Terms & Conditions
BRIGHTWHISTLE, INC. WEBSITE TERMS AND CONDITIONS
Please read the following Agreement (“Agreement”) governing your use of this website, (the “Site”), which is owned by BrightWhistle, Inc. (“BrightWhistle,” “we” and “us”). Please read these terms and conditions carefully.
APPLICABILITY OF TERMS
These Terms and Conditions as well as the Privacy Policy will apply to your usage of the Site.
BRIGHTWHISTLE CLIENTS
Certain third parties (“BrightWhistle Clients”) have a contractual relationship with us under which they are allowed to use the Site to provide information to you and to make lawful use of the personal information you enter on the Site. PLEASE NOTE THAT BRIGHTWHISTLE CLIENTS ARE NOT EMPLOYEES OR AGENTS OF BRIGHTWHISTLE. ANY SERVICES RENDERED OR INFORMATION PROVIDED BY A BRIGHTWHISTLE CLIENT ARE DONE SO THROUGH ITS OWN COMPANY OR ENTITY. BRIGHTWHISTLE ASSUMES NO RESPONSIBILITY FOR THE ACTIONS, ADVICE, COUNSELING OR SERVICES OF BRIGHTWHISTLE CLIENTS, OR ANY INFORMATION THEY PROVIDE THROUGH THIS SITE OR THEIR OWN WEBSITE. BRIGHTWHISTLE MAKES NO WARRANTIES WITH RESPECT TO BRIGHTWHISTLE CLIENTS AND SHALL NOT BE LIABLE FOR THE ACTIONS OF BRIGHTWHISTLE CLIENTS UNDER ANY CIRCUMSTANCES. UNDER NO CIRCUMSTANCES SHALL BRIGHTWHISTLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE ACTIONS OF BRIGHTWHISTLE CLIENTS.
LINKING
The Site may contain links and pointers to other sites on the Internet that may be maintained by third parties, including BrightWhistle Clients. These links are not controlled by BrightWhistle and do not constitute an endorsement by us. We do not control, and are not responsible for, the availability, accuracy, or currency of such third-party sites or any information, content, products or services accessible from such third-party sites. Once you leave the Site and go to another site, be aware that those sites have terms and conditions that differ from the provisions provided there. We recommend that you review the privacy policy and terms and conditions of those sites prior to use. BRIGHTWHISTLE IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY RELATED TO ACTIONS OF SUCH LINKED SITES, THEIR TERMS AND CONDITIONS OR THE CONTENT OF SUCH SITES.
PROPRIETARY RIGHTS AND THIRD PARTY CONTENT
The Site and all text, documents, images, and other materials that are available or become available on this Site (the “Content”) (excluding Third Party Content as defined below), (collectively, “Copyrighted Material”) are all the copyrights of BrightWhistle. You hereby acknowledge the confidentiality of the Copyrighted Material and agree to maintain its confidentiality. You agree not to use any Copyrighted Material without the prior written permission of BrightWhistle.
All trademarks and service marks used on the Site are marks of BrightWhistle or authorized third parties. You agree not to use any marks contained on this Site without the prior written permission of BrightWhistle.
You understand and acknowledge that the Site and the Content may include data, statistics, articles and other information supplied by third parties (“Third Party Content”). Third Party Content is the intellectual property of those third parties. We use Third Party Content under license.
NO MEDICAL ADVICE
The Site and the Content are for informational purposes only. No medical advice is rendered through the Site by BrightWhistle or the BrightWhistle Clients, and the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you read on the Site. BrightWhistle does not recommend or endorse any specific procedures, products, tests, physicians, opinions, or other information that may be mentioned on the Site. Reliance on any information provided on the Site, whether by BrightWhistle, the BrightWhistle Clients or any other party is solely at your own risk. If you think you may have a medical emergency, call your physician or 911 immediately.
COMPLAINTS
If you have complaints about the Site, you may contact us at legal@brightwhistle.com or 75 5th Street NW, Suite 222, Atlanta, Georgia 30308. We may investigate your complaint; however, we are under no obligation to inform you of our findings or to respond back to you regarding your concern.
SITE DISCLAIMER
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SITE (INCLUDING ALL CONTENT, THIRD PARTY CONTENT, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES REGARDING THE ACCURACY OR SUITABILITY OF CONTENT OR THIRD PARTY CONTENT, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, BRIGHTWHISTLE AND THE BRIGHTWHISTLE CLIENTS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY BRIGHTWHISTLE OR THE BRIGHTWHISTLE CLIENTS. BRIGHTWHISTLE AND THE BRIGHTWHISTLE CLIENTS MAKE NO WARRANTIES THAT THE FUNCTIONING OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR CONTENT WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BRIGHTWHISTLE OR THE BRIGHTWHISTLE CLIENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ITS CONTENT.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of law.
INJUNCTIVE RELIEF
In the event you breach or threaten breach of this Agreement, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. You agree that in addition to any and all other remedies available BrightWhistle will be entitled to obtain relief by way of a temporary or permanent injunction to enforce the obligations set forth in this Agreement.
OTHER
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
MODIFICATIONS TO THE SITE
BrightWhistle reserves the right at any time to modify, suspend or discontinue any aspect or feature of the Site including, but not limited to, Content, hours of availability and equipment and/or software required for access or use of this Site. We may also change the terms and conditions set forth in this Agreement, and any subsequent use of the Site by you constitutes your agreement to such changed terms and conditions. You will receive an e-mail from us in the event that any material changes have been made to these terms and conditions. The email will contain a link that you can click to review the revised terms and conditions. Even if we fail to send you an e-mail, you will be required to affirmatively accept the revised terms and conditions the next time you log on to the Site to continue usage of the Site and Services.
PRIVACY POLICY
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy.
FORCE MAJEURE
We are not responsible for delays or any failure in performance resulting from acts beyond the control of BrightWhistle. Such acts include, but are not limited to, acts of God, strikes, acts of war, epidemics, governmental regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, or other disasters.