BRIGHT MARKETER PURCHASE AGREEMENT
This Bright Marketer Purchase Agreement (“Agreement”) between Bright Marketer, Inc. (“Bright Marketer”, “the Company”, “us”, “we”, “our”) and you, a resident of the United States (“you”, “user”, or “purchaser”) governs your purchase of one of the Bright Marketer Services (collectively the “Services”) for which you have agreed to pay the correlating price as found on the Bright Marketer corporate website www.brightmarketer.org .
1. CONTENT OF SERVICES
The option you purchased includes access to the Services together with supplemental documents and materials. A full description of the Services you purchased is provided in the current Bright Marketer Catalog, available at www.brightmarketer.org . You may learn more about your particular selection and how to use it by contacting the particular Bright Marketer Ambassador that sold you the Services or Bright Marketer directly at support@brightmarketer.org Through the Course Catalog you will be able to access updates or additions to the Services, which the Company may produce from time to time. You may, at the Company’s discretion, be invited to attend webcasts and/or live tapings of such updates and additions. In the case of live tapings, you would be responsible for your travel, lodging and food expenses.
Certain classes, support materials and web features may exist in or be part of multiple learning paths. Company reserves the right to add, change or remove courses, instructors, and supporting materials from time to time and to make replacements or substitutions as it deems appropriate.
Monthly: ($197 First Month, $147 per Month Ongoing) 31 calendar day access from purchase date to be renewed each month until cancelled.
Lifetime: ($5,997 One Time) 1 calendar year of access + complementary lifetime access to the courses made available at Bright Marketer.
2. TERM OF SERVICES
You shall have access to the Services for one (1) month (“Term”), beginning on the purchase date, defined as the date your order was submitted. The particular Services purchased shall outline whether the Services you purchased contain a term contrary to that outlined herein. This one (1) month term shall be considered the default absent any other details stating to the contrary within the Course Catalog. You must complete all Services during this Term, or such Services may be forfeited. Failure to attend a session may result in forfeiture of that session.
3. BILLING
When you provide any information to use for purchasing the Services, you will be required to select a payment method and option and provide Bright Marketer information regarding your credit card or other payment method. If paying by credit card, you will be charged immediately upon submission of your order. If paying by cashier’s check, wire transfer, or any other of the Company’s accepted methods of payment, payment in full should be submitted to the Company immediately.
4. CANCELLATION
You may cancel this transaction, without penalty or obligation, within seven (7) calendar days of the date you signed and submitted this Agreement to the Company. In the event of cancellation, you shall be issued a full refund for the Services purchased. To rescind, or to ask any questions about your right of rescission please contact support@brightmarketer.org.
5. ACCESS AND USE OF SERVICES
You may be required to register with the Company in order to access and use certain features of the Services. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form, including for example: (i) your name; (ii) contact phone number; (iii) current address; (iv) current email; and (v) payment information. You are responsible for maintaining the security and confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control, including ensuring a proper exit from your account at the end of each session when accessing the services and for the action of any Learning Partner you may add to your account. You may not share your password or other login information with any person, and you may not use another’s account, including your Learning Partner. Any use of your account by any person other than yourself is grounds for suspension or termination of your access. You agree to promptly notify us of any unauthorized use of your username, password, or other account information, or of any other breach of security that you become aware of involving your Bright Marketer account, or the Services. Bright Marketer shall not be liable for any loss or damage you incur as a result of someone else using your password, either with or without your knowledge.
6. DISCLAIMERS
The Company makes no representations as to the completeness, currency, or accuracy of the information contained throughout the Bright Marketer platform. You assume the risk of any investments or business decisions you make, before, during or after consuming the education contained in your purchase. THE BRIGHT MARKETER SERVICES ARE INTENDED FOR EDUCATIONAL PURPOSES ONLY AND SHALL NEVER BE CONSTRUED AS FINANCIAL, HEALTH, OR ANY OTHER TYPE OF ADVICE OTHER THAN FOR EDUCATIONAL PURPOSES. The Company recommends that you always exercise due diligence in every business decision regardless of a person or company’s reputation, knowledge or how you know them. always seek the advice of licensed professionals where appropriate and only take certain actions after taking into account your own personal situation at any given time.
You acknowledge that your payment is solely for access to the Services and any support materials. You agree that you are voluntarily purchasing the Services for your personal education and that you were neither required to purchase nor are you purchasing any Services for the purpose of participating in any business opportunity or for anything other than your own desire to consume the Services for your own educational purposes.
NO GUARANTEED RESULTS. Bright Marketer is purely an educational platform and makes no guarantee of potential results that may or may not occur through your use of the Services. In purchasing the Services, you acknowledge that no promise or guarantee of results was made to you to induce you to purchase the Services or to in any way interact with Bright Marketer.
SOLE RESPONSIBILITY. You agree that you are solely responsible for your interactions with any other user, and you agree that the Company is not liable for any loss or claim that you may have against any third party.
7. LIMITED LICENSE/CONDITIONS OF USE
You acknowledge that the Company and/or its licensors own all the content contained in the Services, including but not limited to all video, audio, photographic and written content and any transcripts, reductions and derivative works of said content (collectively “the Content”). Your purchase of the Services gives you a non-transferable, non-sublicensable, non-exclusive and revocable license to stream the Content during the Term. It does not give you any other rights to the Content. Any attempt to download, reproduce, distribute, sell or use the Content except as authorized by the Company is prohibited and may result in the loss of your license to view it and subject you to legal liability. If your license is revoked, you must promptly destroy all content downloaded or otherwise obtained through the Services, as well as copies of such materials, whether made in accordance with this Agreement or otherwise. Except for the foregoing limited license, no right, title, or interest shall be transferred to you.
The Bright Marketer name and logos are trademarks and service marks of Bright Marketer, Inc. (collectively the “Marks”). Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks displayed on the Service, without the Company’s prior written permission in each instance.
You consent to allow the Company to take photographs and make audio and video recordings featuring your voice and image at Company events, if you choose to attend them. If the Company does photograph or record you at such events – or if you submit content voluntarily to the Company — you consent to the Company’s use of your name, voice, likeness and image (in photographs, written materials, videos and voice recordings) in promotional or educational materials and products and services or for any lawful purpose, without any additional permission or authorization from you and without additional fees or consideration being paid to you.
8. WARRANTIES AND LIMITATIONS OF LIABILITY
Company warrants that the Services as and when delivered by Company shall be free from material defects. Company’s sole obligation to you, and your sole and exclusive remedy, for breach of this warranty shall be to cancel this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY OR COMPLETENESS OF CONTENT, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, AND CORRESPONDENCE TO DESCRIPTION.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE, IN NO EVENT SHALL YOU OR COMPANY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF YOU OR COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT GIVE EFFECT TO LIMITED LIABILITY OR EXCULPATORY CLAUSES, THIS PROVISION IS NOT APPLICABLE. IN JURISDICTIONS THAT ALLOW FOR EXCULPATORY OR LIMITED LIABILITY CLAUSES IN A LIMITED MANNER, THIS PROVISION IS APPLICABLE TO THE FULLEST EXTENT ALLOWED BY THE LAW OF SUCH JURISDICTION.
9. INDEMNIFICATION
You agree to indemnify, hold harmless, and (at our request) defend us and any vendor, independent contractor, or otherwise and their/our respective employees, officers, directors, agents, and contractors from and against all claims, demands, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses, including reasonable attorneys’ fees, that arise from any claim due to or arising out of: (i) your access to or use of the Services; (ii) your breach or alleged breach of this Agreement; (iii) your violation of applicable law, including, but not limited to, infringement of third-party intellectual property rights; (iv) any action we take pursuant to your instructions; or (v) your other actions or omissions that result in liability to us.
You acknowledge that your agreement to indemnify the Company as set forth above is a material part of this Agreement and that the Company considers it essential to the operation of its business. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us under this Agreement, and you agree to cooperate with our defense of these claims.
This section shall survive termination of this Agreement and/or your status as a user of the Services.
10. DISPUTE RESOLUTION
THIS PROVISION CONTAINS AN AGREEMENT THAT AFFECTS HOW CLAIMS YOU MAY HAVE AGAINST COMPANY, OR CLAIMS COMPANY MAY HAVE AGAINST YOU, WILL BE RESOLVED. THE PARTIES UNDERSTAND AND AGREE THAT THIS DISPUTE RESOLUTION AGREEMENT OPERATES AS A SEPARATE AND DISTINCT AGREEMENT THAT IS SEVERABLE FROM THE REMAINDER OF THE PURCHASE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THE PURCHASE AGREEMENT OR THE PURCHASE AGREEMENT AS A WHOLE. CONSIDERATION FOR THIS DISPUTE RESOLUTION AGREEMENT INCLUDES, WITHOUT LIMITATION, THE PARTIES’ MUTUAL AGREEMENT TO ARBITRATE CLAIMS. THE PARTIES FURTHER UNDERSTAND AND AGREE THAT THE UNENFORCEABILITY OF THE PURCHASE AGREEMENT IN WHOLE OR IN PART SHALL NOT SUPPORT A FINDING THAT THIS DISPUTE RESOLUTION AGREEMENT IS UNENFORCEABLE. THE FEDERAL ARBITRATION ACT (“FAA”) SHALL GOVERN THIS DISPUTE RESOLUTION AGREEMENT WITHOUT GIVING EFFECT TO ANY STATE LAW TO THE CONTRARY.
Any Dispute shall be settled exclusively by final, binding arbitration before a single arbitrator in the County of Boone in the State of Illinois in accordance with the then-prevailing Comprehensive Arbitration Rules of JAMS, Inc. Notwithstanding the foregoing, venue and jurisdiction for any claims or disputes arising under or relating to this Agreement brought by residents of Louisiana shall be established pursuant to Louisiana law.
WAIVER OF CLASS ACTIONS. YOU UNDERSTAND AND AGREE THAT IN THE EVENT OF A DISPUTE BETWEEN YOU AND BRIGHT MARKETER YOUR SOLE REMEDY IS IN AN INDIVIDUAL CAPACITY. YOU HEREBY WAIVE YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
WAIVER OF JURY TRIAL.YOU UNDERSTAND AND AGREE THAT IN THE EVENT OF A DISPUTE BETWEEN YOU AND BRIGHT MARKETER YOU HEREBY WAIVE YOUR RIGHT TO A JURY TRIAL.
This section shall survive the termination or expiration of this Agreement.
11. AKNOWLEDGEMENT
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY SIGNING IN THE BOX BELOW OR BY USING ONE OR MORE OF THE SERVICES OF THE COMPANY REFERENCED HEREIN YOU EXPRESSLY CONSENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.