The Site is offered to You pursuant to Your acceptance without modification of these Terms. Your use of the Site constitutes Your agreement to all such terms, conditions, and notices included herein.
MODIFICATIONS. Brightstar reserves the right to modify the Site and the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site, at any time. You understand and agree that Your use of the Site constitutes Your acceptance to such modifications. Brightstar may also make changes to the products and/or services described in the Site at any time.
PROHIBITED USE. As a condition of Your use of the Site, You warrant to Brightstar that You will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain, or attempt to obtain, any data or other content from the Site through means not intentionally made available to You or otherwise provided for through the Site.
USE OF COMMUNICATION SERVICES. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities (collectively, "Communication Services") designed to enable You to submit comments, reviews, photos, statements, ideas, or other content (collectively, "Submissions"). Always use caution when giving out any personally identifying information. You agree that all such Submissions will comply with these Terms and will not otherwise be considered, in Our sole discretion, vulgar, indecent, unlawful, libelous, defamatory, offensive, abusive, obscene, threatening, false, explicit, SPAM, or otherwise objectionable material. Submissions must not violate Our intellectual property rights, or the intellectual property rights of any other party. You may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead Us as to the origin of the Submission. You may not also communicate information that relates to self-promotional materials, advertising, political content, or commercial solicitations. You represent and warrant that You own or otherwise control all of the proprietary rights to Your Submissions and that You will indemnify Brightstar for all claims resulting from Your Submission(s).
Brightstar has no obligation to monitor the Communication Services and does not control or endorse the content, messages or information found in any Communication Service. While Brightstar reserves the right to edit, refuse to post or to remove any Submission, Brightstar does not take any responsibility and assumes no liability for any Submission, or Your use of the Site and/or any Communication Service. Brightstar reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You download the materials.
LEGAL DISCLOSURE Brightstar reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
MATERIALS PROVIDED TO BRIGHTSTAR OR POSTED ON THE SITE. Brightstar does not assert ownership of the materials You provide to Brightstar (including feedback and suggestions) or post, upload, input or submit to any Brightstar Web Site or its associated services (collectively "Submissions"). Except for documentation submitted in conjunction with an insurance claim or service request, You grant Brightstar permission to use Your Submission in connection with the operation of Our Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission and to publish Your name in connection with Your Submission. Brightstar will not disclose or otherwise make public documentation submitted in conjunction with an insurance claim or service request.
No compensation will be paid with respect to the use of Your Submission. Brightstar is under no obligation to post or use any Submission and may remove any Submission at any time in Brightstar's sole discretion.
By posting, uploading, inputting, providing or submitting a Submission, You warrant and represent that You own or otherwise control all of the rights to the Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submission.
NO WARRANTIES. ALL CONTENT AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. BRIGHTSTAR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRIGHTSTAR AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
BRIGHTSTAR MAKES NO REPRESENTATIONS ABOUT THE COMPLETENESS, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRIGHTSTAR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ALL CONTENT ON THIS SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRIGHTSTAR DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE FOR DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF BRIGHTSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION. To the extent permitted by applicable law, You agree to indemnify, and hold Brightstar and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any and all losses, claims, demands, expenses, damages, and costs arising (including attorneys’ fees), made by any third party due to or arising out of Your use of the Site, Your violation of these Terms, or Your violation of any law or any rights of another. At Your expense, Brightstar reserves the right to assume the exclusive defense and control of any matter which You are required to indemnify Brightstar against and You agree to cooperate in Brightstar’s defense of such matter. This indemnification provision will survive the termination of these Terms.
TERMINATION/ACCESS RESTRICTION. Brightstar reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice.
You agree that if We do not exercise or enforce any legal right or remedy that is contained in these Terms (or which We have the benefit of under any applicable law), this will not be taken to be a formal waiver of Our rights and that those rights or remedies will still be available to Us.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms will continue in effect.
Brightstar's performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Brightstar's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by Brightstar with respect to such use. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
ENTIRE AGREEMENT. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Brightstar with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Brightstar with respect to the Site.
COPYRIGHT AND TRADEMARK NOTICES. All contents of the Site are protected by United States and international copyright laws. You may not modify, reproduce, or distribute the content, design, or layout of the Site or individual sections of the content, design, or layout of the Site or Brightstar trademark or logos without Brightstar’s written permission. The layout, organization, display, and compilation of the content of as well as all software and inventions used on and in connection with the Site are the exclusive property of Brightstar. Brightstar reserves all of its rights in the Site and its content.
TRADEMARKS. All trademarks, service marks, and logos that are used or displayed on the Site are owned by Brightstar or by third parties and are the property of their respective owners. You must obtain Brightstar’s written permission prior to using any Brightstar trademark or service mark. Unauthorized use of any trademarks, service marks, or logos used on the Site may be a violation of state, national, and international trademark laws. Brightstar’s custom logos, icons, graphics, and scripting on the Site are covered by trademark, trade dress, copyright or other proprietary law and may not be copied, modified, or used, in whole or part, without Brightstar’s written permission
COPYRIGHT INFRINGEMENT NOTIFICATION. Brightstar has a policy of removing data or content that violates applicable copyright law. Pursuant to section 512 of Title 17 of the United States Code, Brightstar has implemented procedures for receiving written notification of claim copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with Us, You will need to send a written communication to Brightstar at the address listed below, containing substantially the following information or such other information as may be required by section 512(c)(3) of the Copyright Act: (i) identification of the copyrighted work claimed to have been infringed or a representative list of copyrighted works if multiple copyrighted works at a single online site are covered by a single notification; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provide to locate the material; (iii) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number or an e-mail address where the complaining party can be reached; (iv) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (v) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (vi) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please direct any such notification to Brightstar Legal Department, 2325 Lakeview Parkway, Suite 700, Alpharetta, GA 30009. The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, request, or comments for technical support delivered to the foregoing address.