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Great! The next step is to read and agree to our terms and conditions.
- You must agree to the Terms and Conditions above before continuing
These Terms of Use (the "Terms" or "Agreement") set forth the terms and conditions under which individuals residing in the United States may use the OURBRIGHTLINK.COM Site and/or the OURBRIGHTLINK.COM Services (described below). Certain OURBRIGHTLINK.COM Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Service materials relating to those Services ("Additional Terms").
Please read these Terms and any applicable Additional Terms before using the Site or the Services. By using the Site or the Services, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Services ("Registered Users").
These Terms include the OURBRIGHTLINK.COM Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, do not use the Site or the Services.
These Terms, including the Privacy Policy, are subject to change by OURBRIGHTLINK.COM at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check www.OURBRIGHTLINK.COM/terms for updates. Additional Terms are also subject to change by OURBRIGHTLINK.COM at any time and take effect immediately upon publishing. Any use of the Site or the Services by you after the effective date of any changes will constitute your acceptance of such changes.
For purposes of these Terms, the "Site" shall mean www.OURBRIGHTLINK.COM and any other OURBRIGHTLINK.COM branded websites, web pages, mobile applications and mobile websites operated by OURBRIGHTLINK.COM ("OURBRIGHTLINK.COM" or "we") in the United States, and the "Services" shall mean any of the various services that OURBRIGHTLINK.COM provides through the Site or any other channels, including over the telephone.
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1. Description of Services; Limitations; User
Responsibilities
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1.1. About Our Services
OURBRIGHTLINK.COM offers outbound calling services to help our customers maintain regular telephone contact with individuals (Target) of their choosing. The Services we offer include, among others:
We allow our Customer (Status Seeker) to create and maintain a regular calling schedule. The scheduled call will ask the Target regarding their status, or if the Target wants to be connected directly, via the telephone to the Status Seeker.
We provide the Status Seeker with a status notification via telephone, or Text Message.
We provide the Status Seeker with a Report Tool with which he or she can track the calling record and status as reported by the Target.
We offer the Status Seeker several Call Types that can be scheduled.
Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.
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1.2. Limitations of our Services
OURBRIGHTLINK.COM does not assume any responsibility for the accuracy or reliability of any information provided by Status Seekers on or off this Site. We may offer certain Customers the opportunity to verify certain information such as their email address or cell phone number. If we indicate that a Customer has verified certain information, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant as to, the accuracy of such information.
OURBRIGHTLINK.COM is not responsible for the conduct, whether online or offline, of any Status Seeker, Target, or other user of the Site or Services. Moreover, OURBRIGHTLINK.COM does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Status Seekers and Targets, hereby expressly agree not to hold OURBRIGHTLINK.COM (or OURBRIGHTLINK.COM's officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers) liable for the actions or inactions of any Status Seeker, Target or other third party or for any information, Status Notification, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law, OURBRIGHTLINK.COM and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
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1.3. User Responsibilities
Customers/Status Seekers are solely responsible for the accuracy of all information submitted to the web site. Customers/Status Seekers are also solely responsible to maintain such information including but not limited to User Name, Billing Address, Credit Card Information, Target telephone number, Calling Schedule, Call Type, and Method of Notification.
Customer/ Status Seekers are responsible for the Training, Instruction, and Coaching of the Target on the Call Processes and the consequences of various responses including Not Answering the phone, or not responding by pressing the number “1” key on their telephone.
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1.1. About Our Services
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2. Eligibility to Use the Site and Services;
Representations and Warranties
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2.1. Eligibility
To be eligible to use our Services, you must meet the following criteria:
Our Services are available only to Customers who are eighteen (18) years of age or older. If you do not meet the above age requirements, do not register to use the Site or Services.
The Site and the Services are currently available only to individuals who are legally in the jurisdiction of the United States.
Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
You must not be an Employee, affiliate, of, or a competitor of OURBRIGHTLINK.COM or using our Services for reasons that are in competition with OURBRIGHTLINK.COM.
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2.2. Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
That you, Target, or any member of your household, or any other party expressly understand that the services provided by OURBRIGHTLINK.COM is not a “911” Emergency Type Service, and are not intended in any way to safeguard or protect the health of the Target, or to summon First Responder Emergency Services. Furthermore, that you will hold OURBRIGHTLINK.COM and its owners, and officers harmless in the event of injury or death.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
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2.1. Eligibility
- 3. Rules for UserConduct and Use of Service
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3.1. Registration, Posting, and Content Restrictions
The following rules pertain to "Content", defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through OURBRIGHTLINK.COM's Services. By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
You will register your account in your own legal name, even if you are seeking care for another individual or family member.
All Content you post will be in English as the Site and Services are not currently supported in any other languages.
You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site.
You understand and agree that OURBRIGHTLINK.COM may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of OURBRIGHTLINK.COM violates these Terms or which OURBRIGHTLINK.COM determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
OURBRIGHTLINK.COM is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
To the maximum extent permitted by law, OURBRIGHTLINK.COM disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site.
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3.2. Exclusive Use
If you are a Status Seeker/Customer, you may use your account to seek the status of, your parents, your children, your grandchildren or individuals for whom you are otherwise the legal guardian, or for whom you are responsible. You may not assign or otherwise transfer your account to any other person or entity.
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3.3. Prohibited Uses
By using the Site or Services of OURBRIGHTLINK.COM, you agree that you will not under any circumstances:
use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the Site or Services for any unlawful purpose, for any purpose not expressly intended by OURBRIGHTLINK.COM or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user's OURBRIGHTLINK.COM account;
provide false or inaccurate information when registering an account on OURBRIGHTLINK.COM, using the Services or communicating with other Registered Users;
attempt to re-register with OURBRIGHTLINK.COM if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
interfere or attempt to interfere with the proper functioning of OURBRIGHTLINK.COM's Services;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
use the communication systems provided by or contacts made on OURBRIGHTLINK.COM for any commercial solicitation purposes;
publish or link to malicious content intended to damage or disrupt another user's browser or computer.
Should OURBRIGHTLINK.COM find that you violated the terms of this Section or any terms stated herein, OURBRIGHTLINK.COM reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that OURBRIGHTLINK.COM may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Target or Status Seeker information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a "mirrored", competitive, or third party site. This fee shall be in addition to any other rights OURBRIGHTLINK.COM may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, OURBRIGHTLINK.COM reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
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3.1. Registration, Posting, and Content Restrictions
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4. Termination of Registration
Should OURBRIGHTLINK.COM determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, OURBRIGHTLINK.COM reserves the right, at its sole discretion, to immediately terminate your access to all or part of the OURBRIGHTLINK.COM Site, to remove your profile and/or any content posted by you on the Site, and to terminate your registration in OURBRIGHTLINK.COM, with or without notice.
In any event, OURBRIGHTLINK.COM also reserves the right, in its sole discretion, to terminate your access to all or part of the OURBRIGHTLINK.COM Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in OURBRIGHTLINK.COM, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
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5. Privacy
OURBRIGHTLINK.COM will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.
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6. Links To External Sites
Links from the Site to external sites (including external sites that are framed by OURBRIGHTLINK.COM) or inclusion of advertisements do not constitute an endorsement by OURBRIGHTLINK.COM of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. OURBRIGHTLINK.COM does not control such sites, and is not responsible for their content. Just because OURBRIGHTLINK.COM has hyperlinks to such sites does not mean that OURBRIGHTLINK.COM endorses any of the material on such sites, or has any association with their operators.
Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by OURBRIGHTLINK.COM's Terms of Use and Privacy Policy. OURBRIGHTLINK.COM expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold OURBRIGHTLINK.COM harmless from any liability that may result from the use of links that may appear on the Site.
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7. Payment And Refund Policy
In order to utilize some OURBRIGHTLINK.COM Services the user of such Services must pay OURBRIGHTLINK.COM either a recurring subscription or one-time fee. In addition, the user is responsible for any state or local sales taxes associated with the Services purchased.
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7.1. Billing and Payment
If you sign up for an OURBRIGHTLINK.COM paid subscription, you agree to pay OURBRIGHTLINK.COM all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize OURBRIGHTLINK.COM to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. OURBRIGHTLINK.COM reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other Services, such as when a Calling Schedule is changed to increase the number of calls beyond that which has been purchased, you authorize OURBRIGHTLINK.COM to charge your chosen payment provider for the Services you purchase. You agree that if OURBRIGHTLINK.COM already has your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional Services you purchase.
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7.1.1. Billing Period and Number of Calls
Customer understands that the Cost per billing cycle is determined by the total number of calls of required to fulfill the Weekly Calling Schedule submitted by the Customer. Furthermore, and that the total number of calls required to fulfil said schedule, is projected over the term of the Billing Cycle (Extended Period).
The customer may select any Billing Cycle that best meets their needs. Billing Cycle may be purchased in the following quantities:
Billing Cycle Number of 4-week periods Total Number of Weeks (Extended Periods) A 1 4 B 3 12 C 6 24 D 12 48 -
7.1.2. Schedule Changes
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7.1.2.1. Changes that reduce the number of calls
below the limits of the current Tier
By adjusting the Account Settings, Customer may change the Call Schedule in a way that reduces the number of calls beyond the limits of the then-current plan Tier.
The new Calling Schedule will be implemented immediately.
When the new Calling Schedule requires a number of calls that is beyond the limits of the then-current plan Tier, Customer agrees to re-authorize the automatic renewal to the credit card on file, at the new rate and for the same term which just expired.
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7.1.2.2. Changes that increase the number of calls
beyond the limits of the current Tier
By adjusting the Account Settings, Customer may change the Call Schedule in a way that increases the number of calls beyond the then-current plan Tier at any time.
When the new Calling Schedule requires a number of calls that is beyond the limits of the then-current plan Tier, the customer’s credit card on file will be billed for the difference between the cost of the New Call Tier and the unused, but previously paid for, then-current Call Tier. Customer agrees to re-authorize the automatic renewal at the new Call Tier rate.
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7.1.2.3. Changes that increase or decrease the Billing Cycle Term
By adjusting the Account Settings, Customer may change the Call Schedule in a way that increases the Billing Cycle Term beyond the then-current Billing Cycle term at any time.
Customer understands that the charges for a new Billing Cycle will not be charged to the Credit Card on file until the expiration of the then-current Billing Cycle, at which time the Credit Card on file will be charged at the new Billing Cycle rate.
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7.1.2.4. Changes that increase or decrease the
number of calls within the Current Tier
By adjusting the Account Settings, Customer may change the Call Schedule in a way that reduces or increases the number of calls within the limits for the then-current Tier at any time.
The new Calling Schedule will be implemented immediately.
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7.1.2.5. Minimum Credit Card Debit
In certain circumstances, changes to Calling Schedule(s), including changes of Billing Cycle Term and Additional Targets, may result in an amount payable of less than Two Dollars (US) ($2.00). Customer understands, that in such situations, the Credit Card on file will not immediately be charged for any amount less than Two Dollars (US) ($2.00), but that the amount due will be due and payable when the account is automatically renewed, or at the time additional charges greater than Two Dollars (US) ($2.00) are incurred, whichever is sooner.
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7.1.2.1. Changes that reduce the number of calls
below the limits of the current Tier
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7.1.3. Pausing and Resuming Calling Schedule
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7.1.3.1. By adjusting the Account Settings, Customer may pause or suspend the then current weekly calling scheduled for up to five (5) calendar days of the then current payment period. The customer understands that the expiration date of the then current payment period will be advanced by the number of days of the paused or suspension period. Customer further understands that he/she is responsible for resuming the then current weekly calling schedule, and that paused or suspended weekly calling schedules will be automatically resumed upon the expiration of the paused or suspended period. In no circumstance will a weekly call schedule be paused or suspended for more the five (5) calendar days.
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7.1.1. Billing Period and Number of Calls
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7.2. Automatic Subscription Renewal and Cancellation
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7.2.1. OURBRIGHTLINK.COM paid subscriptions will continue indefinitely until cancelled by the Customer. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term and rate in effect at the time of your then-current term expiration.
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7.2.2. You may cancel your paid subscription by adjusting your account settings. Cancelations must be submitted no later than five (5) days before the expiration of your current paid subscription commitment period. If you cancel your subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your subscription will not be renewed after your then-current term expires, but your credit card will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination (if any) and disclosed to you at the time you signed up for the subscription plan.
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7.3. Refund Policy
Except as set forth below, all payments for services are non-refundable and there are no refunds or credits for unused or partially used services or service/cancellations. OURBRIGHTLINK.COM does not provide refunds or credits under any circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
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7.4. Free Trial Offers
OURBRIGHTLINK.COM may offer limited-time free trial subscriptions to certain users from time-to-time. Users who sign up for an OURBRIGHTLINK.COM Service on a free trial basis may have limited access to the Service and/or features of the Site. If a user signs up for a free trial subscription, upon expiration of the free trial period, the user will be charged the price then in effect for a subscription to equal to the current number of calls at Billing Cycle A, unless otherwise provided to him or her when he or she originally subscribed. If a user does not want to continue with the Service after the expiration of the free trial period, the Status Seeker must cancel their subscription within five (5) days of being charged the subscription fee for the Service.
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7.1. Billing and Payment
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8. Release of Liability for Conduct and Disputes
By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold OURBRIGHTLINK.COM harmless for any claim or controversy that may arise from any disputes between you and any Status Seeker, Target or other user(s) of the Site. By using the Site or the Services, you do hereby agree to report any alleged improprieties of any users therein to OURBRIGHTLINK.COM immediately by notifying OURBRIGHTLINK.COM of the same via electronic correspondence.
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9. Disclaimers; Limitations; Waivers; Indemnification
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9.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided "as is", "as available. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OURBRIGHTLINK.COM DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN OURBRIGHTLINK.COM; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OURBRIGHTLINK.COM EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, OURBRIGHTLINK.COM MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A CARE PROVIDER.
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9.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions.
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9.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will OURBRIGHTLINK.COM be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if OURBRIGHTLINK.COM, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL OURBRIGHTLINK.COM'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID OURBRIGHTLINK.COM FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-OURBRIGHTLINK.COM Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OURBRIGHTLINK.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
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9.4. Indemnification
By agreeing to these Terms, users of the Site and Services agree to indemnify, defend and hold harmless OURBRIGHTLINK.COM from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys' fees and costs incurred by in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. OURBRIGHTLINK.COM reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of OURBRIGHTLINK.COM. Users further agree to hold harmless OURBRIGHTLINK.COM from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
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9.5. Copyright Notices/Complaints
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9.5.1. It is OURBRIGHTLINK.COM's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting OURBRIGHTLINK.COM's copyright agent (identified below) and providing the following information:
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9.5.2. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
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9.5.3. Your name, address, telephone number and (if available) e-mail address.
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9.5.4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
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9.5.5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
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9.5.6. A signature or the electronic equivalent from the copyright holder or authorized representative.
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9.5.7. In an effort to protect the rights of copyright owners, OURBRIGHTLINK.COM maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
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9.1. No Warranty
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10. Governing Law and Jurisdiction
These Terms, and any dispute between you and OURBRIGHTLINK.COM, shall be governed by the laws of the State of California without regard to principles of conflicts of law. You agree that any claim or dispute that has arisen or may arise between you and OURBRIGHTLINK.COM must be resolved exclusively by a state or federal court located in the State of California. You and OURBRIGHTLINK.COM agree to submit to the personal jurisdiction of the courts located within the State of California for the purpose of litigating all such claims or disputes.
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11. Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
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12. Contact Information
If you have any questions or need further information as to the Site or Services provided by OURBRIGHTLINK.COM, or need to notify OURBRIGHTLINK.COM as to any matters relating to the Site or Services please contact OURBRIGHTLINK.COM
Legal Department
OURBRIGHTLINK.COM
PO Box 1602
Bonita, CA 91908
OURBRIGHTLINK.COM Privacy Policy
(POSTED DECEMBER 1, 2013. EFFECTIVE IMMEDIATELY FOR CUSTOMERS OF OURBRIGHTLINK.COM ON OR AFTER NOVEMBER 1, 2014. SUPERSEDES ALL PREVIOUS VERSIONS OF THE OURBRIGHTLINK.COM PRIVACY POLICY.)
OURBRIGHTLINK.COM offers various services to help its users find, coordinate, and maintain quality care. OURBRIGHTLINK.COM's Privacy Policy ("Privacy Policy") is designed to provide a clear understanding of the information we collect and how we use it to provide our services and give users a better experience. It applies to any users of www.OURBRIGHTLINK.COM and any US affiliated websites, web pages, mobile applications and mobile websites operated by OURBRIGHTLINK.COM (the "Site"), including those who are seeking to find a service provider through OURBRIGHTLINK.COM ("Care Seekers") as well as those who are looking to promote their services through OURBRIGHTLINK.COM ("Care Providers"), and any users of any of the various services that OURBRIGHTLINK.COM provides through the Site or any other channels, including over the telephone ("Services"). For purposes of this Agreement, the terms "OURBRIGHTLINK.COM," "we," "us," and "our" refer to OURBRIGHTLINK.COM, Inc. "You" refers to you, as a visitor or user or the Site or the Services. Please note that our subsidiaries have separate privacy policies. In addition, this Privacy Policy does not apply to third party entities that may use the OURBRIGHTLINK.COM Site or Services. Such entities' use of the OURBRIGHTLINK.COM Site and Services are subject to separate terms that they agreed when they registered with OURBRIGHTLINK.COM.
By using the Site and/or the Services, you consent to our collection, storage, use and disclosure of your personal information and other information as described in this Privacy Policy.
Information We Collect
We collect both "Personal Information" and "Non Personal Information" about our users. In this policy, Personal Information is information that can be used to contact or identify you, such as your full name and email address, and information that is linked to such information. "Non Personal Information" is information that cannot be used to contact or identify you and is not linked to information that can be used to contact or identify you and includes passively collected information about your activities on our Site, such as usage data, to the extent that information is not linked to your Personal Information.
Site Visitors can access and browse certain portions of the Site without disclosing Personal Information, although, like most websites, we passively collect certain information from your computer, such as your IP address and web browser user agent, when you browse the Site. Visitors who access and browse the Site without registering are "Site Visitors". In order to utilize some of the Services offered by OURBRIGHTLINK.COM, you must register with OURBRIGHTLINK.COM. All users who register with OURBRIGHTLINK.COM are "Registered Users".
Information You Provide
Regardless of whether you are a Site Visitor or a Registered User, all Personal Information that you provide to us when registering will be stored by us. You represent and warrant to us that you have the right and authority to provide us all Personal Information you provide about yourself or others. You may provide us this Personal Information in various ways, including:
When registering
When you register directly through OURBRIGHTLINK.COM, we will collect and store the information that you provide to us directly on our online registration forms. This may include, among other information:
your first and last name
your email address
your home address
your phone number
target name
target phone number
Some users may have the opportunity to register with OURBRIGHTLINK.COM by connecting through Facebook's application programming interface (API). Please see Section I.B.4 below to learn about the information we access, collect and store if you register for OURBRIGHTLINK.COM through Facebook.
If you register for a Service that requires you to pay a fee, OURBRIGHTLINK.COM will also collect your credit card type, number, expiration date, and security code as well as your billing address for payment purposes and your birthday, if not previously provided.
Otherwise through the Site or by telephone, email, postal mail or chat
Certain Customers may provide Personal Information on the Site through other Site features and offerings such as payment. In some cases, Site Visitors may have the ability to provide us Personal Information through the Site, such as contact information. In addition, both Customers and Site Visitors may choose to provide us additional Personal Information by phone, email, postal mail, or chat. We collect and store all of the Personal Information you provide us through these channels. Moreover, if you provide information about someone other than yourself through any of these channels, you represent that you have authority to do so.
Information provided by others
By Facebook if you connect to OURBRIGHTLINK.COM through Facebook
You may have the opportunity to connect to OURBRIGHTLINK.COM through Facebook's API when you register for OURBRIGHTLINK.COM or after you have registered for OURBRIGHTLINK.COM. If you connect to OURBRIGHTLINK.COM through Facebook, either when you register or after you have registered, we will collect, store, and use in accordance with this Privacy Policy any and all information you agreed that Facebook could provide to OURBRIGHTLINK.COM through its API. Your agreement (and our access to your information) takes place when you instruct, accept or allow Facebook to register you for a OURBRIGHTLINK.COM account or otherwise connect to OURBRIGHTLINK.COM through Facebook. The information OURBRIGHTLINK.COM may access, collect and store may include the following, among other information, as allowed by you, Facebook's API, and your Facebook privacy settings:
your name
your email address
your gender
your location (i.e. city)
the names of your Facebook friends
your interests
other information you make publicly available via Facebook
Technical and usage information
Log files, IP addresses and information about your computer and mobile device
When you visit the Site, OURBRIGHTLINK.COM receives the internet protocol ("IP") address of your computer (or the proxy server you use to access the internet), your computer operating system and type of web browser you are using. If you are using a mobile device, OURBRIGHTLINK.COM may also receive your mobile device id (UDID), or another unique identifier, and mobile operating system. We may correlate this information with other Personal Information we have about you.
Social Media Features and Widgets
Our Site includes social media features and widgets, such as the Facebook "Like" button and the Facebook "Share" button. These features may collect your IP address, the URL of the page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.
How We Use Information
Personal Information
In general, the Personal Information we collect is used (1) to improve our Services and enhance your experience with OURBRIGHTLINK.COM, (2) to enable us to provide a safer community for all of our Customers, and (3) to help us communicate with you
Non-Personal Information
In general, we use the Non Personal Information we collect to help us improve our Services and customize the user experience, such as by providing targeted useful features and promotions based on the type of Service you seek. We also aggregate the information collected via cookies and similar technologies to use in statistical analysis to help us track trends, evaluate the effectiveness of our ads and analyze patterns in the use of OURBRIGHTLINK.COM.
As required by law or for reasons of safety
You acknowledge and agree that we may disclose information we've collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend OURBRIGHTLINK.COM's, rights or property. We may also reserve the right to disclose information we've collected about you for purposes of protecting the health and safety of our community and Registered Users, such as in the case of risk of harm or violence against any person (including you).
Non-Personal Information
This Privacy Policy does not limit our use or disclosure of any Non Personal Information, such as information passively collected from your computer via cookies, web beacons, or standard logging of website activity. If you do not wish to share this information with OURBRIGHTLINK.COM, then you should take steps to limit the passive collection of data about your activities on our site, for example, by changing your browser settings to disable cookies. We reserve the right to use and disclose such Non Personal Information, as well as any other Non-Personal Information we collect, with our advertisers and other third parties at our discretion.
Business Transactions
In the event we go through a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge and consent that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer's affiliates may continue to process your Personal Information as set forth in this Privacy Policy.
Changing or Removing your Personal Information and Closing your Account
If the Personal Information you provided when you registered changes, you may update this information by logging into your account and accessing your account settings. If you would like to remove some of the Personal Information you have posted on the Site, you may do so by editing or deleting that item in your My Profile & Setting area or your My Job area. If you no longer wish to participate in our Services you may close your account directly in the account settings portion of your account.
If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain information related to you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, Non Personal Information, account recovery, auditing our records, enforcing our rights and obligations under our agreements or if required by law.
Collection of Information from Children
OURBRIGHTLINK.COM's Site and Services are not intended for individuals under the age of 18. Accordingly, OURBRIGHTLINK.COM does not knowingly collect, either online or offline, personal information from individuals under the age of 18.
How We Protect Information
We have implemented industry-recognized safeguards to help protect your information from unauthorized access. These safeguards include:
OURBRIGHTLINK.COM uses SSL (Secure Socket Layer), the industry standard
method for computers to communicate securely without risk of manipulation or
recipient impersonation. We utilize SSL for all pages of the Site.
OURBRIGHTLINK.COM uses strong encryption technology to protect sensitive
information. OURBRIGHTLINK.COM employs firewalls, intrusion detection
systems, and system monitoring to protect against unauthorized access of our
systems.
Your user accounts are also protected by the password you use to access your online account with OURBRIGHTLINK.COM, and we urge you to take steps to keep your password safe. If you feel your password has been compromised, you should change it immediately. Access the login page and select “I Forgot My Password” in order to create a new password. After you have finished using our Site, you should log out of your OURBRIGHTLINK.COM account and exit your browser.
WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
Links to Other Websites
OURBRIGHTLINK.COM may provide links to other web sites that we believe may be of interest to our users. However, we are not responsible for the privacy practices employed by those web sites, nor are we responsible for the information or content they contain. This Privacy Policy applies solely to information collected by us through OURBRIGHTLINK.COM; thus when you use a link to go from our web site to another third party web site, this policy is no longer in effect. We encourage our users to read the privacy policies of these other web sites before proceeding to use them.
Changes to Our Privacy Policy
OURBRIGHTLINK.COM reserves the right to change this policy and our Terms of Service at any time. We will notify you about significant changes in the way we treat Personal Information by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect 30 days after we notify. Non-material changes or clarifications will take effect immediately upon posting of the updated policy on our Site. Your use of the Site or the Services after such effective date will constitute acceptance by you of such changes.
Contact Us
If you have any questions on our Privacy Policy, you can contact us via email at Support@OurBrightLink.com.