Terms of Use

Acceptance of Terms

Various online resources are offered at www.TheBright.com (this site) including, but not limited to: access to financial markets data, news and information, news, products, blogs, various insurance products, subscription legal services, various online materials, resources and content, original content, various forms of insurance, subscription legal services, and advertising provided by Third Parties which are all subject to the following Terms of Use Agreement (Terms of Use). Various online resources also include but is not limited to data, news, research information, original content, services, and other content and services which are also subject to the following Terms of Use. Your access and use of any or all of these various online services, various online resources, or anything made available on this site or in any part of this site (including but not limited to the news, data, information, shopping, services, military, police, fire, and EMS pages, web sites and web pages, any content provided, and any other provided information and/or services in any manner is your agreement to comply with the Terms of Use of this site. In addition to agreeing to the Terms of Use, you are agreeing to the Privacy Policies and Disclaimers (these items are collectively referred to as Terms of Use) posted on this site. If you do not agree with any part or item of these Terms of Use, you must immediately discontinue use of this site.

All visitors/users of this site are urged to exercise reasonable prudence in all interactions, transactions, and any and all other activities and/or conduct while using this site and/or contacting or responding to contacts made through use of, viewing, or employing any of the content, data, information, material, products, services, various online services, various online resources, software provided, included on, or otherwise made available through this site. You are urged to carefully review the privacy policies, terms or use, and any other related documents and materials of any and all of the Third Parties providing any form of content, information, products, services, and any other matter or materials to this site.

Although this site is intended for general use, children 18 years and under should not use this site.

Registration, My Account, Orders/Purchases, Return Policy, Damaged Goods

Registration at this site is voluntary on the part of the Registered User. At registration an email address and a password are collected; other actions or activities at this site may require additional information; for example: purchasing an item will require additional information. When you register and use this site you agree to provide accurate and complete information, and further agree to keep your registration information complete and accurate.

My Account area is made available to Registered Users of this site. This area is provided for use by the User to maintain their profile and other related activities. Users assume complete responsibility for the confidentiality and maintenance of, and the content of their My Account. You agree to notify us immediately of any security breach of your Account. TheBright.com® and Bright Mountain, LLC (Bright Mountain®, we or us as applicable) are not responsible for any losses arising out of the unauthorized use of your account.

Orders/Purchases Person(s) may purchase a variety of items and/or services (including but not limited to various watches, books, electronics, marine electronics, outdoor gear, sporting goods, insurance products, and subscription legal services) in the various sections of this site (which include, but are not limited to, the Shop and Services areas). You are responsible for conducting any necessary, prudent, appropriate, judicious investigation(s), research, inquiry, or due diligence with respect to your transactions on this site and your interactions with others.

Other parties in addition to Bright Mountain® offer products and/or services (including but not limited to various watches, books, electronics, marine electronics, outdoor gear, sporting goods, insurance products, and subscription legal services) in the various sections of this site (including but not limited to the Shop and Services areas of this site). These other parties may offer products and/or services in a variety of ways (for example: by means of a link or page(s) atTheBright.com®, or through a contact form). We do not, and do not have the responsibility to examine, evaluate, or warrant the offerings of any of these business or individuals, or the content of their websites. We do not assume any responsibility or liability for the actions, products, and/or content of all these and any other Third Parties providing products and/or services through this site.

We do not make any representations or warranties as to, and do not have the responsibility to examine, evaluate, or warrant the offerings of any Products and/or services, User Content Submissions/Posts/Advertisements, or Third Party products, services, or items made available on this site. We do not assume any responsibility or liability for the actions, products, communications, interactions, transactions, damaged items, disputes or any relationships between you and any other user, Third Party, person or organization (“your interactions with others”) and/or content on the this site.

You agree to indemnify and hold Bright Mountain®, TheBright.com®, and all their agents, representatives, employees, and officers harmless from and against any claims, cause of action, demand or damages associated with or related to your interactions with others. Any attorney’s fees and costs incurred by Bright Mountain®, TheBright.com®, and all their agents, representatives, employees, and officers are included in this indemnification.

Please refer to the User Content Submissions/Posts paragraph below.

Risk of loss and title for items purchased pass to the buyer/purchaser upon delivery to the carrier by Bright Mountain®.

Returns: All sales are final, and returns are not accepted of any products that are used, opened, or otherwise not in their original condition. No returns are accepted without prior written authorization from us.

No refunds are available from Bright Mountain®, or TheBright.com® for posts and or submissions to this site and/or in any of the sections of this site. At the time of upload or submission of information a non-refundable/non-returnable transaction has taken place. Where applicable serial numbers on returned items must not be tampered with and match the serial numbers on our shipping records.

If a TheBright.com® product offering itself is not as described, the sole remedy is the return of the product unused. Return shipping and handling charges are not refundable and are the sole responsibility of the party returning the products. In addition, there is a 25% restocking fee. The restocking fee is based on the price paid for the purchased item.

Damaged items: The purchaser is required to inspect the carton for any damage due to shipping. It is not unusual for shipping cartons to show wear. However if the item(s) contained in the shipping carton were damaged as a result of, or in the process of shipping, please contact Bright Mountain® immediately atsales@TheBright.com. Provide the order number, the Serial Number where applicable, your email address, and your phone number. The remedy for items damaged in shipping will be a replacement of the damaged item, provided that the product is still offered and available at the time the returned item is received by Bright Mountain®.

Password

Registered Users supply a password when registering at TheBright.com®, and assume sole responsibility for any and all activities and actions in/under their account and/or their password. Registered Users also assume sole responsibility for maintaining the confidentiality of their password, account, and restricting access to their computer. You agree to notify Bright Mountain® immediately of any security breach of your password. Bright Mountain® is not responsible for any losses arising out of the unauthorized use of your password.

Typographical Errors

If at any time any content at TheBright.com® is incorrect due to typographical error or is inaccurate information Bright Mountain® retains the right to cancel and/or refuse purchases and/or orders placed based on such errors or information. Bright Mountain® does not warrant that any content contained in this or related sites is accurate, complete, reliable, current, free of errors or inaccuracies.

User Content Submissions/Posts

Person(s) posting or submitting content (content includes, but is not limited to: advertisements, files, messages, images, photos, video, links, or other materials) assume sole and complete responsibility for such content. Person(s) posting or submitting content represent and warrant that they own or control all of the rights to the content, that the content is accurate, that the use of that content does not violate this policy and will not cause injury or harm to any person or entity; and that you indemnify Bright Mountain® for any claims resulting for the content that has been posted or submitted. Bright Mountain® retains the right, but not the obligation, to monitor, edit or remove any content or activity.

We assume no liability or responsibility and do not make any representations or warranties regarding the authenticity, accuracy, completeness, or reliability of any content posted or submitted by users of this site, Third Party providers of any content. Users of this site that post or submit content grant Bright Mountain® a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, modify, adapt, publish, translate, create derivative works from, distribute, and display said content anywhere in any media. You grant Bright Mountain® and sub licensees, in their sole discretion, the right to use the name submitted in connection with said content.

Children under 13 and Children under 16

Personally Identifiable Information is not knowingly collected by this site from children 16 years of age and under. If Bright Mountain® learns that information has been collected from a child at or under the age of 16 without verification of parental consent the information will be deleted as quickly as reasonably possible.

Disclosure and Use of Your Communications; Electronic Communications

Visitors and Users of this site consent to receive electronic communications (e-mail) from Bright Mountain®. Bright Mountain® will communicate with Visitors/Users via e-mail or by posting notices to TheBright.com®. Visitors/Users of this site agree that all agreements, notices, disclosures, and other communications provided to you by Bright Mountain® electronically will satisfy any legal requirements for communication in writing.

User Submitted Data

Any data (which includes but is not limited to posts, advertisements, comments, and any other information or communication that a user posts ontoTheBright.com®) other than the Personally Identifiable Information covered under the Privacy Policy of TheBright.com® is considered to be non-confidential and non-proprietary. TheBright.com® has no, and will not assume any, obligations or liabilities with respect to any information posted (including but not limited to posts, advertisements, communications, and/or resumes) to or maintained on this site by any user. All data created by you is deemed under your control and in your possession. Bright Mountain® assumes no obligation to maintain such data and you agree to indemnify Bright Mountain® from any costs, claims, damages, losses, liabilities, and including attorney’s fees, associated with any request for such data.

Prohibited Conduct

Registered Users, Advertisers, and all those who use, make purchases at, and/or visit TheBright.com® site agree that they will NOT personally or in any manner effect or invoke any other party to:

  1. Harass, demean, stalk, threaten, defraud others at TheBright.com®
  2. Post, send, provide, request, distribute, link, or in any way make available any inappropriate or offensive content or materials including, but not limited to: pornographic or sexually explicit, threatening, hostile, violent, embarrassing, harmful, hateful, racially insulting, ethnically insulting, deceptive, defamatory, tortious, libelous, or otherwise inappropriate or offensive content or material
  3. Post, send, provide, distribute, request, link, make, discuss, depict, or in any way make available any form of child, or any other, person or creature, abuse, cruelty, sexuality, exploitation, or any other related materials or topics posing harm to, or threatening the security of a child or an individual.
  4. Post, make, request, send, link, or provide inappropriate or unsolicited advertisements, offers, or proposals for services, goods, or any other commercial activities.
  5. Access or attempt to access another person’s account at TheBright.com®, or impersonate another person of Bright Mountain® staff member.
  6. Obtain without permission or by hacking, or encourage another person to obtain user name(s), password(s), and/or any other information fromTheBright.com®; or provide any such information to a Third Party.
  7. Use any of the information or site features for anything other than what they are intended to be used for. This includes the exploitation of any issues or glitches at this site for personal gain.
  8. Interfere, or intentionally interfere with, the security-related features, the operation of this site, or a member’s enjoyment or use of this site; including trolling or any other such behaviors.
  9. Use this site, or encourage or entreat others to use this site for any illegal purpose or intent.
  10. Default on payments for purchases made at this site.
  11. Post, send, provide, request, link, distribute or in any way make available any content containing software viruses, code intended to damage, or otherwise interfere with any system, hardware, software, equipment, data, or any other information.
  12. Engage in misrepresentation of any sources, identification of, or content of information transmitted to TheBright.com®, including false representations, or trademark, patent, or any other right or right of ownership infringement. For example: you are precluded from claiming as your own work anything created by another person.
  13. Attempt or encourage another to attempt to disassemble, decipher, reverse engineer, decompile, or in any manner attempt to attain any source code, underlying algorithms, or original ideas or content of any part of TheBright.com®.
  14. Attempt, or encourage another to attempt to conduct to violate the security of this site, content, databases, services provided, network, Third Parties, or Third Party provided information/services, including, without limitation: a) accessing data or logging into servers, accounts, or databases unintended for such user(s), or which the user is not authorized to access; b) to probe, scan or test the vulnerability; c) to breach security or authentication measures without proper authorization; d) to interfere via means of, but not limited to, submitting a virus, overloading, “flooding”, “spamming”, “mail bombing”, “crashing”, or sending unsolicited email including promotions and/or advertising of products or services, or forging any TCP/IP packet header on any part of the header information in any posting; e) to use any device, software, or routine to interfere, or attempt to interfere with proper functioning of this site, content, databases, services provided, network, Third Parties, or Third Party provided information/services.
  15. Taking, or encouraging another to take intentional actions which impose an unreasonable or disproportionately large load on the infrastructure of this Site, its services and content, server, or Third Parties or Affiliates.

Use of this site

This site is for non-commercial use. You are not permitted to use this Web Site or its contents for any commercial or non-personal purpose (direct or indirect).TheBright.com® and Bright Mountain, LLC reserve the right to prevent and/or terminate the access to this site of any party that violates in any way this Terms of Use.

Termination

Bright Mountain® reserves the right to block, remove, or terminate any user’s access at any time for any reason. Further, if you fail, or are suspected to have failed, to comply with any of the provisions of this Terms of Use, Bright Mountain® has the right, without notice to you to block, remove, or terminate your account, and you will remain liable for any monies due up to the date of the termination of your account.

Ownership Notice and Usage Restrictions

This website is intended for your personal and non-commercial use only. All of the content, information, data, Third Party content supplied information, and any other information provided in this site is NOT intended for reproduction, distribution, sales or transmission by or for any business, commercial or public purposes. All materials that are included on this site are protected by their applicable laws (these laws include US and International copyright and trademark laws), and any unauthorized use, duplication, distribution or sales of such materials may violate copyright, trademark, and other applicable laws.

Third-Party Advertising Companies

When you visit TheBright.com® third-party advertising companies may serve ads to you. These companies employ behavioral advertising techniques, and may use information about your visits to websites to tailor advertisements about goods and services to your interests. Unless otherwise stated your name, address, email address, or telephone number are not included in the information used by these advertisers. Please Click Here for more information about this practice, and to find out about opting out of targeted advertising from these companies. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through TheBright.com®, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that Bright Mountain® shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on TheBright.com®.

Indemnification

By virtue of your accessing TheBright.com® you agree that you are solely responsible for use of this website. In addition you further agree to indemnify and hold harmless Bright Mountain®, any and all of its affiliated companies/businesses, suppliers, partners, licensors, and other parties from any claims, damages, losses, liabilities, and including attorneys’ fees which arise out of your misuse or use of this site, violation of these terms, or the violation of any persons or entities rights, or any breach of the warranties, representations, and covenants made by you herein.

Disclaimer of Warranty and Limitation of Liability

THIS WEBSITE AND ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, VETERANS HONOR ROLL, SERVICES, NEWS, AND SERVICES PROVIDED OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED TO VISITORS/USERS “AS IS” AND ON AN “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRIGHT MOUNTAIN® DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION OR ACCURACY OF THIS SITE, OR OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, SOFTWARE, VETERANS HONOR ROLL, SERVICES, NEWS, AND SERVICES PROVIDED, INCLUDED ON, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE. FURTHER, BRIGHT MOUNTAIN®, TO THE FULL EXTENT PERMISSIBLE BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. BRIGHT MOUNTAIN® DOES NOT WARRANT OR REPRESENT THAT THIS SITE AND ANY AND ALL CONTENT, INFORMATION, MATERIALS, DATA, PRODUCTS, SOFTWARE, VETERANS HONOR ROLL, SERVICES, NEWS, AND SERVICES PROVIDED, INCLUDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS ARE FREE OF ERRORS, DEFECTS, VIRUSES, BUGS, WORMS, OR ANY OTHER HARMFUL COMPONENTS OR ITEMS. BRIGHT MOUNTAIN® SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OR MISUSE OF THIS SITE, OR FROM ANY CONTENT, INFORMATION, MATERIALS, DATA, PRODUCTS, SOFTWARE, VETERANS HONOR ROLL, SERVICES, NEWS, AND SERVICES PROVIDED, INCLUDED, OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. VISITORS/USERS OF THIS SITE AGREE THAT THEY USE THIS SITE AT THEIR OWN RISK.

Reservation of Rights

Bright Mountain® reserves the right to take (in its sole discretion) any action or inaction as is allowed by law. These Terms of Use and documents referenced and incorporated herein constitute the entire representation made by Bright Mountain® regarding and relating to the subject matter of the Terms of Use. In the event that any part of these Terms of Use are declared or determined to be void, unlawful, invalid or unenforceable for any reason the remainder of these terms, conditions, and/or provisions will remain intact and will not be affected or impaired.

Modifications to Service

Bright Mountain® retains the right to temporarily or permanently, and in part or in whole, change, modify or discontinue TheBright.com® and/or any content on this site at any time and for any reason without prior notice.

Choice of Law and Choice of Forum

Person(s) visiting or using this site agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute that might arise. Any dispute relating in any way to your visit to this site or to products or services sold or distributed by Bright Mountain® or through TheBright.com® shall be adjudicated by binding arbitration in Palm Beach County, Florida, and you consent to exclusive jurisdiction and venue therein and in any such court for the enforcement of any award of decision therefrom.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of TheBright.com® and/or by and between you and Bright Mountain® and/or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Applicable Laws And Governing Language

Any person(s) who elect to access this site from outside of the United States of America do so at their own initiative, and by such election and initiative are assuming the responsibility for compliance with any local laws applicable to their use and access of this site. The Terms if Use herein disclosed are governed by and constructed in accordance with the applicable laws of the United States of America, and are without giving effect to any principles of conflicts of laws.

When and if any Bright Mountain® and/or TheBright.com® document (including, but not limited to the Terms of Use Agreement(s), Privacy Policy(s), or Disclaimer(s)) is translated for local requirements and/or use the English version of said document shall govern. In addition, in the event of any dispute between the English and any translated (Non-English) document, the English Document shall prevail, shall govern.

Our Address

Bright Mountain, LLC P.O. Box 812158 Boca Raton, FL 33481
http://www.TheBright.com info@TheBright.com

General Agent

Susan J. Manwaring, Florida License #W146316 Whole Agreement: Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply. Headings: Headings in these Terms of Use are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms of Use.