TERMS & CONDITIONS
Last Updated December 2022
www.brightlybranded.com (the "site" or "website") is owned and operated by Brightly Branded, LLC. The following are the General Terms and Conditions of Use set by Brightly Branded, LLC ( "we" or "us"), a Washington corporation. For the use and access of this site, you and Brightly Branded, LLC hereby agree as follows: Agreement to Terms The Terms and Conditions of Use are in conjunction with our Privacy Policy.
Please review our Privacy Policy to better understand our practice.
Please do not use this site if you do not want to be bound by these Terms and Conditions of Use and Privacy Policy.
Notice Brightly Branded, LLC reserves the right to modify (as we see fit), these Terms and Conditions of Use without prior notice. When such modifications are made complete and posted on this site, it will be immediately effective. Please feel free to periodically check any updates on our Terms and Conditions of Use. After modifications of The Terms and Conditions of Use are posted online, you are bound to follow the modified Terms and Conditions of Use should you continue to use this site. Site Operations Brightly Branded, LLC reserves the right to do the following regarding our website operations:
• Discontinue the web site anytime, without prior notice based on our discretion•discontinue and/or modify any portion of our site you are able to access. This may be done without prior notice based on our discretion. Any portion of our site may include, but are not limited to, online services, conduct of business, representation of goods sold, etc.•discontinue and/ or modify this site in full and/or any portion of, based on our discretion or based on any violation of any applicable law or harmful to the interests of another user of Brightly Branded, LLC or its affiliates. Content The "Content", for the purposes of Terms and Conditions of Use, will pertain to the site's text, images (i.e. photographs/pictures, graphics , illustrations, services, etc.), description, data, and other material. We will provide content that is current and accurate to the best of its knowledge. However, the site's content may contain errors and may be outdated.
The content provided is for informational purposes only for your potential interest in our products and services. The content may be modified and/or removed without prior notice based on our discretion. Therefore, the content is not binding to us in any way. The Site is a collaboration of content that is protected by copyrights, trademarks, service marks, proprietary right owned by us, and provided by our affiliate(s). Companies affiliated and/or in conjunction with us also have given permission and/or licensed their use of content to Brightly Branded, LLC. All content in this site are for viewing, informational, purchase and promotional purposes only.
You are not permitted to:
• Use, copy, modify, reproduce, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools at the Site.• use frames or frame techniques to incorporate trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brightly Branded or its affiliates without our express or written consent.• use any meta tags or any other "hidden text" utilizing name or trademarks without our express, written consent. If, for any reason, you find the content ( in its entirety/ or partly ) in this site to be offensive, or in violation of The United States or international copyright laws, please contact: amie@brightlybranded.com Links This website may contain external links. These external links lead to, but not limited to third party company sites, vendor sites, affiliate sites, etc. We DO NOT take any responsibility for any inaccurate content being provided to sites of these external links. We also DO NOT take responsibility should these external links lead to pages that may contain content that is offensive, or is in any violation of The United States or international copyright laws.
Forms
This site may contain form(s) for informational and promotional purposes. You may not submit our forms for:• any malicious scripting, unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racist, sexist, ethnically objectionable, or any form of unlawful discrimination content.• any conduct that would constitute any kind of criminal offense. Any content you provide to us for the purpose of promoting better service will be reviewed and may be posted. Furthermore, said content will then be considered property of Brightly Branded, LLC and will only be used for the purpose of promoting the business and/or providing better quality products and services for customers. Brightly Branded, LLC reserves the right to remove/modify any content you provide us without prior notice. Brightly Branded, LLC will not make modifications and will immediately remove, to any content you provide us, that will constitute as any offense, unlawful, hateful, slanderous, harmful, degrading, racist, sexist, ethnically discriminatory content. Contact information that is sent through these forms can and will be used to promote and advertise services that we or any of our affiliates offer. By sending Brightly Branded, LLC your email address through these forms, you agree that:• you are either the owner of the email address or have permission from the owner of the email address to fill out any of the site's forms• the email address can and will receive emails promoting and advertising the services that we or any of our affiliates provide. When you receive these emails, you may opt out in receiving further emails.• You are either the owner of the email address or have permission from the owner of the email address to fill out any of the site's forms Brightly Branded, LLC reserves the right to perform any legal investigation should any rules under our Terms and Conditions of Use are broken
REFUSAL OF SERVICE
Unless otherwise indicated, the Website is the property of Brightly Branded, LLC and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Brightly Branded, LLC and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Brightly Branded, LLC’s express prior written permission. Brightly Branded, LLC reserves all rights in the Website, Content and Marks.
Brightly Branded, LLC reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Brightly Branded, LLC reserves the right to limit the number of participants in any given online class or workshop or service offering. Brightly Branded may at any time change or discontinue any aspect or feature of the Site or Service.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final, unless otherwise stated in a guarantee.
Brightly Branded, LLC reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Brightly Branded, LLC are ownership of the company and are prohibited from being used by the Client in any way.If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.Brightly Branded, LLC reserves the right to take appropriate legal actions against Client for breach of this paragraph.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is the property of Brightly Branded, LLC and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Brightly Branded, LLC and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. calledThe Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Brightly Branded, LLC’s express prior written permission. Brightly Branded, LLC reserves all rights in the Website, Content and Marks.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Amie Baker, Brightly Branded, LLC from any claim against Amie Baker, Brightly Branded, LLC resulting from your posting of Materials to the site. For all Materials submitted by you to the Site or via email, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
USER REPRESENTATION
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
EARNINGS DISCLAIMER
Brightly Branded, LLC does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
LIMITATION OF LIABILITY
Brightly Branded, LLC and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures, or other damages or losses arising from Client's use of the Website. Additionally, Amie Baker, Brightly Branded, LLC, shall not be liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill, or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose, and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.Client agrees to defend, indemnify, and hold harmless Brightly Branded, LLC, its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client's representations and warranties set forth herein; (4) Client's violation of the rights of any third party, including but not limited to intellectual property rights.Notwithstanding the foregoing, Brightly Branded, LLC reserves the right, at Client's expense, to assume control and defense of any matter for which Client shall be required to indemnify Brightly Branded, LLC hereunder. Client agrees to cooperate with the defense of such claims.You agree that under no circumstances shall Brightly Branded, LLC, including Amie Baker, be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. The limitations of liability stated above and in the preceding paragraph shall apply to the fullest extent permitted by law. In no event shall Amie Baker's cumulative liability to you exceed the total purchase price of the Service you have purchased from Amie Baker, Brightly Branded, LLC, and if no purchase has been made by you, Amie Baker's, Brightly Branded, LLC's, cumulative liability to you shall not exceed $1.By using the Website or Service, you acknowledge and agree to the limitations of liability and indemnification provisions set forth herein.
INDEMNIFICATION
You shall indemnify and hold us, Including Brightly Branded, LLC and its directors, employees, members, independent contractors, or agents, harmless harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
WAIVER
No waiver of any of the provisions of this Agreement by Brightly Branded, LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Amie Baker.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Washington State as applied to contracts that are executed and performed entirely in Washington. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Tacoma, WA. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
DISCLAIMER
Earnings DisclaimerEvery effort has been made to accurately represent this product and its potential. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich scheme.”Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.