BrightOutcome

Terms of Use

Welcome to the BrightOutcome Inc. ("BRIGHTOUTCOME” or “we” or “us”) websites, including but not limited this BRIGHTOUTCOME website, affiliated websites and mobile phone application (together, collectively, the "Website").

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE. BY ACCESSING, USING AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE "TERMS"). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE.

TO THE EXTENT APPLICABLE, AND AS VARIED FROM WEBSITE TO WEBSITE, THIS WEBSITE MAY BE PROVIDED IN CONNECTION WITH CERTAIN SERVICES FOR HEALTHCARE PROVIDERS AND PATIENTS AND, IF SO, IS INTENDED FOR PROSPECTIVE USERS OF THOSE SERVICES AND ACTUAL USERS OF THE SERVICES (THE “END USERS”) AND THE PROVIDERS THAT USE THE SERVICES (THE “INSTITUTIONS”). DIFFERENT SECTIONS OF THE WEBSITE AND TERMS AFFECT END USERS AND INSTITUTIONS DIFFERENTLY, SO PLEASE BE SURE TO READ THESE TERMS CAREFULLY. END USERS MAY BE REQUIRED TO SIGN OR AGREE TO AN END USER AGREEMENT (THE “EUA”) AND INSTITUTIONS MAY BE REQUIRED TO SIGN OR AGREE TO A MASTER SERVICES AGREEMENT (THE “MSA”). IN THE EVENT THERE IS A DISCREPANCY BETWEEN THESE TERMS AND THE EUA, FOR END USERS, THE TERMS OF THE EUA SHALL GOVERN. IN THE EVENT THERE IS A DISCREPANCY BETWEEN THESE TERMS AND THE MSA, FOR INSTITUTIONS, THE TERMS OF THE MSA SHALL GOVERN.

ANY END USER UNDER THE AGE OF 18 MUST HAVE THEIR PARENT OR GUARDIAN CREATE THEIR ACCOUNT ON THE WEBSITE, AND HAVE THEIR PARENT OR GUARDIAN’S CONSENT WITH REGARD TO USE OF THE WEBSITE.

BRIGHTOUTCOME PROVIDES THE SERVICES ON THE WEBSITE TO YOU AS A SERVICE, BUT IS NOT A MEDICAL PROVIDER AND DOES NOT PROVIDE, REVIEW THE ACCURACY, ENDORSE OR OTHERWISE AFFECT THE SUBSTANCE OF ANY MEDICAL INFORMATION. BRIGHTOUTCOME HAS NO CONTROL OVER THE INFORMATION PROVIDED BY END USERS AND/OR INSTITUTIONS ON THE WEBSITE.

ALL END USERS SHOULD CONSULT DIRECTLY WITH THEIR PHYSICIANS OR OTHER MEDICAL REPRESENTATIVES FOR ANY HEALTH QUESTIONS OR CONCERNS.

IT IS VERY IMPORTANT TO NOTE THAT SOME OF THE INFORMATION YOU MAY PROVIDE THROUGH THE WEBSITE IS COVERED BY CERTAIN LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO HIPAA. IT IS IMPORTANT FOR YOU TO BE AWARE OF YOUR RIGHTS WITH REGARD TO YOUR HEALTH AND MEDICAL INFORMATION AND WE STRONGLY RECOMMEND YOU REVIEW ALL OF THESE TERMS BEFORE MAKING USE OF THE WEBSITE.

GENERAL PROVISIONS

Content, Specifications and Accuracy of Information: We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website.

All features, content, specifications, products, services, and prices of products and services described or depicted on this Website are subject to change at any time without notice.

Use of Website Content: All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services ("Materials" or “Content”), are provided either by BRIGHTOUTCOME or by respective third party authors, developers or vendors ("Third Party Providers") and are the copyrighted works of BRIGHTOUTCOME and/or its Third Party Providers (or is permitted/licensed to be used by Third Party Providers), unless specifically provided otherwise. Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of BRIGHTOUTCOME and/or a Third Party Provider. Also, you may not "mirror" or “archive” any Materials contained on the Website on any other server without BRIGHTOUTCOME’s prior express written permission.

Except where expressly provided otherwise by BRIGHTOUTCOME, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of BRIGHTOUTCOME’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by BRIGHTOUTCOME. BRIGHTOUTCOME does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by BRIGHTOUTCOME.

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

AUTHORIZED AGENTS

If you are using the Website on behalf of another person (“Patient”), you (“Authorized Agent”) are subject to these Terms, and you agree : (1) that the information you provide on the Patient’s behalf will be accurate and thorough, (2) that the Patient has agreed to allow you to use the Website on the Patient’s behalf and has provided you with all the necessary verbal or written consent to permit you to use the Website on his or her behalf, (4) that you will use the Website solely on behalf of, and for the benefit of the Patient, (5) that you will periodically review and update the information as necessary to provide complete and accurate information on behalf of the Patient, (6) that you will immediately remove any information entered on the Patient’s behalf when instructed to do so by the Patient, and (7) that the patient understands these Terms and agrees to them.

PROTECTED HEALTH INFORMATION

The use or disclosure of your Protected Health Information is protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) as modified and amended by the Health Information Technology for Economic and Clinical Health (“HITECH”) Act of 2009, and BRIGHTOUTCOME will comply with HIPAA, HITECH, and the regulations promulgated thereto, as applicable to BRIGHTOUTCOME.

BRIGHTOUTCOME may use or disclose your de-identified Protected Health Information for data aggregation by combining it with other de-identified personal or medical information for the purpose of data analysis, clinical research or other purposes, including but not limited to, commercial purposes such as the sale of the aggregated information.

BRIGHTOUTCOME has no ability to control and is not responsible or liable for the use or disclosure of your Protected Health Information by anyone when your Protected Health Information is part of the content of a Submission to a public portion of the Website, even if inadvertent; and BRIGHTOUTCOME has no ability to control and is not responsible or liable for any download, sharing, publishing, or further distribution or dissemination of such Protected Health Information by others after receipt of the communication.

BRIGHTOUTCOME has no ability to control and is not responsible or liable for the use or disclosure of your Protected Health Information by a recipient of any communication made by you or on your behalf by an Authorized Agent when your Personal Health Information is included in the communication, even if inadvertent, and BRIGHTOUTCOME has no ability to control and is not responsible or liable for any further distribution or dissemination of such Protected Health Information by the recipient or any further distribution or dissemination of such Protected Health Information after receipt, whether authorized by the recipient or not.

If you are a “Covered Entity,” and BRIGHTOUTCOME is your “Business Associate”, as those terms are defined by HIPAA and HITECH, BRIGHTOUTCOME will use and disclose Protected Health Information provided to us by you or created on your behalf only for those uses and disclosures permitted by HIPAA and HITECH and our Business Associate Agreement with you.

LINKS TO THIRD PARTY SITES

The Website may contain links or have references to websites controlled by parties other than BRIGHTOUTCOME. BRIGHTOUTCOME is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. BRIGHTOUTCOME is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BRIGHTOUTCOME of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by BRIGHTOUTCOME. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

SUBMISSIONS

Except where expressly provided otherwise by BRIGHTOUTCOME, all comments, feedback, information and data submitted to BRIGHTOUTCOME through, in association with or in regard to the Website and/or any other BRIGHTOUTCOME goods or services ("Submissions") shall be considered non-confidential and BRIGHTOUTCOME’s property. This may not include copyright ownership of images, including but not limited to photographs and videos which you may upload, but does include an express license to use said images in any method BRIGHTOUTCOME sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to BRIGHTOUTCOME, you agree to assign to BRIGHTOUTCOME, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant BRIGHTOUTCOME these rights. BRIGHTOUTCOME shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not BRIGHTOUTCOME, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity

BRIGHTOUTCOME reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any BRIGHTOUTCOME site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any BRIGHTOUTCOME site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law. You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18). If you do so, BRIGHTOUTCOME reserves the right to cancel or suspend your account. Furthermore, BRIGHTOUTCOME reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using BRIGHTOUTCOME for improper purposes, or any purpose inconsistent with its business.

CHILDREN

BRIGHTOUTCOME does not accept Submissions from persons under the age of 14 (“Child” or “Children”). Furthermore, BRIGHTOUTCOME does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 14.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BRIGHTOUTCOME EXCEED THE LESSER OF $100 OR THE AMOUNT PAID TO BRIGHTOUTCOME IN THE IMMEDIATELY PRECEDING TWELVE MONTHS. IN NO EVENT SHALL BRIGHTOUTCOME OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

LICENSES FROM BRIGHTOUTCOME

You are being granted solely a revocable, limited license, in compliance with these terms.

LICENSES FROM YOU

You grant to BRIGHTOUTCOME and its Third Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any data, information, Content or other Materials, provided to BRIGHTOUTCOME by you in the course of accessing and/or using the Website. Notwithstanding the foregoing, BRIGHTOUTCOME’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

BILLING AND PAYMENT

To the extent you purchase any goods and/or services through the Website, you agree to pay for all goods and services ordered from BRIGHTOUTCOME and/or its Third Party Providers except as set forth in a writing signed by an authorized representative of BRIGHTOUTCOME.

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into these Terms. BRIGHTOUTCOME warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as BRIGHTOUTCOME, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms their behalf.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BRIGHTOUTCOME, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, BRIGHTOUTCOME AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BRIGHTOUTCOME AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BRIGHTOUTCOME AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER BRIGHTOUTCOME NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BRIGHTOUTCOME IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BRIGHTOUTCOME, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS. BRIGHTOUTCOME EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

INDEMNITIES

You shall defend and indemnify BRIGHTOUTCOME and its Third Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against BRIGHTOUTCOME or its Third Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. BRIGHTOUTCOME shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the goods, services or Materials associated with the Website other than in accordance with these Terms; (b) the combination of the Website and/or the goods, services or Materials associated with the Website with any other products, services, or materials; or (c) any third party products, services, or materials.

YOUR RESPONSIBILITIES

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which BRIGHTOUTCOME controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

NOTICES

BRIGHTOUTCOME may give notice by means of a general notice on the Website, electronic mail to your e-mail address on record in BRIGHTOUTCOME’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in BRIGHTOUTCOME’s account information. You may give notice to BRIGHTOUTCOME at any time by letter sent by confirmed facsimile to BRIGHTOUTCOME, fax number 847.232.3361 or by letter delivered by registered mail with return receipt to: BrightOutcome Inc., 1110 Lake Cook Road, Suite 167, Buffalo Grove, Il 60089. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by confirmed facsimile, email or posting to the Website. Furthermore, BRIGHTOUTCOME complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to BrightOutcome Inc.’s designated agent via email at info@brightoutcome.com or via registered US mail sent return receipt to: DMCA Compliance Agent, BrightOutcome Inc., 1110 Lake Cook Road, Suite 167, Buffalo Grove, Il 60089.

MISCELLANEOUS PROVISIONS

Any action related to these Terms will be governed by Illinois law and controlling U.S. Federal law. No choice of law rules of any jurisdiction will apply. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Chicago, Illinois and to arbitration as stated herein. At the request of BRIGHTOUTCOME, any controversy or claim related to these Terms ("Claim") may be resolved by arbitration in accordance with the Federal Arbitration Act (Title 9, U. S. Code) (the "Act"). The Act will apply even though these Terms provide that it is governed by the laws of Illinois. Arbitration proceedings will be determined in accordance with the Act, the rules and procedures for the arbitration of financial services disputes of JAMS/Endispute, LLC, a Delaware limited liability company or any successor thereof ("JAMS"), except that discovery in said arbitration shall be limited in scope to the specifics of liability on the Claim, and any discovery related to damages calculations or any financials shall be withheld until after liability has been decided by the arbitrator(s). In the event of any inconsistency between the JAMS rules and this paragraph, the terms of this paragraph shall control. The arbitration shall be administered by JAMS and conducted in Chicago, Illinois. All Claims shall be determined by one arbitrator; however, if Claims exceed Five Million Dollars, upon the request of BRIGHTOUTCOME, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and enforced. The arbitrator(s) will have the authority to decide whether any Claim is barred by the statute of limitations and, if so, to dismiss the arbitration on that basis. For purposes of the application of the statute of limitations, the service on JAMS under applicable JAMS rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s). The arbitrator(s) shall have the power to award legal fees pursuant to the terms of these Terms. This paragraph does not limit the right of BRIGHTOUTCOME to: (i) exercise self-help remedies, such as but not limited to, setoff; (ii) initiate judicial or nonjudicial foreclosure against any real or personal property collateral; (iii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. In the event of any dispute (whether or not arbitrated), the prevailing party shall be entitled to reasonable costs and attorneys’ fees.

These Terms, together with any applicable EUA or MSA, represents the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. BRIGHTOUTCOME reserves the right to change these Terms or its policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between BRIGHTOUTCOME and you as a result of these Terms or use of the Website. You may not assign these Terms without the prior written approval of BRIGHTOUTCOME. Any purported assignment in violation of this section shall be void. BRIGHTOUTCOME reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith. The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by BRIGHTOUTCOME.

INTELLECTUAL PROPERTY NOTICES

Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by BRIGHTOUTCOME.

The BRIGHTOUTCOME trademarks and/or other BRIGHTOUTCOME identifiers referenced herein are trademarks of BRIGHTOUTCOME and/or its affiliates, and may be registered in certain jurisdictions.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact our Customer Service Department.