Terms of Use

1. DEFINITIONS
BrightMedical.com is the web site maintained on the World Wide Web by Bright Medical. “The site” or “site” refers to BrightMedical.com. “User,” or collectively “Users,” refers to any party who accesses the site. “Bright Medical” refers to Bright Medical, Inc. “Access” means viewing or otherwise obtaining information located on BrightMedical.com. “Agreement” refers to theseTerms of Use and any subsequent modification.
2. ACCEPTANCE OF TERMS
By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement.Bright Medical reserves the right to modify these Terms of Use at any time without notice to User,including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use is effective immediately upon User’s receipt of notice from Bright Medical.Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use.Bright Medical has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. Bright Medical can restrict access to any or all portions of the site or remove any information or content from the site at any time. BrightMedical reserves the right to monitor use of the site. User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.
3. USER ACCOUNTS
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password.By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. Bright Medical reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
4. COPYRIGHT AND MARKS
All content on the site (with the exception of content provided by Bright Medical’s third party content providers and materials posted by Users) are the copyrighted property of BrightMedical. Other than the download to the viewer’s computer that is inherent in viewing a webpage, site contents may not be copied, reproduced, modified, published, uploaded, posted,transmitted, “framed” on another site, or distributed in any way without the prior written consent of Bright Medical. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner. Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material,but they are deemed to have given Bright Medical a license to the material sufficient for the purposes of operating the web site, which means Bright Medical can copy the
material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer’s machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide,transferable as part of any transfer of the web site in whole or in part, and fully-paid up. BrightMedical also has the right to remove User content from the site at any time for any purpose.
5. PROHIBITED CONDUCT
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
a) Use any device or other means to harvest information about other Users.b) Transmit, install, upload or otherwise transfer any virus or other item or process to thesite that in any way affects the use, enjoyment or service of the site.c) Transmit, install, upload or otherwise transfer any virus or other item to the site that inany way affects the use, enjoyment or service of any User’s or any Bright Medical employee’scomputer or other medium used to access the site.d) Post any material on the site that is offensive to any other User. Bright Medical maintains theexclusive right to determine what is offensive.e) Post or store on the site any content that violates or infringes the intellectual propertyrights of others (including but not limited to copyrights, trademarks, trade secrets, patentsand publicity rights).f) Modify the information, including headers, found on the web site.g) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisementor communication.h) Engage in any action which Bright Medical determines is detrimental to the use andenjoymentof the site.i) Use the site for any unlawful or defamatory means.j) Transmit, install, upload, post or otherwise transfer any information in violation of thelaws of the United States or post any information that could result in civil unrest.k) Attempt to access, or access, the personal information of another User which is stored onthis site.l) Permit any person to access this site using the User’s password.m) Attempt to, or access, this site using another User’s password.n) Use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,program, algorithm or methodology, or any similar or equivalent manual process, toaccess, acquire, copy or monitor any portion of the site or any content, or in any wayreproduce or circumvent the navigational structure or presentation of the site or anycontent, to obtain or attempt to obtain any materials, documents or information throughany means not purposely made available through the site. Bright Medical reserves the right tobar any such activity.o) Probe, scan or test the vulnerability of the site or any network connected to the site, orbreach the security or authentication measures on the site or any network connected to thesite, or reverse look-up, trace or seek to trace any information on any other User or anyother customer of Bright Medical, including any Bright Medical account not owned by you, to itssource, or exploit the site or any service or information made available or offered by or
through the site, in any way where the purpose is to reveal any information, including butnot limited to personal identification or information, other than your own information, asprovided for by the site.
6. DISCLAIMER AND LIMITATION OF LIABILITY
Although Bright Medical has attempted to provide accurate information on the site, it makes noguarantee or warranty, express or implied, as to the reliability, accuracy, timeliness orcompleteness of that information and assumes no responsibility for any errors or omissionstherein.USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE ISPROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANYKIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLYDISCLAIMED. NEITHER BRIGHT MEDICAL NOR ITS AFFILIATES, EMPLOYEES,AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FORANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATIONOR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOSTPROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL,CONSEQUENTIAL,COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEYHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS DISCLAIMERIS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OROMISSION OF BRIGHT MEDICAL, COMPUTER VIRUS OR OTHER SIMILAR ITEM,TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OFUSER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. BRIGHT MEDICALIS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR MISSIONSOF THIRD PARTIES THAT AFFECT THIS SITE.IN NO EVENT WILL BRIGHT MEDICALOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES,ASSIGNS OR THIRD PARTYCONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL NDUCTOF OTHER USERS.IN NO EVENT WILL BRIGHT MEDICAL OR ANY OF ITS FFILIATES,AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TOEQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURYTHAT ARISES IN CONNECTION WITH USE OF THE SITE.
7. THIRD PARTY CONTENT
Bright Medical is not the publisher or speaker of any information on the site that is provided bythird party content providers or by Users, and Bright Medical is not liable for any claims relatedto that information. Any mention on the site of products or services provided by third parties isfor informational purposes only and constitutes neither an endorsement nor a recommendation byBright Medical. Bright Medical assumes no responsibility for those products or services. Anydealings among any User and any third parties mentioned on or found through the site are solelybetween the Users and the third parties, and are subject to any terms, conditions, warranties orrepresentations associated with those dealings.BRIGHT MEDICAL MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OFTHE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEOF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS
NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITETHAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE.ADDITIONALLY, BRIGHT MEDICAL DOES NOT WARRANT THE EXISTENCE ORFUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINKLOCATED ON THIS SITE.
8. USER CONTENT
Bright Medical may from time to time and at its sole discretion post content on the site that hasbeen submitted to Bright Medical by User, including but not limited to product reviews or othercomments (collectively, “User Content”). User may not use a false e-mail address, impersonateany person or entity, or otherwise mislead as to the origin of any User Content.User retains thecopyright in any User Content and grants Bright Medical a nonexclusive,royalty-free,perpetual,irrevocable, and fully sublicensable right to use,reproduce,modify,adapt,publish,translate, createderivative works from, distribute, and display, throughout the world in any media, any and allUser Content. User also grants Bright Medical the right to use the name submitted by User inconnection with User Content, if Bright Medical so chooses. User represents and warrants thatUser owns or otherwise controls all of the rights to the User Content; that the user Content isaccurate; that use of the User Content does not violate this Agreement and will not cause injuryto any person or entity; and that User will indemnify Bright Medical for all claims resultingfrom the User Content. Bright Medical has the right but not the obligation to monitor and editor remove any User Content. Bright Medical takes no responsibility and assumes no liability forany User Content.
9. INDEMNIFICATION
User agrees to defend, indemnify and otherwise hold harmless Bright Medical and its officers,directors, agents, employees and assigns from and against any cause of action or claim, includinglegal fees, related to User’s use of the site.
10. SECURITY
Users are prohibited from violating or attempting to violate the security of the site. BrightMedical will investigate occurrences of possible violations and will cooperate with all applicablelaw enforcement authorities in prosecuting violators.
11. VIOLATION OF THESE TERMS OF USE
Bright Medical may disclose any information we have about you (including your identity) if wedetermine that such disclosure is necessary in connection with any investigation or complaintregarding your use of the site, or to identify, contact or bring legal action against someone whomay be causing injury to or interference with (either intentionally or unintentionally) BrightMedical’s rights or property, or the rights or property of visitors to or users of the site, includingBright Medical’s customers. Bright Medical reserves the right at all times to disclose anyinformation that Bright Medical deems necessary to comply with any applicable law, regulation,legal process or governmental request. Bright Medical also may disclose your information whenBright Medical determines that applicable law requires or permits such disclosure, including
exchanging information with other companies and organizations for fraud protection purposes.You acknowledge and agree that Bright Medical may preserve any transmittal or communicationby you with Bright Medical through the site or any service offered on or through the site, andmay also disclose such data if required to do so by law, or Bright Medical determines that suchpreservation or disclosure is reasonably necessary to: (1) comply with legal process, (2) enforcethese Terms of Use, (3) respond to claims that any data violates the rights of others, or (4) protectthe rights, property or personal safety of Bright Medical, its employees, users of or visitors to thesite, and the public.You agree that Bright Medical may, in its sole discretion and without prior notice, terminate youraccess to the site and/or block your future access to the site if we determine that you haveviolated these Terms of Use or other agreements or guidelines which may be associated withyour use of the site. You also agree that any violation by you of these Terms of Use willconstitute an unlawful and unfair business practice, and will cause irreparable harm to BrightMedical, for which monetary damages would be inadequate, and you consent to Bright Medicalobtaining any injunctive or equitable relief that Bright Medical deems necessary or appropriatein such circumstances. These remedies are in addition to any other remedies Bright Medical mayhave at law or in equity.You agree that Bright Medical may, in its sole discretion and without prior notice, terminate youraccess to the site, for cause, which includes (but is not limited to): (1) requests by lawenforcement or other government agencies, (2) a request by you (self-initiated accountdeletions), (3) discontinuance or material modification of the site or any service offered on orthrough the site, or (4) unexpected technical issues or problems.If Bright Medical does take any legal action against you as a result of your violation of theseTerms of Use, Bright Medical will be entitled to recover from you, and you agree to pay, allreasonable attorneys’ fees and costs of such action, in addition to any other relief granted toBright Medical. You agree that Bright Medical will not be liable to you or to any third party fortermination of your access to the site as a result of any violation of these Terms of Use.
12. TERMINATION OF AGREEMENT
Either Bright Medical or User may terminate this Agreement at its discretion. In addition to TireRack’s other rights, Bright Medical may terminate access to this site or cancel membership toany service that Bright Medical provides on the site, if User breaches this Agreement in any wayor engages in conduct that Bright Medical deems inappropriate. In the event of termination ofthis Agreement, the provisions in this paragraph and the provisions found in paragraphs 4, 5, 6,7, 8,9 and 11 shall survive.
13. LINKS
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of the site so long as the link does not portray Bright Medical or its products or services in afalse, misleading, derogatory, or otherwise offensive matter. User may not use any BrightMedical logo or other proprietary graphic or trademark as part of the link without express writtenpermission. Bright Medical reserves the right to terminate any link found on the site at any time.User may not utilize framing techniques to enclose any trademark, logo, or other Bright Medicalproprietary information (including images, text, page layout, or form) or use any meta tags orany other “hidden text” utilizing Bright Medical’s name or trademarks without Bright Medical’s
express written consent.
14. COPYRIGHT PROTECTION
Bright Medical honors the intellectual property rights of others and asks the same of Users ofthe site.Bright Medical may, in its sole discretion, terminate the accounts or access rights ofUsers whose actions infringe or otherwise violate the intellectual property rights of others. Ifyou believe your work has been infringed, please provide Bright Medical with the followinginformation:a) A physical or electronic signature of a person authorized to act on behalf of the owner of anexclusive right that is allegedly infringed;b) Identification of the copyright work claimed to have been infringed or, if multiplecopyrighted works at a single online site are covered by a single notification, a representativelist of such works at that site;c) Identification of the material that is claimed to be infringing or to be the subject of infringingactivity and that is to be removed or access to which is to be disabled, and informationreasonably sufficient to permit Bright Medical to identify the material;d) Information that is reasonably sufficient to permit Bright Medical to contact the complainingparty, such as address, telephone number and, if available, e-mail address;e) A statement that the complaining party has a good faith belief that use of the material in amanner complained of is not authorized by the copyright owner, its agent, or the law; andf) 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 rightthat is allegedly infringed.
Bright Medical can be contacted at:By mail:Bright Medical9150 Marshall St Ste 7Philadelphia PA 19114By email: webmaster@BrightMedical.com
15. MISCELLANEOUS
These Terms of Use constitute the entire agreement between Bright Medical and User regardingthe subject matter hereof. Any previous agreement, whether oral or written, between BrightMedical and User dealing with the subject matter hereof is superseded. If any portion of thisAgreement is found to be unenforceable for any reason, such portion will be deemed severed andwill not affect the enforceability of the remaining terms. Upon User’s breach of this Agreement,Bright Medical may pursue any legal or equitable remedy available, including but not limited to,direct, consequential and punitive damages and injunctive relief. Bright Medical’s remedies arecumulative and not exclusive. Failure of Bright Medical to exercise any remedy or enforce anyportion of this Agreement at any time shall not operate as a waiver of any remedy or of the rightto enforce any portion of the Agreement at any time thereafter. User agrees that regardless of anystatute or law to the contrary, any claim or action arising out of or regarding this Agreement mustbe filed within one (1) year after such claim or cause of action arose or be forever barred. BrightMedical makes no representation that the content of the site is appropriate or available for use in
all locations. Users of this site are responsible for compliance with all applicable local laws. Anydispute arising out of this Agreement shall be governed by the laws of the State ofPennsylvania,U.S.A, notwithstanding any conflicts of law principles. Any action relating tothis Agreement must be filed and maintained in a state or federal court located in PhiladelphiaCounty, State of Pennsylvania, U.S.A., and each User consents to exclusive jurisdiction andvenue in such courts for such purpose.