Read our terms below to learn more about your rights and responsibilities as a Brite User.
Updated January 1, 2023
These AUP Guidelines provide to you a personal, revocable, limited, non-exclusive, and non-transferable license to use the Services conditioned upon your continued compliance with these AUP Guidelines. Brite reserves all rights not granted in the AUP Guidelines.
Your Content & Your Permissions
Acceptable Use Guidelines
By accessing or using the Services, you agree to do so responsibly and to not misuse the Services or help anyone else do so. This includes, but is not limited to, not doing or trying to do any of the following in connection with the Services:
- store, transmit or create libelous, obscene, deceptive, defamatory, pornographic, racist, sexual, hateful, unlawful, tortious or otherwise objectionable content (except as necessary for legitimate purposes, but in all cases in compliance with applicable laws and regulations);
- modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law;
- accessing or using the Services for any benchmarking purposes;
- harm, harass, threaten, or impersonate any person or violate the rights of any third party;
- probe, scan, or test the vulnerability of any system or network;
- interfere with or disrupt the integrity or performance of the Services;
- attempt to gain unauthorized access to the Services or its related systems or networks;
- introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Services;
- breach or otherwise circumvent any security or authentication measures;
- access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
- send unsolicited communications, promotions or advertisements, or spam;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- promote or advertise products or services other than your own without appropriate authorization;
- sell or re-sell the Services unless specifically authorized to do so;
- copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Services unless specifically authorized to do so;
- provide us with any individually identifiable health information that is subject to the Health Insurance Portability and Accountability Act;
- remove or destroy any copyright notices or other proprietary markings contained on or in the Service; or
- violate the law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to Brite in any way.
You must provide all equipment necessary to access the Services and are responsible for all fees incurred when accessing the Services. Additionally, you’re responsible for your conduct and Your Content and your compliance with these AUP Guidelines. Content in the Services may be protected by others’ intellectual property rights. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with these AUP Guidelines and terminate your access to the Services at any time and without notice. With that said, we have no obligation to do so. We aren’t responsible for the content people post and share via the Services. You are responsible for all compliance with TCPA related to any text services provided by Brite on your behalf.
The Services may contain links to third-party websites that are not under our control. We are not responsible for such third-party websites.
The Services are protected by copyright, trademark, and other US and foreign laws. These AUP Guidelines don’t grant you any right, title, or interest in the Services or others’ content in the Services. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged infringement after receipt of a proper notice that complies with the law and is received by our designated representative. We reserve the right to delete or disable content alleged to be infringing and terminate access to or use of the Services of repeat infringers. If you believe that any content in the Services in a way that constitutes infringement, please provide our designated agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the rights owner;
- a description of the content you claim is being infringed;
- a description or link to the location of the material claim is infringing;
- your physical address, telephone number and e-mail address;
- a statement that you have a good faith belief that the content is not authorized by the rights owner, its agent or the law;
- a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on behalf of the owner.
Contact information for Brite’s designated representative for notice of claims of infringement is as follows: email@example.com. Brite may also take any appropriate action in the event it receives a proper counter-notice under the law.
Termination & Right to Suspend
You’re free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you’re not complying with these AUP Guidelines, or using the Services in a manner that may cause us legal liability, disrupt the Services, disrupt others’ use of the Services or, in our sole opinion, reason, cause harm. All provisions of these AUP Guidelines, which by their nature should survive, will survive termination of the Services.
Services “As Is”
BRITE AND ITS PARTNERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” IN ADDITION, WE DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ANY CONTENT DOWNLOADED OR ACCESSED FROM THE SERVICES IS ACCESSED AT YOUR OWN RISK. BASED ON INFORMATION THAT YOU MAY SUBMIT THROUGH THE SERVICES, WE MAY MAKE CERTAIN RECOMMENDATIONS TO YOU (I.E., RECOMMENDATIONS FOR SPECIFIC MEDICAL OR OTHER BENEFIT PLANS). SUCH RECOMMENDATIONS ARE NOT INSURANCE ADVICE. SUCH RECOMMENDATIONS ARE FOR INFORMATIONAL PURPOSES ONLY AND BRITE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RESULTS OR SAVINGS THAT MAY BE OBTAINED AS A RESULT OF ANY SUCH RECOMMENDATIONS. BEFORE MAKING ANY MEDICAL OR FINANCIAL DECISIONS, WE RECOMMEND THAT YOU OBTAIN ADDITIONAL INFORMATION AND ADVICE OF PROFESSIONALS WHO ARE FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES. FURTHER, BRITE MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY THIRD-PARTY SERVICES, QUOTES OR OTHER OFFERS PRESENTED ON OR THROUGH THE SERVICES. BRITE DOES NOT ENDORSE ANY PARTICULAR SERVICE PROVIDER OR BENEFITS PLAN. BRITE ACTS SOLELY AS AN INTERMEDIARY BETWEEN YOU AND THIRD-PARTY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES PROVIDED BY SUCH THIRD-PARTY SERVICE PROVIDERS.
Limitation of Liability
YOU EXPRESSLY ABSOLVE AND RELEASE BRITE FROM ANY CLAIM OF HARM RESULTING FROM A CAUSE BEYOND BRITE’S CONTROL. YOU FURTHER AGREE THAT IN NO EVENT SHALL BRITE AND ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, OR ANY LOSS OF USE, DATA BUSINESS, OR PROFITS. THIS WILL BE REGARDLESS OF WHETHER OR NOT BRITE OR ANY OF ITS PARTNERS HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, BRITE AND ITS SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN ANY AMOUNTS RECEIVED BY BRITE FROM YOU AS A RESULT OF YOUR PERSONAL USE OF THE SERVICES IN THE 12 MONTHS PRECEDING YOUR CLAIM. IF YOU HAVE NOT PAID INDIVIDUALLY ANY AMOUNTS IN THE 12 MONTHS PRECEDING YOUR CLAIM, BRITE’S SOLE AND EXCLUSIVE LIABILITY SHALL BE NO MORE THAN $50. MOREOVER, BRITE SHALL NOT BE LIABLE FOR THE LOSS OR FAILURE TO STORE YOUR CONTENT, AND YOU UNDERSTAND AND AGREE THAT BY USING THE SERVICES, YOU AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION RELATED TO USE OF THE SERVICES OR BREACH OF THESE AUP GUIDELINES.
These AUP Guidelines and your use of the Services will be interpreted, governed and construed by the laws of Utah law except for its conflicts of laws principles, unless otherwise agreed in a separate written agreement with Brite or as required by a mandatory law of a competent jurisdiction.
These AUP Guidelines set forth terms governing your use of the Services, and supersede and replace any other prior or contemporaneous agreements applicable to the subject matter of these AUP Guidelines. These AUP Guidelines create no third-party beneficiary rights. These AUP Guidelines shall inure to the benefit of Brite and its respective legal representatives, successors, and assigns.
Waiver, Severability & Assignment
Brite’s failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these AUP Guidelines, and any such attempt will be void. Brite may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. If any provision of these AUP Guidelines is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these AUP Guidelines will remain in full force and effect.
We may revise these AUP Guidelines from time to time. By continuing to use or access the Services after the revisions come into effect, you agree to be bound by and subject to the revised AUP Guidelines.
For any notices relating to these AUP Guidelines, you may contact Brite by sending an email to: firstname.lastname@example.org.