Terms and conditions
Acceptance of the Terms of Use
These Website Terms of Use together with any documents they expressly incorporate by reference (collectively, “Terms of Use”) are entered into by and between You and BRIGHTN.CO (“Company,” “we,” or “us”) and govern your access to and use of mycarecanvas.com (“Website”), including any content, functionality, and services offered on or through the Website, whether you access the Website as a guest or a registered user.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Accessing the Website; Account Security
You are responsible for making the arrangements necessary for your access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of its features, you may be asked to provide registration details or other information. All the information you provide on the Website or otherwise must be correct, current, and complete and is governed by our Privacy Policy. By accessing or using the Website or providing registration details or other information, you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or we provide you with, a user name, password, or any other piece of information as part of our security procedures, you must treat that information as confidential, and you must not disclose it to any other person or entity. Your account is personal to you and you must not provide any other person with access to this Website or portions of it using your user name, password, or other security information. You must notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You must exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We may disable any user name, password, or other identifier, whether you chose it or we provided it to you, at any time in our sole discretion for any or no reason, including if, in our opinion, you violate any provision of these Terms of Use.
The Website contains interactive features, including the CareCanvas, and may contain other interactive features, for example personal web pages or profiles, user groups, message boards, chat rooms, or instant messaging (collectively, “Interactive Services”) that allow you to input, post, publish, display, submit, or transmit (collectively, “post”) content or materials (collectively, “User Contributions”) for your personal use or to other users or other persons on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any posted material as may be necessary for us to provide the Website and its Interactive Services to you.
You represent and warrant that: (i) you own or control all rights in and to the User Contributions and have the right to grant the above license to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) all of your User Contributions do and will comply with these Terms of Use
You are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for their content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content, legality, reliability, accuracy, or appropriateness of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We may: (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion; (ii) take any action with respect to any User Contribution that we consider necessary or appropriate in our sole discretion, including if we believe that the User Contribution violates these Terms of Use, infringes any intellectual property or other right of any person or entity, threatens the personal safety of Website users or the public, or could create liability for the Company; (iii) disclose your identity or other information about you to any third party who claims that the material you post violates their intellectual property, privacy, or other rights; (iv) take appropriate legal action, including without limitation, refer to you to law enforcement for any illegal or unauthorized use of the Website; or (v) terminate or suspend your access to all or part of the Website for any or no reason.
Without limiting the foregoing, we may cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THESE PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we will not review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it is posted. Accordingly, we are not liable for any action or inaction regarding posts or other transmissions, communications, or content provided by any user or third party. We are not liable or responsible to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any User Contributions or use of Interactive Services. User Contributions and use of Interactive Services must comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions and use of Interactive Services must not: (i) contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material; (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (iii) infringe any person or entity’s patent, trademark, trade secret, copyright, or other intellectual property or proprietary right; (iv) violate any person or entity’s right of publicity or privacy; (v) be likely to deceive any person or entity; (vi) impersonate any person or misrepresent your identity or affiliation with any person or organization; (vii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case; (viii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person or entity; (ix) involve commercial activities or sales; (x) promote illegal activity, or advocate, promote, or assist any unlawful act.
You must not, directly or indirectly: (i) use the website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) use the website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users, or expose them to liability; (iii) disable, overburden, damage, or impair the Website, use any software or device that interferes with the proper working of the Website, or otherwise interfere with the proper working of the Website; (iv) use any manual or automatic process or device to monitor or copy any of the material on the Website for any purpose not expressly authorized in these Terms of Use.
Aggregated Data
When you access or use the Website or its features, including the Interactive Services, we may, directly or indirectly through the services of third parties, collect information about your computer or other device, monitor your use of the Website and its features, and compile Aggregated Data. “Aggregated Data” means data and information related to Website and its features that is used by the Company in an aggregate and anonymized manner, including to compile summaries, reports, statistics, and other information related to the provision, operation, and usefulness of the Website and its features. All right, title, and interest in Aggregated Data, including Intellectual Property Rights, are owned solely by the Company. You agree that we may use Aggregated Data to the extent and in the manner permitted under applicable law as long as the Aggregated Data do not identify you.
The Website and its content, features, and functionality (including, without limitation, all software, information, text, images, video, audio, displays, and the design, selection, and arrangement of them) are owned by the Company, its licensors, or other providers of the materials and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal use only. You must not access or use any part of the Website or any services or material available through the Website for any commercial purpose. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except: (i) your computer may temporarily store copies of the material in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes; (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; or (iv) you may take the actions enabled by Interactive Services or social media features.
You must not modify copies of any materials from this site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you store, copy, print, download, modify, delete, or otherwise access, use ,or provide any other person with access or use to, any part of the Website in violation of these Terms of Use, your right to use the Website stops immediately and, at our option, you must return or destroy any copies of the material you have made.
No right, title, or interest in or to the Website or its content is transferred to you, and all rights not expressly granted under these Terms of Use are reserved by the Company.
The Company name and logo, the term CARECANVAS and the CARECANVAS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Reliance on Website Information
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on the information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance you or any other person places on the information.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials are solely the opinions and responsibility of the person or entity providing the materials and do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the materials on the Website may be out of date at any given time, and we are under no obligation to update the materials.
You may link to our homepage, as long as you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link that suggests our association, approval, or endorsement.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. These links may include advertisements or sponsored links. We have no control over the content of the linked sites or resources, and we are not responsible for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party sites or resources linked to this Website, you access them at your own risk and subject to the terms and conditions of those sites or resources.
The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR ANY OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Use, your unauthorized use of the Website, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
California law applies to this Agreement without regard for any choice-of-law rules that might direct the application of the laws of another jurisdiction. Exclusive jurisdiction lies with the courts of California for all actions or proceedings arising out of or relating to this Agreement.
Waiver and Severability
The Company’s waiver of a provision or the your breach of these Terms of Use is not a waiver of any similar or dissimilar provision or breach at the same, prior, or subsequent time. The Company’s delay or failure to exercise any right, power, or privilege under these Terms of Use is not a waiver of that right, power, or privilege, and does not preclude the Company from any other or further exercise of that or any other right, power, or privilege.
If any part of these Terms of Use is held to be unenforceable, that part must be eliminated or limited to the minimum extent as possible to achieve the same economic effect as the original part and the rest of these Terms of Use remain fully enforceable.
These Terms of Use constitute the entire agreement between you and the Company and supersede any other agreements, representations, or understandings (whether oral, written, express, or implied) that relate to the Website or subject matter of these Terms of Use.
This website is operated by BRIGHTN.CO, 16085 Veridian Circle, San Diego, CA 92127.
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@getcarecanvas.com