Terms and Conditions of Service

Last Updated: October 17, 2008

Overview

Please read this web page carefully. It describes the Terms and Conditions on which you may access and use the BrightFuse web site. To become a BrightFuse user, you must read and accept all of the Terms and Conditions and the Privacy Policy. In the event of any inconsistency between the BrightFuse Privacy Policy and the Terms and Conditions, the Terms and Conditions shall control. If you do not accept these Terms and Conditions or the provisions of the Privacy Policy, you may not use nor access the services. Your use of the BrightFuse Services is governed by these Terms and Conditions. BrightFuse reserves the right to suspend or terminate your use of BrightFuse for any reason at any time, in its sole discretion.

We reserve the right to modify the Terms and Conditions at any time, and without prior notice, by posting amended terms on this website. Your continued use of the BrightFuse service indicates your acceptance of all amended Terms and Conditions.

Description of Service

BrightFuse is an online service allowing professionals to connect with other professionals who are actively networking to find better employment opportunities, a service or business provider or who are simply looking to manage and organize their network of contacts.

Membership Eligibility

BrightFuse is not available to minors under the age of 18 or to any users suspended or removed from the system. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their BrightFuse account to another party.

Use of Service

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge or permission. If others use your password to post inappropriate material on the web site you risk losing your access. You agree to notify BrightFuse immediately of any unauthorized use of your registration and password. BrightFuse will not be liable for any loss or damage arising from your failure to comply with this provision.

Termination

The following may lead to a termination by BrightFuse of a user’s access and use of the BrightFuse Service:

  1. Breaches or violations of these Terms and Conditions, Privacy Policy
  2. As requested by law enforcement or other government agencies
  3. Unexpected technical issues or problems

Termination of your account includes removal of access to all offerings within BrightFuse. Furthermore, you agree that all terminations shall be made in BrightFuse’s sole discretion and that BrightFuse shall not be liable to you nor any third-party for any termination of your account or access.

User Conduct and Security

You understand and agree not to use BrightFuse to:

  1. Respond to content provided by other users in any manner or for any purpose other than that which is expected with use of the web site.
  2. Send unsolicited commercial email to users.
  3. Delete or revise any material posted by any other person or entity.
  4. Post content containing
    1. copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material)
    2. trade secrets (unless you own them or have the owner's permission to post them)
    3. material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others
    4. keywords or white text keywords (including any words embedded in the Document and hidden from the User)
    5. anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful
    6. anything that is embarrassing or offensive to another person or entity
  5. Impersonate another person, living or dead; post false, inaccurate or misleading information; post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, "club memberships," distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); post chain letters or pyramid schemes; or post opinions or notices, commercial or otherwise.

Additionally, users are prohibited from violating or attempting to violate the security of the web site, including, without limitation:

  1. accessing data not intended for such User or logging into a server or account which the User is not authorized to access
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing"
  4. sending unsolicited e-mail, including promotions and/or advertising of products or services
  5. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting

Violations of system or network security may result in civil or criminal liability. BrightFuse will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Information Provided on this Website

You understand that BrightFuse retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the BrightFuse Service is the sole responsibility of the person from which such content originated and that BrightFuse will not be liable for any errors or omissions in any content. You understand that BrightFuse cannot guarantee the identity of any other users with whom you may interact in the course of using the BrightFuse Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or services or opportunities they may describe and/or offer.

Monitoring and Enforcement

BrightFuse reserves the right, but is under no obligation to monitor the content posted by its users. BrightFuse will not be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the BrightFuse web site.

Indemnification

By accepting these Terms and Conditions, you agree to defend, indemnify, and hold harmless BrightFuse (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the BrightFuse Service, any information posted by you, or your breach of these Terms and Conditions. Any business transactions which may arise between users from their use of BrightFuse are the sole responsibility of the users involved.

Notwithstanding the provisions set forth in the Privacy Policy, you understand and agree that BrightFuse may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with any required court proceeding or protect the rights, property, or safety of other BrightFuse users.

Disclaimer of Warranties

  1. THE BRIGHTFUSE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. BRIGHTFUSE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. BRIGHTFUSE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
  2. Without limitation on the foregoing:
    1. BRIGHTFUSE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BRIGHTFUSE IS NOT RESPONSIBLE FOR THOSE COSTS.
    2. BrightFuse makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any content posted by users, or of any other form of communication engaged in by users. Content may contain inaccuracies or typographical errors. You agree that any reliance on content posted by users, or on any other form of communication with Users, will be at your own risk.
    3. BrightFuse makes no representations or guarantees regarding the content of the web site, including, but not limited to, broken links, inaccuracies or typographical errors.

Disclaimer On Company Inquires and Responses

BrightFuse does not control the content included within the inquiries submitted or responses to the inquiries submitted. BrightFuse does not endorse the views or opinions expressed by a user nor guarantees the accuracy of the identity of the user responding to an inquiry. By accessing a user response, you acknowledge that:

  1. you may be exposed to content provided by a user that may contain abusive, offensive or otherwise objectionable content; and
  2. BrightFuse will not be liable in any way for the content, including, but not limited to any claims, errors or omissions in such content or e-mail addresses included therein, or any loss or damage of any kind incurred as a result of the review and/or use of such content.

You also agree that BrightFuse may access, preserve and disclose your identity if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:

  1. comply with legal process;
  2. respond to claims that any e-mail messages violate the rights of third parties;
  3. protect the rights, property or personal safety of BrightFuse, the users of the the BrightFuse site and the public. For more information regarding your privacy, see our privacy policy

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRIGHTFUSE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRIGHTFUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL BRIGHTFUSE’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.

Governing Law

Your use of the BrightFuse Service will be governed by and construed in accordance with the laws of the State of Illinois without regard to conflict of laws principles. Except as expressly provided by BrightFuse in a particular "Legal Notice," software license, amendment or material on particular pages of the web site, your acceptance of these Terms and Conditions constitute the entire agreement of your use between you and BrightFuse.