVENT THAT OCCURS IN CONNECTION WITH THE APP.
6.3. Indemnification
You agree to indemnify, save, and hold brightlamp, its affiliates, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your use or misuse of the App, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. brightlamp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which are required to indemnify brightlamp, and you agree to cooperate with brightlamp’s defense of these claims. brightlamp will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions of this paragraph will survive any termination of your Account or of the App.
7. DISPUTE RESOLUTION
7.1. General
If a dispute arises between you and brightlamp, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and brightlamp agree that we will resolve any claim or controversy at law or equity that arises out of these Terms of Service or the App, in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7.2. Law and Forum of Legal Disputes
These Terms of Service and any dispute arising out of or related to it or the App shall be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any claim or dispute that you may have against brightlamp must be resolved exclusively by a state or federal court located in Marion County, Indiana, except as otherwise agreed to between the parties. You agree to submit to the personal jurisdiction of the courts located within Marion County, Indiana for the purpose of litigating all such claims or disputes.
7.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount in controversy does not exceed $10,000, the party requesting the relief may elect to resolve the dispute through binding non-appearance-based arbitration. If a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider that has been selected by brightlamp. The ADR provider and the parties must comply with the following rules: (a) arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
7.4. Improperly Filed Claims
All claims that you bring against brightlamp must be resolved in accordance with Section 7 and its subsections. All claims filed or brought contrary to Section 7.2 shall be considered improperly filed. If a claim is filed contrary to Section 7.2, brightlamp shall be entitled to recovery its attorneys’ fees and costs, provided that brightlamp has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
8. SEVERABILITY
You and brightlamp agree that if any portion of these Terms of Service or the brightlamp Privacy Policy is found to be illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms of Service, which shall continue to be in full force or effect.
9. GENERAL PROVISIONS
9.1. Assignment
brightlamp may assign or delegate these Terms of Service and/or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without brightlamp’s prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.
9.2. Supplemental Policies
brightlamp may publish additional policies related to specific services such as applications for mobile devices. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
These Terms of Service, any supplemental policies, and any documents expressly incorporated by reference herein (including brightlamp’s Privacy Policy), constitute the entire understanding of you and brightlamp, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral, or written, or whether established by custom, practice, policy, or precedent, between you and us with respect to the App.
9.4. No Waiver
The failure of brightlamp to require or enforce strict performance by you of any provision of these Terms of Service of the brightlamp Privacy Policy of failure to exercise any right under them shall not be construed as a waiver or relinquishment of brightlamp’s right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by brightlamp of any provision, condition, or requirement of these Terms of Service of the brightlamp Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition, or requirement.
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by brightlamp shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of brightlamp.
9.5. Notices
We may notify you via postings on www.brightlamp.org, and via e-mail message, or any other means using the information that you provided to us. All notices given by you or required from you under these Terms of Service or the brightlamp Privacy Policy shall be in writing and address to: Brightlamp, INC, 17437 Carey Rd. Box 230, Westfield, IN 46074.
Any notices that you provide without compliance with this Section shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to brightlamp are of a unique and irreplaceable nature, the loss of which shall irreparably harm brightlamp and which cannot be replaced by monetary damages alone. Accordingly, brightlamp shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the App or any content or other material used or displayed through the App and agree to limit your claims to claims for monetary damages.
Contact:
Brightlamp, Inc.
17437 Carey Rd. Box 230
Westfield, IN 46074
0138198.0657358 4826-8766-1923v1
