Terms of Use

Terms of Use

(Effective May 25, 2018)

These Terms of Use (“Terms”) apply to the BrightWave Marketing, Inc. (“BrightWave”) website, which can be accessed at www.brightwave.com (“Site”) and services accessed via the Site (“Services”).

These Terms explain our obligations to you, and your obligations to BrightWave in relation to your access and use of BrightWave’s family of websites (collectively, “Sites”). These Terms together with our Privacy policy represent the complete and exclusive statement of the agreement between us and supersedes any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.

The terms “we,” “us,” and “our” refer to the BrightWave. “You” refers to you, as a user of our Site or our Service.

Please review the following terms carefully.

By accessing our Site or using our Services, you agree to these Terms. Further, you affirm that you are at least 18 years old and that you are fully competent to enter into this agreement with BrightWave.

If you do not agree to be bound by these Terms in their entirety, please do not access or use the Site or Services.

USE OF THE SITE

Our Site is intended to inform and promote marketing consulting services to companies within the United States. BrightWave does not knowingly collect information or promote services to people under 13 years of age or of individuals outside the United States.

By using our Site you agree you will not use the Site for any unlawful or fraudulent purpose or in any manner inconsistent with these Terms.

You further agree that you will not violate or attempt to violate the security of the Sites, including without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the appearance, features, or functionality of the Sites; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with or interrupt in any way service to any user, host, network, or system including, without limitation, infecting, overloading, “flooding,” “spamming,” “mailbombing,” “crashing” or otherwise attacking the Site  or (vi) sending communications on behalf of the Site (i.e., impersonating BrightWave).

LINKS TO OTHER SITES AND/OR CONTENT

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content, software, applications or items belonging to or originating from third parties (the “Third Party Content”). These links are provided as a courtesy to you. We have no control over Third Party Sites or Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content.

Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement.

If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms, no longer govern.

You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

INTELLECTUAL PROPERTY

Our Content

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.

Your Content

Any material, information, or idea you develop or transmit through the Site by any means, will be treated as non-confidential and non-proprietary, and may be disseminated or used by us for any purpose whatsoever, including, but not limited to, developing and marketing products.

MODIFICATION

We can amend these Terms at any time and will update these Terms in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms.

PRIVACY POLICY

We respect your privacy. Please refer to our Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms.

DISCLAIMER OF WARRANTIES

BRIGHTWAVE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, THE SERVICES, THE INFORMATION OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK.THE SITE, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.

BRIGHTWAVE, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE.

BRIGHTWAVE AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE SITE OR THE BRIGHTWAVE SYSTEMS.  NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BRIGHTWAVE IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.

YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT BRIGHTWAVE IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, BRIGHTWAVE IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRIGHTWAVE, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, THE BRIGHTWAVE SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIGHTWAVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS.

DISPUTES

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, THE BRIGHTWAVE SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE UPS SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.

GENERAL

You may not assign these Terms or any of your interests, rights or obligations under these Terms.  If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.