14 Day Free Trial + Cancellation Policy:
brightlamp offers certified medical professionals free access to Reflex for 14 days. As a free trial user, you are not enrolled in a subscription for Reflex. During that time you are not under any obligation and will not be charged. Your account will fall-off at the end of the trial period unless you decide to subscribe. Your subscription will be charged to your default credit card on file. At the end of the term, unless you cancel, your subscription will automatically renew. You will be charged for the regular price of your subscription within 24 hours prior to the end of the current term. You can turn off automatic renewal at any time, but you must do so at least 24 hours before the end of the current term. Refunds will not be provided for the unused portion of any term. Termination of your Account can include disabling your access to the App or any part thereof including any content you submitted or others submitted.
The App (including without limitation any titles, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, and chat transcripts) are copyrighted works owned by brightlamp. brightlamp reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the App.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN AN ACOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF BRIGHTLAMP. GENERALLY, ACCOUNTS CREATED WITH BRIGHTLAMP WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE A USER REQUEST TO DEACTIVATE OR DELETE THEM. HOWEVER, WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT IN ACCORDANCE WITH THESE TERMS OF SERVICE, INCLUDING ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
1.10.3. User Content
“User Content” means any communications, images, sounds, and all the material, data and information that you upload or transmit through a brightlamp client or the App, or that other users upload or transmit, including without limitation any chat text.
2. USER CONTENT
2.1. Content Screening
You are entirely responsible for all User Content you post or otherwise transmit via the App. brightlamp assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the App for inappropriate or illegal content or conduct. However, by entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording, should we choose to monitor and record.
YOUR INFORMATION, INCLUDING ESTIMATED EYE MEASUREMENT DATA, LOCATION, AND THE CONTENTS OF ALL OF YOUR ONLINE COMMUNICATIONS (INCLUDING WITHOUT LIMITATION CHAT TEXT, VOICE COMMUNICATIONS, IP ADDRESSES, AND YOUR PERSONAL INFORMATION) MAY BE ACCESSED AND MONITORED AS NECESSARY TO PROVIDE THE APP AND MAY BE DISCLOSED: (I) WHEN WE HAVE A GOOD FAITH BELIEF THAT WE ARE REQUIRED TO DISCLOSE THE INFORMATION IN RESPONSE TO LEGAL PROCESSES (FOR EXAMPLE A COURT ORDER, SEARCH WARRANT OR SUBPOENA); (II) TO SATISFY ANY APPLICABLE LAWS OR REGULATIONS; (III) WHERE WE BELIEVE THAT THE APP IS BEING USED IN THE COMMISSION OF A CRIME, INCLUDING TO REPORT SUCH CRIMINAL ACTIVITY OR TO EXCHANGE INFORMATION WITH OTHER COMPANIES AND ORGANIZATIONS FOR THE PURPOSES OF FRAUD PROTECTION AND CREDIT RISK REDUCTIONS; (IV) WHEN WE HAVE A GOOD FAITH BELIEF THAT THERE IS AN EMERGENCY THAT POSES A THREAT TO THE HEALTH AND/OR SAFETY OF YOU, ANOTHER PERSON, OR THE PUBLIC GENERALLY; AND (V) IN ORDER TO PROTECT THE RIGHTS OR PROPERTY OF BRIGHTLAMP, INCLUDING TO ENFORCE OUR TERMS OF SERVICE. BY ENTERING INTO THESE TERMS OF SERVICE, YOU HEREBY PROVIDE YOUR IRREVOCABLE CONSENT TO SUCH MONITORING, ACCESS, AND DISCLOSURE.
3. THIRD PARTY ADVERTISEMENTS
3.1. Third-Party Advertising
3.2. Links to Third Party Sites and Dealings with Advertisers
brightlamp may provide links on the App to third-party websites or vendors who may invite you to participate in a promotional offer. Any charges or obligations you incur in your dealings with these third parties are your responsibility. brightlamp makes no representation or warranty regarding any content, goods, and/or services provided by any third party, even if linked to from our App, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of brightlamp and may collect data or solicit personal information from you. brightlamp is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by brightlamp of these linked sites.
4. COPYRIGHT NOTICES/ COMPLAINTS
It is brightlamp’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). brightlamp reserves the right to terminate without notice any user’s access to the App if that user is determined by brightlamp, it its sole discretion, to be a “repeat infringer.” In addition, brightlamp accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
5. UPDATES TO THE APP
You understand that the App is an evolving one. brightlamp may require that you accept updates to the App you have installed on your mobile device. You acknowledge and agree that brightlamp may update the App with or without notifying you. You may need to update third-party software from time to time in order to use the App.
6. DISCLAIMERS/ LIMITIATIONS/ WAIVERS/ INDEMNIFICATION
6.1. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF 30 DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER BRIGHTLAMP NOR ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (collectively the “Parties”) WARRANT THAT (A) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE ACCURATE OR RELIABLE, OR (C) ANY ERRORS ASSOCIATED WITH THE APP WILL BE CORRECTED.
6.2. Limitations; Waiver of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE APP UNDER ANY CAUSE OF ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE), AND THAT OF THE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE APP.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THE PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APP AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE APP AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BRIGHTLAMP IN THE 180 DAYS IMMEDIATELY PROCEEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BRIGHTLAMP FOR ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRIGHTLAMP IS TO STOP USING THE APP AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.
YOU EXPRESSLY AGREE THAT BRIGHTLAMP IS NOT PROVIDING MEDICAL ADVICE VIA THE APP. THE CONTENT PROVIDED THROUGH THE APP, IS NOT INTENDED TO BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL; (B) A VISIT, CALL, OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONAL, OR (C) INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABEL. INFORMATION PROVIDED THROUGH THE APP MAY NOT APPLY TO YOUR UNIQUE MEDICAL CONDITION AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABLY, EFFECTIVENESS OR CORRECT USE OF INFORMATION YOU RECEIVE THROUGH THE SERVICE. THE CONTENT PROVIDED FOR THROUGH THE APP IS INTENDED TO BE SOLELY INFORMATIONAL. IF YOU RELY ON ANY SUCH INFORMATION YOU DO SO AT YOUR OWN RISK.
YOU EXPRESSLY AGREE THAT YOUR ACTIVITIES WHICH GENERATE THE CONTENT YOU POST OR SEEK TO POST USING THE APP MAY CARRY CERTAIN INHERENT AND SIGNIFICANT RISKS OF PROPERTY DAMAGE, BODILY INJURY, OR DEATH AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF BRIGHTLAMP OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS. YOU ALSO EXPRESSLY AGREE THAT BRIGHTLAMP DOES NOT ASSUME RESPONSIBILITY FOR THE INSPECTION, SUPERVISION, OR CONDUCT OF ANY ACTIVITY OR EVENT THAT OCCURS IN CONNECTION WITH THE APP.
You agree to indemnify, save, and hold brightlamp, its affiliates, contractors, employees, agents, and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, and liabilities, including legal fees and expenses, arising out of your use or misuse of the App, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. brightlamp reserves the right, at your expense, to assume the exclusive defense and control of any matter for which are required to indemnify brightlamp, and you agree to cooperate with brightlamp’s defense of these claims. brightlamp will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions of this paragraph will survive any termination of your Account or of the App.
7. DISPUTE RESOLUTION
If a dispute arises between you and brightlamp, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. Accordingly, you and brightlamp agree that we will resolve any claim or controversy at law or equity that arises out of these Terms of Service or the App, in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
7.2. Law and Forum of Legal Disputes
These Terms of Service and any dispute arising out of or related to it or the App shall be governed in all respects by the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any claim or dispute that you may have against brightlamp must be resolved exclusively by a state or federal court located in Marion County, Indiana, except as otherwise agreed to between the parties. You agree to submit to the personal jurisdiction of the courts located within Marion County, Indiana for the purpose of litigating all such claims or disputes.
7.3. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount in controversy does not exceed $10,000, the party requesting the relief may elect to resolve the dispute through binding non-appearance-based arbitration. If a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider that has been selected by brightlamp. The ADR provider and the parties must comply with the following rules: (a) arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
7.4. Improperly Filed Claims
All claims that you bring against brightlamp must be resolved in accordance with Section 7 and its subsections. All claims filed or brought contrary to Section 7.2 shall be considered improperly filed. If a claim is filed contrary to Section 7.2, brightlamp shall be entitled to recovery its attorneys’ fees and costs, provided that brightlamp has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
9. GENERAL PROVISIONS
9.2. Supplemental Policies
brightlamp may publish additional policies related to specific services such as applications for mobile devices. Your right to use such services is subject to those specific policies and these Terms of Service.
9.3. Entire Agreement
9.4. No Waiver
Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by brightlamp shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of brightlamp.
Any notices that you provide without compliance with this Section shall have no legal effect.
9.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to brightlamp are of a unique and irreplaceable nature, the loss of which shall irreparably harm brightlamp and which cannot be replaced by monetary damages alone. Accordingly, brightlamp shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the App or any content or other material used or displayed through the App and agree to limit your claims to claims for monetary damages.
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