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TERMS OF USE

Last Updated / Effective Date: 02/12/2019

 

1. General

Welcome to Bright & Quirky. These terms of use (“Terms”) are applicable to any of the Bright & Quirky websites, including PositiveImpactFamily.com; LifelongFamilyLearning.com, IssaquahFamilyCounseling.com, BrightandQuirky.com, Hub.BrightandQuirky.com, and any other websites owned by Bright & Quirky, and their subdomains (collectively the “Sites”). The Sites are owned and operated by Bright and Quirky PLLC, a Washington State Professional Limited Liability Company (referred to as “we,” “us,” “our,” etc. or “Bright & Quirky”). We refer to all users or visitors of the Sites under these Terms generally as “you,” “your,” etc.

By using any of the Sites, or by creating an account with or through any of the Sites, you agree to be bound by and to use the Sites in accordance with these Terms, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Sites or to products and services available through the Sites or from Bright & Quirky. Accessing or use of the Sites in any manner, whether automated or otherwise, constitutes your agreement to be bound by these Terms. We encourage you to review these Terms carefully.

We reserve the right to change these Terms or any other terms or policies of any of the Sites at any time and at our sole discretion. When making changes, we will revise the "last updated" date at the top of these Terms, and changes will be effective immediately upon posting. Your continued use of the Sites following the posting of any changes will constitute your acceptance of such changes.

2. Intellectual Property Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Bright & Quirky, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Bright & Quirky. For information on requesting such permission, please contact us at support@brightandquirky.com.

3. Not For Emergencies

In the event of an emergency, call 911 (in the United States) or other emergency number.  DO NOT USE ANY OF THE SITES FOR EMERGENCY COMMUNICATIONS OR OTHER EMERGENCY PURPOSE.

4. Your Conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our web site may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this web site nor for any error or omission.

You explicitly agree, in using this web site or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortuous, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this web site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use this web site and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

5. Submission of Content on this Site

By providing any Content to our web site you agree to all of the following statements listed below:

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed;

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 4;

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

 

6. Regards to Communication

We do not make any representations or warranties as to the truth or accuracy of any statement made or materials posted on or through our site, forum, bulletin board, chat room, or any other user interactive area of our site. You agree and acknowledge that you assume the risk of any actions you take in reliance upon the information that may be contained in our site, forum, bulletin board, chat room, or any other user interactive area of our site.

We do not endorse or lend any credence for any statements that are made by any participant in our forum, bulletin board, chat room, or any other user interactive area of our Sites. Any opinions or views expressed by our Sites, forum, bulletin board, chat room, or any other user interactive area of our Sites by participants are their own. We do not endorse or support or otherwise give any credence or reason for reliance on any such statements or opinions.

You are fully responsible for your own statements and materials that you post in ourSites, forum, bulletin board, chat room, or any other user interactive area of ourSites and any consequences, whether or not foreseen, to any party who may rely upon these statements. You agree that you will not take any action directed towards attempting to hold us responsible for any such materials or statements.

As a participant in ourSites, forum, bulletin board, chat room, or any other user interactive area of ourSites, you agree that we may remove any materials from ourSites, forum, bulletin board, chat room, or any other user interactive area of ourSites for any reason, in our sole discretion, or for no reason at all. This includes material which is disruptive, abusive, offensive, illegal, vulgar, pornographic, or any other material. You hold us harmless from and against any damage you or others may suffer as a result of our removal of any content from our forum, bulletin board, chat room, or any other user interactive area of ourSites or from the discontinuance of our forum, bulletin board, chat room, or any other user interactive area of ourSites at any time.

 

7. Children’s Online Privacy

It is important to Bright & Quirky that parents and guardians have control over what information is collected from their children online and how such information is or may be used. The Children’s Online Privacy Protection Act of 1998 (“COPPA”) imposes restrictions on commercial websites, including ours. It is our policy to be compliant with the requirements of COPPA and not to solicit or collect information about or from children age 13 and under.

Beyond the requirements of COPPA, we require that individuals be age 18 years or over to register as a member of the Service and thus it is our policy not to solicit or collect information about or from anyone under the age of 18. Users are cautioned, however, that absent a clear indication an online communication has been submitted by a person under age 18, the collection of Personal Information submitted to the Website will be treated as though it was submitted by an adult, and may, unless exempted from access by federal or state law, be subject to public access.

In the event that Bright & Quirky receives an online communication clearly indicating that it has been submitted by a person under the age of 18, under no circumstances will any Personal Information be published on the Website, be used for a purpose not intended by its sender or shared with third parties.

If you or your company would like more information about COPPA, please visit the Federal Trade Commission’s official COPPA page at www.ftc.gov.

8.  Other Privacy Considerations

Our Sites may provide public fora for discussion of matters of general interest.  We recommend that you carefully consider any Content you post.  Fora are not monitored for content but any information you post there is collected by us, and is subject to our Privacy Policy and these Terms of Use.

9. Disclaimers

The Sites may link you to other websites on the Internet. These websites may contain information or material that some people may find inappropriate or offensive. These other websites are not under the control of Bright & Quirky, and you acknowledge that Bright & Quirky is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of any link does not imply endorsement of the website by or any association with its operators.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Bright & Quirky. Neither Bright & Quirky nor any third-party provider of information guarantees or warrants the accuracy, completeness, or usefulness of any content. Bright & Quirky has no duty to update or maintain such information and such information is subject to change without notice. Bright & Quirky neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Bright & Quirky representative while acting in his/her official capacity. You acknowledge that a healthcare provider or other professional being listed or referenced on any of the Sites does not constitute an endorsement or recommendation by Bright & Quirky of such healthcare provider or other professional. We do not make any representations or warranties as to the services, expertise, or credentials of any of the healthcare providers or other professionals referenced on any of the Sites.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITES AND BY BRIGHT & QUIRKY AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITES, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR MATERIALS ON THE SITES OR ON THIRD-PARTY WEBSITES IN REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

10. Purchases

BY MAKING A PAYMENT, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER AND HAVE THE LEGAL RIGHT TO USE ANY PAYMENT MEANS USED BY YOU IN CONNECTION WITH THE PAYMENT.

11. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use or your registration, user account or password.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITES, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITES OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF THE SITES, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITES, OR WITH ANY OF THE SITES’ TERMS OR OTHER CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES AND THE PRODUCTS, SERVICES, AND/OR MATERIALS.

THE SITES ARE CONTINUALLY UNDER DEVELOPMENT AND BRIGHT & QUIRKY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THEIR ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITES: THE SITES OFFER GENERAL PARENTING INFORMATION AND ARE DESIGNED FOR EDUCATIONAL AND IDEA-GENERATING PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, THERAPY, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR, YOUR CHILD'S, OR YOUR FAMILY’S PHYSICAL OR MENTAL HEALTH, THEN YOU ALWAYS SHOULD CONSULT WITH A THERAPIST OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITES. THE USE OF ANY INFORMATION PROVIDED ON THE SITES IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THE SITES OR AVAILABLE THROUGH ANY OF OUR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE, COUNSELING,  OR OTHER LICENSED PROFESSION. FOR PURPOSES OF THESE TERMS, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, FAMILY THERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

USE OF THE SITES DOES NOT CREATE A DOCTOR-PATIENT, COUNSELOR-PATIENT, OR OTHER PROFESSIONAL RELATIONSHIP.

13. Termination and Modification

We may modify, suspend, or remove the Sites or any part of the Sites, or any services provided through the Sites at any time, with or without prior notice. We may cancel, suspend, or terminate your right to use the Sites or any parts of the Sites at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the parts of the Sites affected by such cancellation or termination. You acknowledge that we have no express or implied obligation to provide or continue to provide the Sites, or any part of the Sites, nor to provide any maintenance, technical or other support for the Sites. The restrictions imposed on you with respect to material downloaded from the Sites, and the disclaimers and limitations of liabilities set forth in these Terms, shall survive.

14. Refund Policy

Bright & Quirky will allow, upon request via email to support@brightandquirky.com, issue a product refund for any reason, if the request is made within fourteen days of purchase. For recurring billing subscription products, customers may cancel at any time. If a customer requests a cancellation for their recurring billing product, no future rebills will be charged to their account. Keep in mind, a cancellation will not generate a refund – it will only stop any future rebills.

15. Special Offers & Discount Codes

From time to time, Bright & Quirky may offer discount codes to be used on the Sites. These offers are frequently disseminated through the Sites and/or emails to registered users. Special offers also may be announced via other means of communication in conjunction with the promotion of the Bright & Quirky product collection.

We encourage our clients to redeem these special offers, but we respectfully ask that you do not exploit them. Bright & Quirky, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If you successfully circumvent the software safeguards of the Sites in order to receive multiple free products with your order, then we reserve the right to remove any extraneous free product(s) from your order, or to cancel the order in its entirety. You will be informed of any order changes via the contact information listed with your order.

16. Take Down Procedures - DMCA

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Bright & Quirky infringe your copyright, then you, or your agent may send Bright & Quirky a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Bright & Quirky actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, then the DMCA permits you to send to Bright & Quirky a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; See http://www.loc.gov/copyright for details. Such notice should be sent to our designated agent as follows:

Bright & Quirky

Attn: DMCA Agent

300 NE Gilman Blvd. Suite 100

Issaquah, WA 98027

Support@brightandquirky.com

Other (Non-Copyright) IP Infringement. Other (non-copyright) notices of potential infringement should include a statement as to the intellectual property or right potentially infringed, proof of ownership of the rights at issue, identification of the URL at which the potentially infringing material may be found, and a street address, telephone number, and email address where you can be reached. The notice should be in writing, and sent to the following address:

Bright & Quirky

Attn: DMCA Agent

300 NE Gilman Blvd. Suite 100

Issaquah, WA 98027

Support@brightandquirky.com

17. Assignment

These Terms shall be binding upon and inure to the benefit of Bright & Quirky and our respective assigns, successors, heirs, and legal representatives. Neither these Terms nor any rights hereunder may be assigned without the prior written consent of Bright & Quirky.

Notwithstanding the foregoing, all rights and obligations under these Terms may be freely assigned by Bright & Quirky to any affiliated entity or any of its wholly owned subsidiaries

18. Dispute Resolution.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington and any dispute shall be subject to binding arbitration in King County, WA. Arbitration will be performed under the rules adopted by the American Arbitration Association at the time a claim is filed with an arbitrator. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

19. Indemnification of Bright & Quirky.

You agree to defend, indemnify, and hold Bright & Quirky and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of the Sites or from your breach of any obligation, warranty, representation or covenant set forth herein. We reserve the right to cooperate with law enforcement officials and court officials in the investigation or prosecution of any crime or lawsuit. You agree to hold Bright & Quirky harmless from any consequences or actions taken by Bright & Quirky in cooperation with such law enforcement investigation or court order.

20. Severability and Integration.

Unless otherwise specified herein, these Terms constitutes the entire agreement between you and Bright & Quirky with respect to the Sites and supersedes all prior or contemporaneous communications between you and Bright & Quirky with respect to the Sites. If any part of these Terms or other conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

21. Jurisdiction.

These Terms shall be governed by and construed in accordance with the laws of the State of Washington. You hereby consent to binding arbitration in the State of Washington to resolve any disputes arising under these Terms or other conditions.

22. Nonwaiver.

Our failure to exercise or enforce any right shall not operate as a waiver of such right. Our waiver of a breach of these Terms or additional terms shall not waive any other provision or operate as a waiver of a subsequent breach of the same provision.

Contact. If you need to reach us, please contact customer support at: support@brightandquirky.com.

Or, you can mail us at:
Bright & Quirky
300 NE Gilman Blvd, Suite 100
Issaquah, WA 98027