BriteCo Website Terms of Use

 

  1. AGREEMENT TO AND ACCEPTANCE OF TERMS OF USE

    BriteCo Inc. (“BriteCo”), makes available its website at www.brite.co (such website and any other website BriteCo may provide now or in the future under these Terms of Use, collectively, the “BriteCo Site”), and provides information, documents and other content through the BriteCo Site (collectively, the “Content”), and provides services available through the BriteCo Site (collectively, the “Services”) pursuant to the terms and conditions set forth below and the terms and conditions incorporated herein by reference (collectively, these “Terms of Use”), which constitute a legally binding agreement between BriteCo and (“you”).  For the avoidance of doubt, please note that BriteCo may make mobile apps or other software available for download (either through the BriteCo Site or through other platforms) under different terms of service and the terms of service to which you agree when downloading such mobile apps or other software, rather than these Terms of Use, will apply to such mobile apps or other software.  Similarly, the Services do not include, and these Terms of Use do not apply to the insurance products and coverages which may be promoted through the site (“Insurance Policies”), which require your application, and the insurer’s and/or BriteCo’s acceptance, and which are governed by the terms of any policy or policies issued to you and related documentation (collectively, the “Policy Documentation”).

    PLEASE READ THESE TERMS OF USE CAREFULLY. YOU MAY ACCEPT THESE TERMS OF USE DURING THE ACCOUNT REGISTRATION PROCESS OR LOGIN PROCESS, WHICH CONTAIN THE EXPRESS ACKNOWLEDGEMENT THAT YOU HAVE READ AND AGREE TO THESE TERMS OF USE.  YOU MAY ALSO ACCEPT THESE TERMS OF USE THROUGH YOUR ACTIONS. ACCESSING OR USING THE BRITECO SITE OR THE SERVICES CONSTITUTES YOUR AGREEMENT BY YOUR ACTIONS TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, THEN PLEASE DO NOT ACCESS OR USE THE BRITECO SITE OR ACCEPT THE SERVICES. THESE TERMS OF USE WAS LAST UPDATED ON JANUARY 23, 2019.

    ARBITRATION NOTICE: AS SET FORTH IN GREATER DETAIL IN SECTION 7 (“ARBITRATION”) BELOW, DISPUTES BETWEEN YOU AND BRITECO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING, SUBJECT IN EACH CASE TO THE LIMITED EXCEPTIONS DESCRIBED IN SECTION 7 (“ARBITRATION”) BELOW.

 

  1. AMENDMENTS TO THESE TERMS OF USE

    You understand that BriteCo may amend these Terms of Use from time to time on a prospective basis without notice to you.  A link to these Terms of Use is presented each time you log in to the BriteCo Site and, by completing the login process, you accept any amendments made since your last acceptance of the terms of these Terms of Use.  In addition, these Terms of Use are available for review each time you visit the BriteCo Site without logging in and use of the BriteCo Site constitutes agreement to the amended Terms of Use on a prospective basis.  Accordingly, you should review these Terms of Use each time you elect to log in to the BriteCo Site and each time you elect to visit the BriteCo Site without logging in.  BriteCo may elect to provide you with e-mail, text or other notice of any amendment these Terms of Use (and may summarize any such amendment), but neither the failure to provide, nor any inaccuracy in, any such notice shall affect your acceptance of the modified terms of these Terms of Use by logging into or use of the BriteCo Site.

    IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE TO THESE TERMS OF USE, YOU MAY REFUSE SUCH CHANGE BY DISCONTINUING ALL ACCESS TO THE BRITECO SITE AND CEASING ALL USE OF THE CONTENT AND SERVICES. IF YOU CONTINUE TO ACCESS THE BRITECO SITE OR USE THE CONTENT OR SERVICES IN ANY MANNER AFTER SUCH CHANGE BECOMES EFFECTIVE, SUCH ACCESS OR USE CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS OF USE.

 

  1. DESCRIPTION OF BRITECO SITE AND SERVICES OFFERED

    The BriteCo Site provides information concerning the Insurance Policies issued by third party insurers that BriteCo may promote or otherwise make available to consumers retail customers or prospective retail customers seeking to obtain replacement insurance for jewelry.  The BriteCo Site may also make available through the BriteCo Site functionality which permits users to complete and submit applications for Insurance Policies, monitor the status of Insurance Policies or pending applications, submit, monitor and/or review claims under Insurance Policies, and/or communicate with BriteCo concerning applications, policies and/or claims.  At its discretion, BriteCo may offer additional Services, or update, revise or otherwise modify the BriteCo Site and any Services or Content, in which case these Terms of Use shall apply to the modified BriteCo Site and any and all such additional or modified Services or Content. BriteCo reserves the right to discontinue, suspend, cancel or otherwise cease offering the BriteCo Site or any Services or Content, with or without prior notice, either generally or specifically with respect to you. You agree that BriteCo shall not be held liable for any such additions, updates, revisions, modifications, discontinuances, suspensions, cancellation or cessation of any of the BriteCo Site, Services and/or Content.

 

  1. REGISTRATION AND LOGIN

    In order to access certain features of the BriteCo Site, you will be required to complete the registration process (including express acceptance of these Terms of Use during such registration process) and meet the requirements imposed by BriteCo.  Subject to any commitments made by BriteCo in any Policy Documentation, BriteCo reserves the right to refuse any or all of the Services to (and to refuse registration of or deactivate the account of) anyone at any time, in its sole discretion. Without limitation to the foregoing, BriteCo reserves the right to refuse registration to (or suspend or terminate access to the BriteCo Site by or deactivate the account of) anyone who has previously had a prior registered account suspended or terminated for any reason.

    When you register to access the BriteCo Site, you will be required to select or be assigned a user name and a password that provides access to your account.  You agree that you will keep your password confidential and that you is responsible for maintaining the secrecy and confidentially of your password. You further agree that you are solely responsible for activities regarding your account and password (including activities by third parties using one of your accounts, whether or not authorized by you).  If you think there has been unauthorized use of your account or password, you agree to immediately notify BriteCo and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, BriteCo may suspend or terminate your account, which will prevent your use of the BriteCo Site. You understand that BriteCo is not responsible in any way and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

 

  1. ACCURACY OF INFORMATION PROVIDED

    When you register to access the BriteCo Site and participate in the Services and from time to time when you use the BriteCo Site and/or the Services, you will be required to provide additional information and data about yourself or your use of the Services and you may be required to upload copies of documents or other materials, the details of which shall be determined by the input requirements of the BriteCo Site from time to time.  You hereby represent, warrant and covenant that all of the information, text, software, data, documents, photographs, images, music, video, messages, tags or any other content and other materials you provide through the BriteCo Site or otherwise, whether through the registration process, through the functionality of the BriteCo Site or otherwise in connection with your use of the Services (collectively, your “Submitted Content”) is and will be accurate, correct, current and complete.  You further represent, warrant and covenant that you will maintain and promptly update your registration and profile information and all other Submitted Content you have provided with respect to your registration and profile with the BriteCo Site, so as to maintain their accuracy, correctness, contemporaneousness and completeness at all times.

    You agree that BriteCo may obtain, and hereby authorize BriteCo to obtain, information about you, including background, credit and other checks with respect to any criminal, professional or financial records, and you agree to provide any further necessary authorizations to facilitate such checks or BriteCo’s access to such records.  In the event that BriteCo determines that any information, documents or materials you submit through the BriteCo Site or otherwise provide to BriteCo are not accurate, correct, current and complete in all respects or the results of any investigation performed by BriteCo are not satisfactory to BriteCo in its sole discretion, BriteCo reserves the right to suspend or terminate your access to the BriteCo Site and the Services and/or deactivate your accounts, in its sole discretion.

 

  1. PRIVACY POLICY

    Information that you provide to BriteCo through the BriteCo Site or Services will be treated by BriteCo in compliance with the BriteCo Site’s Privacy Policy which can be accessed on the website and which is hereby incorporated into and made a part of these Terms of Use.

 

  1. ARBITRATION

    Any, claim, controversy, cause of action and/or dispute (each a “Claim”) either BriteCo or you have arising out of these Terms of Use or otherwise relating to the BriteCo Site, the Services or the Content shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes, except that each party retains the right: (a) to bring an individual action in small claims court and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  The arbitration shall be held in Chicago, Illinois. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.  EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.  Neither party consents or agrees to any arbitration on a class or representative basis, and the arbitrator shall have no authority to proceed with an arbitration on a class or representative basis. No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or class-wide arbitration shall be brought only in the United States District Court for the Northern District of Illinois or any State of Illinois court located in Cook County, Illinois.  Each party agrees to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and agree to not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise.  Notwithstanding the foregoing, in the event that BriteCo asserts a right to indemnification under these Terms of Use with respect to any third party action filed and pending in the court of another jurisdiction, BriteCo may assert such claim for indemnification in the court in which such third party action has been filed and the parties agree that both parties’ interests and judicial economy are served by resolving the indemnification claim in the same proceeding as the underlying third party claim subject to indemnification.

 

  1. ADDITIONAL REPRESENTATIONS AND WARRANTIES AND COVENANTS

    You represent, warrant, covenant and agree that:

    All of your Submitted Content is accurate, correct, current and complete and, in the event any Submitted Content maintained with respect to your profile or registration with the BriteCo Site becomes out of date or otherwise inaccurate, incorrect or incomplete, you will promptly update your Submitted Content to ensure its remains accurate, correct, current and complete.

    You have all necessary rights to submit all Submitted Content you provide to BriteCo through the BriteCo Site or otherwise and to grant the authorizations set forth in these Terms of Use with respect thereto and the use of such Submitted Content in accordance with these Terms of Use does not and will not infringe or misappropriate any intellectual property or other proprietary rights of any third party.

    You will utilize the BriteCo Site and perform all activities relating to these Terms of Use in accordance with all applicable laws and regulations.

    In the event that you do not comply with the requirements of these Terms of Use, BriteCo may suspend or terminate your access to the BriteCo Site and the Services and/or deactivate your accounts, in its sole discretion.

 

  1. OWNERSHIP OF SUBMITTED CONTENT

    BriteCo does not lay claim to ownership of any Submitted Content.  Therefore, you hereby grant to BriteCo a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, permit the use of, copy, reproduce, distribute, publish, modify, adapt or otherwise create compilations and derivative works from, publicly perform, publicly display and otherwise utilize in any manner all of the Submitted Content.  Notwithstanding the foregoing, you acknowledge and agree that any information or materials created or derived by BriteCo (or any person acting through BriteCo) from the Submitted Content are and shall remain the sole property of BriteCo and you hereby assign, convey and transfer to BriteCo any rights you may acquire therein.

 

  1. OWNERSHIP OF BRITECO SITE AND CONTENT

    Except for your Submitted Content, as between BriteCo and you, the BriteCo Site (including, any Software Components), the Services and all information, text, software, data, photographs, music, video, messages, tags or any other Content made available through the BriteCo Site or Services, and all intellectual property rights therein (including, without limitation, database rights, copyright, design rights, trademarks and other similar rights wherever existing in the world), are and shall remain the sole property of BriteCo and you hereby assign, convey and transfer to BriteCo any rights you may acquire therein. The BriteCo Site and the Content may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  Except as expressly authorized by BriteCo, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the BriteCo Site or any Content, in whole or in part. You will not attempt to hack, crack or otherwise access any portion of the BriteCo Site which is not made available by BriteCo in the ordinary course of making the BriteCo Site generally available to registered users.  BriteCo herein reserves the right to use security components that may permit digital Content to be protected (including, by way of example and not limitation, digital watermark technology), and you agree that use of protected Content is subject to usage guidelines established by BriteCo or any other providers supplying the Content. You shall not attempt to override or circumvent any such security components.

 

  1. FEEDBACK

    BriteCo may provide mechanisms for you to contribute feedback to the BriteCo Site or Services. If and to the extent that you submit any feedback, ideas, documents, suggestions and/or proposals concerning the BriteCo Site or the Services (“Contributions”), you agree that: (1) BriteCo is granted a worldwide, fully-paid, royalty-free, irrevocable, transferrable and fully-sublicensable, non-exclusive right and license to use, copy, reproduce, distribute, publish, modify, adapt or otherwise create derivative works from and otherwise utilize in any manner all such Contributions, (2) BriteCo is under no obligation to either compensate or provide any form of reimbursement in any manner or nature for any such Contribution nor is BriteCo under any obligation to ensure or maintain the confidentiality of any Contribution; and (3) BriteCo shall accordingly be entitled to make use of and/or disclose any such Contributions in any such manner as it may see fit. You further represent and warrant that your Contributions do not contain any type of confidential or proprietary information and are not subject to any proprietary rights of any third party.

 

  1. BROWSER CONFIGURATION

    The BriteCo Site may be accessed via a mobile website, in which case you may be required to have your browser configured to accept cookies. An explanation of cookies can be found in the BriteCo Site’s Privacy Policy.

 

  1. THIRD PARTY SERVICES AND CONTENT

    The Services may be made available or accessed in connection with third party services and content (including advertising) that BriteCo does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. BriteCo does not endorse such third party services and content and in no event shall BriteCo be responsible or liable for any products or services of such third party providers.  Without limitation to the foregoing, the BriteCo Site may contain references or links to third-party materials and services not controlled by BriteCo or its suppliers or licensors. BriteCo provides such information and links as a convenience to you and should not be considered endorsements or recommendations of such sites or any content, products or information offered on such sites. You acknowledge and agree that BriteCo is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked from the Service. SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

 

  1. CONDUCT ON BRITECO SITE

    You agree to follow the following basic rules of conduct when using the BriteCo Site and/or Services:

    You will comply with these Terms of Use and all applicable laws.

    You will ensure that you will not share your password with anyone.

    You will not post, upload or otherwise transmit to, through or in connection with the BriteCo Site any Submitted Content that (i) BriteCo determines to be unlawful, harmful, fraudulent, libelous, defamatory, vulgar, obscene, tortuous or illegal, or that BriteCo determines to be abusive, profane, harassing, hateful, and/or racially, ethnically, or otherwise objectionable, (ii) infringes or violates, or potentially infringes or violates, any third party’s copyright, patent, trademark, trade secret, rights of publicity or privacy or other proprietary or intellectual property rights, (iii) may contain a virus, cancelbot, Trojan horse, harmful code, or other computer code, files and/or programs which have been designed to interfere, interrupt, damage, destroy and/or limit the functionality or operation of any computer software, hardware, or telecommunication equipment or surreptitiously.

    You will not disrupt the normal flow of communication, or otherwise act in any manner that would negatively affect other users’ ability to participate in any real time interactions through the BriteCo Site or Services.

    You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the BriteCo Site, or features that enforce limitations on the use of the BriteCo Site or any content therein;

    You will not modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the BriteCo Site or any software used on or for the BriteCo Site or rent, lease, lend, sell, redistribute, license or sublicense the BriteCo Site or access to any portion of the BriteCo Site.

    You will not access or use the Service for any commercial or business purpose, including without limitation

    You will not access or utilize the BriteCo Site for comparative or competitive research purposes, for the purpose of providing access to the Content or Services to any third parties (including for the purpose of obtaining for any third party any Insurance Policies or quotations therefor) or for any other purpose other than your personal, private purposes.

    You will not cause any third party to engage in, or assist or encourage any third party engaging in, any restricted activities identified above.

    If you violate any of the rules of conduct set forth above, or any other aspect of these Terms of Use, BriteCo reserves the right to suspend or terminate your account and your access to and use of the BriteCo Site and the Services without giving you any notice. BriteCo further reserves the right (but shall have no obligation) to at any time remove and/or delete any Content that BriteCo determines in its sole discretion to be inappropriate or undesirable for the BriteCo Site.

 

  1. INDEMNITY

    You shall indemnify and hold harmless BriteCo and its subsidiaries and affiliates and their respective directors, officers, shareholders, managers, members, employees, printers, contractors, licensors, suppliers, vendors, partners, agents and representatives (collectively “BriteCo Parties”) from and against any liability, loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, incurred or suffered by the BriteCo Parties and arising out of or in connection with (a) your Submitted Content; (b) any use of the BriteCo Site or Services by any person who uses the BriteCo Site or Services while logged on under your user name and password; (c) your violation of any provision in these Terms of Use; (d) your violation of any laws or of any rights of a third party, or (e) except to the extent of any indemnification obligations on the part of BriteCo under an Policy Documentation (if any), any other matter relating to your use of the BriteCo Site or Services.  SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 15.

 

  1. WARRANTY DISCLAIMERS

    The parties acknowledge that any Policy Documentation between BriteCo, rather than these Terms of Use, and you will govern the terms of any Insurance Policy you may obtain through BriteCo.  In particular, the BriteCo Site contains only general descriptions of coverages offered by BriteCo and does not include all the benefits and limitations found in the Insurance Policies.  Coverage and pricing are subject to underwriting review and approval and to the Policy Documentation.  Please review all Policy Documentation for any Insurance Policy in lieu of any general descriptions in the BriteCo Site website.

    ACCORDINGLY, YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE BRITECO SITE, SERVICES AND CONTENT ARE AT YOUR SOLE RISK. THE BRITECO SITE, SERVICES AND CONTENT ARE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS.  BRITECO EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO THE BRITECO SITE, SERVICES AND CONTENT, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WITHOUT LIMITATION TO THE FOREGOING, BRITECO EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES THAT (i) THE BRITECO SITE, SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS; (ii) THE BRITECO SITE, SERVICES OR CONTENT SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BRITECO SITE, SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE OBTAINED THROUGH THE BRITECO SITE, SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY ERRORS CONTAINED IN THE BRITECO SITE SHALL BE CORRECTED.  ANY SOFTWARE COMPONENTS OR CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE BRITECO SITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH SOFTWARE COMPONENTS OR CONTENT. SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 16.

 

  1. EXCLUSIONS FROM AND LIMITATIONS ON LIABILITY

    YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE BRITECO PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH THE BRITECO PARTIES MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR.  IN ADDITION, THE LIABILITY OF THE BRITECO PARTIES TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE RELATING TO THESE TERMS OF USE IS LIMITED TO THE GREATER OF $1,000 OR THE AMOUNT YOU HAVE PAID TO BRITECO IN THE TWELVE MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY. SEE SECTION 18 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 17.

 

  1. APPLICABILITY OF CERTAIN DISCLAIMERS, EXCLUSIONS AND LIMITATIONS

    THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS SET FORTH IN SECTIONS 13, 15, 16 AND 17 MAY NOT APPLY TO YOU.  Without limitation to the foregoing, the terms of Sections 13, 15, 16 and 17 do not limit or waive your rights as a consumer under the local state law of your State of residence, to the extent such laws apply to you, and the provisions of these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence.

    YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND COMPANY, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY, BRITECO’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT BRITECO WOULD NOT BE ABLE TO OFFER THE BRITECO SITE, CONTENT AND SERVICE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.

 

  1. NOTICE AND COMMUNICATIONS

    BriteCo may furnish you with notices relating to these Terms of Use by any reasonable means currently known or which may be developed including, but not limited to email, regular mail, MMS or SMS, text messaging, or postings on the BriteCo Site. To the extent that BriteCo uses any contact information you have provided through your registration of your user account or otherwise, you agree that transmittal in accordance with such contact information shall be deemed valid notice to you, and any failure by you to update such contact information shall not affect the validity of such notice given to you.

    If you wish to contact BriteCo, you may use the following contact information.

    BriteCo Inc.
    805 Greenwood St
    Evanston, Illinois 60201
    Email: [email protected]

    In addition to notices under these Terms of Use, by entering into these Terms of Use or using the BriteCo Site, you agree to receive communications from BriteCo, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Standard text messaging charges applied by your cell phone carrier will apply to text messages sent under these Terms of Use.

 

  1. GENERAL TERMS

    These Terms of Use shall govern the use of the BriteCo Site, Services and Content, superseding any prior version of these Terms of Use, and constitutes the entire agreement between you and BriteCo with respect to the BriteCo Site, Services and Content.  The headings in these Terms of Use are inserted as a matter of convenience only, and do not define, limit, or describe the scope of these Terms of Use or the intent of the provisions hereof. Common nouns and pronouns shall be deemed to refer to the masculine, feminine, neuter, singular and plural, as the identity of the person may in the context require.  The use of the words “include,” “including” or variations thereof in these Terms of Use shall be deemed to be by way of example rather than by limitation. No failure or delay in exercising or enforcing any right or provision of these Terms of Use shall constitute a waiver of such right or provision.  You and BriteCo mutually agree that the relationship between the parties shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.  The parties agree that there are no third-party beneficiaries to these Terms of Use.  BriteCo may at any time assign BriteCo’s rights under these Terms of Use or any part hereof.  You may not sell or assign any of your rights under these Terms of Use or any part hereof, either voluntarily or by operation of law, without the prior written consent of BriteCo.  Subject to the foregoing, these Terms of Use shall be binding upon BriteCo, you and BriteCo’s and your respective legal representatives, successors and assign