13 September 2018
1. SCOPE OF AGREEMENT
We reserve the right, in our sole discretion, and without any obligation or notice, to change this Agreement and improve or correct the information, materials and descriptions on the Site at any time, which you are responsible for reviewing. If, at any time, you choose not to accept the terms and conditions of this Agreement, do not access or use the Site in any manner.
The terms “we”, “our” and “us” mean Brightwell Payments, Inc.; our affiliates, directors, officers or employees, and the terms “you” and “user” mean any visitor to our website (“the Site”).
2. INTELLECTUAL PROPERTY
We retain all right, title and interest, including all intellectual property rights, in and to the information and content on the Site, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips. In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by Brightwell, including Brightwell’s registered trademarks, service marks, logos, brand names, and trade names (“Trademarks”).
You have no rights in and you will not use any Brightwell content or Trademarks, except as specifically permitted under this Agreement. You may not use or display Brightwell’s Trademarks in any manner without Brightwell’s prior written consent. Unless we specifically consent in writing, Brightwell’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits Brightwell.
Unless otherwise specifically set forth on the Site or unless written consent is provided, you may only use and access, download and copy the Brightwell content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the Brightwell Content. You acknowledge and agree that the Brightwell Content is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. All rights not expressly granted in this Agreement are reserved to us.
You expressly agree that the Site may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use the Site in any way that could result in criminal or civil liability.
Links may be established between our Site and websites operated by, or content provided from third parties.
We have no control over third party websites. Any such linking does not constitute an endorsement by Brightwell of such third parties and information we believe would be useful to you is provided on an “As-Is” basis with no warranties of any kind. In no event will we have any liability related to a third party website, product or service.
5. CHOICE OF LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Site shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict of laws rules. We operate the Site from our office in the United States. If you access or use the Site from a location other than the United States, you are responsible for ensuring that such access and use is permissible under the laws of the location in which you are located.
You agree (1) you will notify Brightwell in writing of any claim or dispute concerning or relating to your use of the Site, and (2) give Brightwell a reasonable period of time to address it before bringing any legal action, either individually or as a class member.
6. OTHER AGREEMENTS
This Agreement shall be subject to any other agreements you have entered into with Brightwell. If any such agreements conflict with the terms of this Agreement, the other agreements shall control.
We do not guarantee uninterrupted access to the Site. Brightwell may immediately suspend access to the Site for scheduled or unscheduled maintenance, upgrades, improvements or corrections and remove or discard any content without prior notice. Brightwell will not be liable to you for termination of access to the Site.
Failure by Brightwell to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
10. SECTION HEADINGS
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.