Bright By Three

Terms of Use

 

Thank you for your interest in Bright Beginnings, Inc., d/b/a Bright By Three (“BB3”, “us”, or “we”), this website (the “Site”), the Bright By Text texting service (the “Text Service”), and all related web sites, networks, downloadable software, and other services provided by us or that may be provided by us and on which a link to this Terms of Use is displayed (collectively, together with the Site and Text Service, our "Service").  These Terms of Use (these "Terms"), including our Privacy Policy (which can be found here Privacy Policy) that is hereby incorporated into these Terms by reference, and any other applicable policies and guidelines, in each case as may be updated from time to time, all govern your use of the Service. These Terms constitute a legal agreement between you and BB3. In order to use the Service you must agree to these Terms. Please review them carefully. 

BY REGISTERING FOR, ACCESSING OR OTHERWISE USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.

We may revise these Terms at any time without notice by updating this posting. By using the Service, you agree to be bound by any such revisions and should therefore periodically visit the page containing these Terms to determine the current Terms to which you are bound. Your continued use of the Services will indicate your acceptance of any changes. If you become dissatisfied with the Service, or with any modifications to these Terms, your only recourse is to discontinue use of the Service.

If you breach any of these Terms, your authorization to use the Service automatically terminates and you must immediately destroy any materials provided by BB3 in connection with your use of the Service and discontinue use of the Service.

 

Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us:

  1. That you are at least 18 years old;
  2. That you have not previously been suspended or removed from the Service; and
  3. That your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms and you agree to be bound by these Terms on behalf of that entity.

 

The Service

The Service provides information about early childhood development, allows individuals to sign up to receive emails and recurring SMS messages containing such information and other information about BB3, and allows you to make donations to support BB3. To access certain features of the Service, you must provide us with some information about yourself, such as your e-mail address, phone number or other contact information. You represent and warrant that the information you provide to us is accurate and that you will keep it up-to-date at all times. 

Subject to these Terms, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Service solely for your personal use. BB3 may revoke this license at any time, for any reason.

 

Use Restrictions

The Service and all materials on or provided through the Service, including, without limitation, all content, data, text, photos, pictures, graphics, images, illustrations, audio and video clips, logos, icons, links, software and other files and the selection and arrangement thereof (the “Materials”) are owned by and, to the extent copyright laws apply to such Materials, are the copyrighted materials of BB3 or third parties.  Permission is granted to display, copy, distribute, and download the Materials provided in connection with the Service for solely your personal, noncommercial use, provided you do not modify the Materials and that you retain all copyright and other proprietary notices contained in the Materials. You may not in any manner distribute, copy, reproduce, display, republish, download, upload or transmit any Materials provided to you in connection with the Service for commercial use without our prior written approval. You may not “frame” or “mirror” any Material contained in the Service on any other website or server without our prior written permission.  Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity and other laws and regulations. 

The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Service are registered and unregistered trademarks of BB3 or third parties.  In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of BB3 or third parties, and none of the foregoing may not be copied, imitated or used, in whole or in part, without the prior written permission of BB3 or the Trademark owner.  Nothing on the Service or in these Terms shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark used or displayed on the Service, without the express written permission of BB3 or the Trademark owner.  Unauthorized use of the Trademarks displayed on the Service is strictly prohibited.

 

Communications and Electronic Notification

You agree that BB3 may provide you with communications about or in connection with the Service (i) electronically (such as through email), (ii) via SMS message (text messaging) if you opt in to receive such SMS messages, or (iii) otherwise in writing. You understand and acknowledge that these messages, including SMS messages, will be provided on a recurring basis. You further understand and acknowledge that your use of the Service from any device, including but not limited to mobile devices, tablets, and personal computers (each, a “Device”), is subject to any agreements you may have with your network service provider or carrier, and that standard mobile, message, or data rates may apply. You are solely responsible for any such incurred fees. You understand and acknowledge that delivery of information and content from or to a mobile device may fail due to circumstances or conditions beyond BB3’s control. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of BB3’s control and BB3 is not responsible or liable for such problems.

You may elect to stop receiving certain emails from us at any time by following the instructions provided in those emails, and we will stop sending those e-mails within a reasonable time.  See the SMS Programs section below for how to opt out of receiving SMS text messages.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permissible by law. You agree that we may send emails to you for the purpose of advising you of changes or additions to the Service, about any of our products or services, or for such other purposes as we deem appropriate and as permissible by law. Any electronic communications will be considered to be received by you within 24 hours of the time we email it to you or otherwise send it to your attention (such as via SMS or other online notification). We may assume you have received any communications sent to you by postal mail 3 business days after we send it.

Electronic message communications (including but not limited to emails and SMS messages) from the Service are not encrypted and therefore this information may be read if intercepted while in transit. Although BB3’s use of any information you provide is governed by the Privacy Policy, it is possible for these communications to be intercepted or accessed without your authorization.

Once delivered to your Device, SMS and e-mail messages are under your control and are your sole responsibility. You hereby release BB3 and their officers, directors, members, volunteers, employees, contractors, agents, successors, assigns, and all of their affiliates, subsidiaries, licensors, and partners from any and all liability arising from or related to such access.

 

SMS Programs

BB3 offers a recurring SMS text message program that provides guidance and tips to parents and caregivers related to their child’s development.  To opt-in to receive text messages, please text BRIGHT to 274448.  

To stop receiving text messages, text STOP to 27448.  You may also opt out by calling us at 303.433.6200

To request help or more information, text HELP to 274448 or call us at 303.433.6200

You represent that you are the account holder for the mobile telephone number(s) that you provide to opt in to a text message program.  You are responsible for notifying BB3 immediately if you change your mobile telephone number.  You may notify BB3 of a number change by calling us at 303.433.6200

Supported Carriers:  Appalachian Wireless, AT&T, Bluegrass Cellular, Boost Mobile, Cellcom, Cellular South, Centennial Wireless, GCI, Immix Wireless, Inland Cellular, IV Cellular, Nex-Tech Wireless, nTelos, Metro PCS, Sprint, T-Mobile, U.S. Cellular, United Wireless, Verizon Wireless, Virgin Mobile USA, and West Central Wireless.  Supported carriers may change from time to time.

We may suspend or terminate your receipt of text messages if we believe you are in breach of these Terms. Your receipt of text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  In addition to any other rights BB3 may have under these Terms, BB3 reserves the right to modify or discontinue, temporarily or permanently, all or any part of the text messaging services you receive, with or without notice. 

 

Security

You understand that no data transmission over the internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion.  You understand and agree that all information you submit to us is submitted at your own risk.  

To use this Service, you agree that you will not in any way: (i) access or attempt to access data or Materials that are not intended for you; (ii) invade the privacy of, obtain or attempt to obtain the identity of, or obtain any personal information about any other user of the Service; (iii) probe, scan or test the vulnerability of the Service or breach security or authentication measures; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt the Service, including without limitation via means of introducing a virus to the Service, overloading, "flooding," "spamming," "mail bombing" or "crashing;" or (v) send unsolicited mail, including promotions and/or advertising of products and services. Violations of system or network security may result in civil or criminal liability.

We reserve the right, but not the obligation, to monitor use of the Service to determine compliance with these Terms to the extent allowed by applicable law. We shall have the right, in our sole discretion, to disclose any materials submitted to us and the circumstances surrounding their transmission, along with any other information regarding use of the Service, to any third party in order to operate the Service properly, to protect ourselves, third parties with which we contract, and users of the Service, and to comply with legal obligations or governmental requests. Notwithstanding such rights, you are solely responsible for your use of the Service. You acknowledge and agree that neither we nor any third party with which we contract shall assume or have any liability for any action or inaction by us or such third party with respect to any conduct or communications on the Service.

 

Third Party Websites 

Links to third party websites provided through the Service are provided solely for your convenience.  BB3 does not control and is not responsible for these sites, their content or their policies, and your use of such third party sites is subject to their respective terms of use and privacy policies. BB3 does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them.  If you decide to access any of the third party sites linked to through the Service, you do so entirely at your own risk.

 

Disclaimers

THIS service, INCLUDING WITHOUT LIMITATION the site, the text service, and ALL MATERIALS AND ALL PRODUCTS AND SERVICES PROVIDED VIA the service, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BB3 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. bb3 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF the service, THE USE, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE MATERIALS OR SERVICES PROVIDED VIA, the service OR ANY WEBSITES LINKED TO the service. USE OF the service, INCLUDING WITHOUT LIMITATION THE MATERIALS AND RECEIPT OF SERVICES VIA the service, IS AT YOUR SOLE RISK. bb3 DOES NOT WARRANT THAT the service or THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN the service or THE MATERIALs WILL BE CORRECTED. THE MATERIALS COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION PROVIDED through the service IS SUBJECT TO CHANGE WITHOUT NOTICE. bb3 CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER information or data YOU access FROM the service WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. bb3 DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF the service. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF the service. YOUR SOLE REMEDY AGAINST bb3 FOR DISSATISFACTION WITH the service OR ANY material IS TO STOP USING the service OR ANY SUCH material. BB3 is not providing advice to you, whether medical or otherwise. the Service is intended solely for general information purposes. The Service is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment. YOUR RELIANCE ON ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE IS AT YOUR SOLE RISK.

 

Limitation of Liability

EXCEPT WHERE PROHIBITED BY LAW, NEITHER BB3, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF BB3 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BB3’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL MATERIALS PROVIDED VIA THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO $100.  

Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

 

Indemnity

You agree to indemnify, defend, and hold harmless BB3, our directors, officers, employees, agents, contractors, successors and assigns from and against any and all claims, damages, losses, costs (including attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (i) your breach of these Terms; (ii) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property, proprietary or other rights of any third party; (iii) your failure to notify BB3 if you change your telephone number; or (iv) your use of or activities in connection with the Service, including without limitation all Materials provided via the Service. BB3 reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.

 

Violations

We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including without limitation the right to block access from a particular Internet address or device number to the Service.

 

General Provisions

Unless otherwise specified, the Service is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms shall be governed by and construed in accordance with the laws of the State of Colorado notwithstanding any conflict of laws provisions. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts of located in Denver County, Colorado for any litigation or dispute arising out of or relating to these Terms and agree that such courts represent the exclusive jurisdiction for all disputes relating to these Terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action relating to your use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.

Any failure by BB3 to exercise any rights or enforce any of these Terms shall not constitute a waiver of such rights or terms. If any provision of these Terms or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law. These Terms constitute the entire agreement between you and BB3 with regard to your use of the Service, and any and all other written or oral agreements or understandings previously existing between you and BB3 with respect to such use are hereby superseded and cancelled.

 

Contact Us

If you have questions regarding these Terms or if you are experiencing any problems with the Service, please e-mail us at info@brightbythree.org. Please provide a full question or problem description in the e-mail.