Terms of Use

Last updated October 19, 2022

 

Welcome to Be Light Care Consulting (“BLCC,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software services, together with all information, lessons, written materials, educational content, and ideas, including but not limited to intellectual property, (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “By checking here, I agree to the Terms of Use” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Use (“Terms”) as well as to the collection and use of your information as set forth in our Privacy Policy (collectively, the “Agreement”), whether or not you are a registered user of our Service. BLCC reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (each a “User”, and collectively, “Users”). Your use of our Service as a BLCC (defined below) is further governed by the BLCC Terms of Service.


BLCC may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will provide notice by posting the updated version and updating the “Last Updated” date. Your continued use of the Service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.


Please read this Agreement carefully to ensure that you understand each provision. This agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
 

  1. Eligibility.

This is a contract between you and BLCC. You must read and agree to these terms before accessing the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a legally binding contract with BLCC, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Unless specifically allowed by a portion of this Agreement, any use or access to the Service by anyone under 16 is strictly prohibited and in violation of this Agreement (and, if between 16 and 18 years old, you are registering with the supervision and with the consent of your parent or legal guardian, who also agrees to these Terms). The Service is not available to any Users previously removed from the Service by BLCC. You represent and warrant that:


a.) You are no younger 16  years old and, if younger than 18 years old, you are using BLCC with the supervision and consent of your parent or legal guardian, who also agrees to these Terms;


b.) You have not been prohibited from using or accessing any aspect of the Service by us or pursuant to any applicable law or regulation;


c.) You will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider; and


d.) You (and any account that you created or utilize) have not been previously banned or removed from the Service for
any reason;

 

2. User Accounts

a.) Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to BLCC with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
 

b.) You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify BLCC immediately of any breach of security or unauthorized use of your User Account. BLCC will not be liable for any losses caused by any unauthorized use of your User Account.


c.) By providing BLCC your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.


3. Service Rules

You agree to not engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to BLCC servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that BLCC grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes or for public performance or display; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein. Violation of any of these Rules is determined at BLCC’s sole discretion.


4. Limited License

Subject to the terms and conditions of this Agreement, including any payment that may be required to access the Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only, as permitted by the features of the Service, and not for resale or export. BLCC reserves all rights not expressly granted herein in the Service and BLCC Content (as defined below). BLCC MAY REVOKE ACCESS TO ANY BLCC CONTENT (AS DEFINED BELOW) AT ANY TIME FOR ANY REASON OR NO REASON.


If you are interested in obtaining any license other than the license provided above (e.g. a right to use your license in a teaching environment or the right to sublicense), you may contact us at info@belightcare.com.


5. User Interaction

Use of the Service is subject to the Acceptable Use Policy. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor interactions between you and other Users. BLCC shall have no liability for your interactions with other Users, or for any User’s action or inaction.


6. Additional Terms

Some products or services offered through the Service may have additional terms and conditions (“Additional Terms”). If Additional Terms apply, we will make them available to you in connection with that product or service. By using that product or service, you agree to the Additional Terms.


7. Fees and Payment

Fees. You agree to pay all amounts due in accordance with the payment terms in effect when you submit any request for BLCC Content (as defined below) or purchase any other merchandise or service through the Service, including but not limited to Subscriptions (as defined in the Additional Terms) including any applicable service, transaction, or processing fees.
 

Currency. All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase.


Payment. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. We accept various Payment Methods through a payment processor, such as Stripe. By using the Service, you agree to be bound by Stripe's Services Agreement available at https://stripe.com/us/legal. You can update your Payment Method by emailing info@belightcare.com. We may also update your Payment Method using information provided by your payment service provider. Following any update, you authorize us to continue to charge the applicable Payment Method. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.


Payment Questions. If you have a question about a purchase or a charge to your payment card, please contact us at info@belightcare.com. We have the sole discretion to determine how billing disputes between us will be resolved.

8. 
BLCC Content

a.) BLCC Content. You acknowledge and agree that BLCC Content is owned by BLCC. Except as otherwise explicitly set forth herein, we or our licensors own all right, title, and interest in and to: (i) our Service, the “look and feel” of our Service, and all content available on our Service, including all software, ideas, processes, data, text, media, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and other content available on our Service (the “BLCC Content”) and all Intellectual Property Rights related thereto. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any BLCC Content. Use of BLCC Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Our Service and BLCC Content are each protected under U.S. and international laws. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other Intellectual Property Rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
 

b.) License. Subject to your payment in full for applicable BLCC Content, BLCC hereby grants to you a limited right to such BLCC Content ordered and paid for by you solely for your own personal, non-commercial, and non-promotional purposes, subject to these Terms: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display that Video, in any and all media (for example, on social media platforms), whether now known or hereafter devised. You may not license, sell, re-sell, or encumber your rights in any BLCC Content, including creating a non-fungible token (“NFT”). You may sublicense your rights in BLCC Content only to the extent necessary for you to use the Video as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a Recipient for personal, non-commercial, and non-promotional purposes as set forth above). You may use BLCC Content only in accordance with this Agreement, including the Acceptable Use Policy. We may terminate all or part of the foregoing licenses at any time for any reason or no reason at all. We reserve the right to remove any BLCC Content from our Service at any time for any reason without any notice to you.

If you are interested in obtaining any license other than the license provided above (e.g. a right to use your license in a teaching environment or the right to sublicense), you may contact us at info@belightcare.com.


c.) Acknowledgement. You acknowledge and agree that:


i.) BLCC will not be liable or responsible for BLCC Content or any Submission (defined below);


ii.) You have no expectation of privacy with respect to any BLCC Content or any Submission (as defined below), and that you will not make any Submission that infringes on the privacy or other rights of a third party;


iii.) Any watermark on BLCC Content must remain intact and you agree not to edit, change, modify, cover, or remove the watermark from any BLCC Content or assist or encourage any third party to do so; you further agree not to edit, change, modify, or create any derivative work of any BLCC Content or assist, allow, or encourage any third party to do so;


iv.) If you breach any provisions of this Agreement, we may terminate your access to our Service, or we may remove or ban you (and/or any account you created or utilize). In such case, your license to use any BLCC Content terminates and you must: promptly delete all copies of any BLCC Content in your possession or control, including from any social media platform; notify any Recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each Recipient.


9. Ownership

a.) BLCC Content. BLCC’s ownership interests are set forth above in Paragraph 8(a).


b.) User Content. We claim no ownership rights over content created or submitted by you, provided that you hereby grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license, in any and all manner and media, whether now known or hereinafter invented or devised (including social media platforms), to use, reproduce, license, distribute, modify, adapt, reformat, publicly perform, publicly display, create derivative works of, and otherwise use the following for the purposes of operating and providing our Service, developing and improving our products and services, and advertising, marketing, and promoting our Service and our other products and services: (i) any request (video, text, or otherwise) that you make or send to any BLCC, including information concerning any Recipient; and (ii) any submission of any kind whatsoever that you make to BLCC, whether through our Service, a social media platform, third-party website, or otherwise, including a reaction video, idea, intellectual property, publicity rights, Feedback (defined below), review, photo, video, email, text, post, or other communication, whether relating to you, or a third party. (i) and (ii) are individually and collectively referred to herein as a “Submission”. You understand that certain portions of the Service may allow other Users to view, edit, share, and/or otherwise interact with any Submission. By providing or sharing a Submission through the Service, you agree to allow others to view, edit, share, and/or interact with your Submission in accordance with this Agreement. With regards to each Submission, you represent and warrant that you either: (x) own all rights to such Submission; or (y) have all rights necessary, including with respect to any third party that contributed to, is included in, or is referred to, in such Submission, to grant to us the foregoing rights, and have the written consent of each and every identifiable natural person in the Submission, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use, and further that (z) BLCC may exercise the rights to any Submission granted hereunder without liability for payment of any reuse fees, guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. You may not make any Submission that is confidential or proprietary or that contains or includes any information that you do not have the right to disclose or that you or any Recipient do not wish to be disclosed. BLCC will not be responsible or liable for any use or disclosure of a Submission, including any personal information belonging to you, a Recipient, or a third party. To the best of your knowledge, all Submissions and other information that you provide in connection with this Agreement is truthful and accurate.


c.) BLCC takes no responsibility and assumes no liability for any Submission that you or any other User or third party posts, sends, or otherwise makes available over the Service. You shall be solely responsible for your Submission and the consequences of posting, publishing it, sharing it, or otherwise making it available on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your Submission. You understand and agree that you may be exposed to Submissions that are inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that BLCC shall not be liable for any damages you allege to incur as a result of or relating to any Submission. We may, for any reason or no reason at all, refuse to accept or transmit a Submission or refuse to remove a Submission from our Service. Further, we reserve the right to decide whether a Submission violates these Terms and/or the Agreement and may, at any time, without notice to you and in our sole discretion, remove any Submission, terminate your access to our Service, remove or ban you (and any account you created or utilize), or take other appropriate action in our sole discretion for violation of this Agreement.


d.) You hereby waive any and all moral rights or “droit moral” that you may have in any Submission, including Feedback, and you represent and warrant that no third party has any moral, “droit moral,” or other rights in Submission, including Feedback.


e.) It is BLCC’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied and appears on the website or in BLCC Services or BLCC Content in a way that constitutes copyright infringement and is accessible via the Service, please notify BLCC as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
 

i.) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;


ii.) Identification of the copyrighted work that you claim has been infringed;


iii.) Identification of the material that is claimed to be infringing and where it is located on the Service;


iv.) Information reasonably sufficient to permit BLCC to contact you, such as your address, telephone number, and, e-mail address;


v.) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and


vi.) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.


The above information must be submitted to:

Be Light Care Consulting
info@belightcare.com


Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that this procedure is exclusively for notifying BLCC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with BLCC’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.


In accordance with the DMCA and other applicable law, BLCC has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. BLCC may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
 

10. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Service, you agree to our Privacy Policy and to have your personally identifiable information collected, used, transferred to and processed in the United States. BLCC cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
 

11. Third Party Links and Information

a.) The Service may contain links to third-party materials that are not owned or controlled by BLCC. BLCC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your Submission on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and BLCC’s Privacy Policy do not apply to your use of such sites. You expressly release BLCC Parties (as defined below) from any and all liability arising from your use of any third-party website, service, or content, including without limitation Submissions submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that BLCC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (AND ANY OTHER SIMILAR APPLICABLE STATE STATUTE), WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.


b.) From time to time, an entity may be identified on a BLCC’s website or be associated with the BLCC elsewhere on the Service as a charitable organization or a recipient of funds that are being raised (“Charity”). For example, BLCC’s wesite may indicate that all or a portion of the BLCC’s revenue from BLCC Content will be given to a Charity. Those arrangements are strictly between BLCC and the Charity. BLCC is not a sponsor of, does not endorse, and is not affiliated with the Charity and is not a commercial co-venturer with respect to such arrangements (unless otherwise expressly stated in writing by BLCC). Unless expressly stated, BLCC does not control and makes no warranties about the Charity or any donation to the Charity.


12. Changes to our Service or the Agreement

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
 

13. Indemnification

You agree to defend, indemnify and hold harmless BLCC and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors (each, a “BLCC Party, “ and collectively, “BLCC Parties”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any Submission or any other content that is submitted via any account you created or utilize including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your username, password or other security credentials. BLCC may select counsel and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.
 

14. Disclaimers and No Warranty

a.) The Service and BLCC Content are provided on an “as is” and “as available” basis. Use of the Service and BLCC Content is at your own risk. To the maximum extent permitted by applicable law, the Service and BLCC Content are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from BLCC, BLCC Content, or the Service will create any warranty not expressly stated herein. Without limiting the foregoing, BLCC, its subsidiaries, its affiliates, and its licensors do not warrant that any content is accurate, reliable or correct; that the Service will meet your requirements; that the BLCC Content and Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the BLCC Content or Service is free of viruses or other harmful components. The quality of display of BLCC Content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.


b.) BLCC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by BLCC or any other third party through the Service or any hyperlinked website or service, and BLCC will not be a party to or in any way monitor any transaction between you and BLCC or any other third-party providers of products or services.


c.) You acknowledge and agree that any material or information downloaded or otherwise obtained through our Service is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our Service create any warranty not expressly made by us. You acknowledge and agree that when using our Service, you will be exposed to content from a variety of sources, and that BLCC is not responsible for the accuracy, usefulness, safety, legality, or Intellectual Property Rights of or relating to any such content. All BLCC Content is for informational purposes only and should not be construed as professional advice. BLCC is not providing any service requiring a state or federal license in its Services or BLCC Content, and any reference to licenses on the website is for informational purposes only. 


d.) Federal law, some states, provinces, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement will not apply to the extent prohibited by applicable law.


15. Limitation of Liability

a.) To the maximum extent permitted by applicable law, in no event shall BLCC, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. Under no circumstances will BLCC be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.


b.) To the maximum extent permitted by applicable law, BLCC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of BLCC Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) Submission or the defamatory, offensive, or illegal conduct of any third party. In no event shall BLCC, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to BLCC hereunder or $100.00, whichever is greater.


c.) This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if BLCC has been advised of the possibility of such damage. You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between BLCC and you.


d.) Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.

16. 
Service Location

The Service is controlled and operated from facilities in the United States. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.


17. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

a.) Governing Law. You agree that: (i) the Service shall be deemed solely based in Kentucky; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Kentucky. This Agreement shall be governed by the internal substantive laws of the Commonwealth of Kentucky, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in Whitley County, Kentucky, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. 


b.) Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial, or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. You agree that, by entering into this Agreement, you and BLCC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.


18. Other Provisions

a.) Force Majeure. BLCC will not be responsible for any failure to perform due to causes beyond its reasonable control, including, without limitation, acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, fuel crises, epidemics or quarantines, or content take-down requests.


b.) Entire Agreement; Severability. This Agreement, including these Terms and our Privacy Policy together with any amendments, the Additional Terms (as applicable), and any additional agreements you may enter into with BLCC in connection with the Service, shall constitute the entire agreement between you and BLCC concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.


c.) California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.


d.) Notification Procedures and Changes to the Agreement. BLCC may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by BLCC in our sole discretion. BLCC reserves the right to determine the form and means of providing notifications to our Users, provided that you may be able to opt out of certain means of notification as described in this Agreement. BLCC is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.


e.) No Waiver or Amendment. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BLCC’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.


f.) Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BLCC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.


g.) Miscellaneous. The term “including” in this Agreement will be interpreted broadly and will mean “including, without limitation.” Section heading titles are for convenience only and will not be considered when interpreting this Agreement.


h.) Contact. Please contact us at info@belightcare.com with any questions regarding this Agreement.


Additional Terms

PLEASE READ THE FOLLOWING TERMS CAREFULLY. By using a product or service referenced below, you agree to such additional terms as are set forth below, as applicable (which are Additional Terms as described in Section 4 of the Terms of Use and Section 18 of the BLCC Terms of Service). These Additional Terms are governed by and are incorporated into the Agreement. Terms that are defined in the Agreement will have the same meaning in these Additional Terms. In the event of any conflict between the Terms of Use and these Additional Terms, the provisions set forth in these Additional Terms will control.
 

BLCC may, in its sole discretion, modify or update these Additional Terms from time to time, and so you should review this page periodically. When we change these Additional Terms in a material manner, we will update the ‘last updated’ date and notify you that material changes have been made. Your continued use of the Service after any such change constitutes your acceptance of the new Additional Terms. If you do not agree to any of these Additional Terms or any future Additional Terms, do not use or access (or continue to access) the Service.