Terms of Use
 
BRILLIANT CONNECTIONS® WEB SITE AND PRODUCTS TERMS OF USE
 
PLEASE READ THESE TERMS AND CONDITIONS (“AGREEMENT”) OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE

Subscription to the Brilliant Connections (hereafter by name or “BC”) Site (“the Site”) and BC Tools (“BC Tools” or “the Tools”) or BC Services (“BC Services” or “the Services”) is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older.  Any use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school or college with approval of their respective parent or guardian, is unauthorized, unlicensed and in violation of these Terms of Use. By using any BC Service or the Site, you represent and warrant that you are 13 or older and in high school or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.  In any event, this Site is intended to be solely utilized as a professional networking site, and is not intended to be merely a “social” site.

Brilliant Connections, LLC ("Brilliant Connections") provides individuals, businesses and organizations with (i) a variety of Tools and resources for marketing; (ii) professional networking; and (iii) communications services/products. The following are the terms and conditions for access to this web site and use of BC Tools. By clicking the ‘I accept’ button on the sign-up page, by logging in to Brilliant Connections, or by utilizing any feature or function on the Brilliant Connections (“BC”) website, you accept these terms and conditions. If you are an employee using this site on behalf of your employer, you warrant and represent that you have full authority to do so.

All content on the BC Site, including but not limited to descriptions, designs, text, graphics, pictures, video, information, applications, software, profiles, sound and other files, and their utilization and arrangement, are the proprietary property of Brilliant Connections with all rights reserved. The BC Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Brilliant Connections’ prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site to which you have properly gained access solely for your personal or professional, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Brilliant Connections’ materials and/or content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the BC Site content is strictly prohibited. The aforementioned license is limited and subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or its content other than as specifically authorized herein, without the prior written permission of Brilliant Connections, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation, copyright, proprietary, and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implied or otherwise. This license is revocable at any time without notice and may be done so with or without cause.

You are solely responsible for your interactions with other BC members and users. We reserve the right, but have no obligation, to monitor disputes between members and users.

 
1. Copyright and Trademark Information

This web site, and the information which it contains, is the property of Brilliant Connections, LLC and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Violation of such laws, regulations, and/or statutes shall be aggressively pursued and prosecuted by Brilliant Connections.

 
2. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that

  • BC Tools may not be used for the sending of unsolicited email (sometimes called "spam").
  • BC Tools may only be used for lawful purposes.
  • Certain BC services will be subject to monthly subscription fees.
  • You agree you will not access or otherwise use third party email lists other than those available via BC. In any event, you agree you will not utilize any email list in any unlawful or inappropriate manner.
  • You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you in connection with your use of BC Tools. You hereby covenant that you shall not use any other lists in connection with your use of BC Tools. You acknowledge and agree that not all messages sent through use of BC Tools will be received by their intended recipients.
  • Every email message sent by you in connection with BC Tools must contain the Brilliant Connections "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
  • You will comply with the restrictions on content of e-mail messages and activities using BC Tools as set forth in this Agreement.
  • You will not use the BC Site or its services in any manner that could damage, disable, overburden or impair the Site.
  • You will not upload, post, transmit, share, store or otherwise make available any content that we, in our sole discretion, deem to be harmful, threatening, unlawful, racially objectionable, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, invasive of privacy or publicity rights, or otherwise distasteful.
  • You will not impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity.
  • You will not upload, post, transmit, share, or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
  • You will not upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • You will adopt and maintain the BC Privacy Policy, which may be modified by Brilliant Connections from time to time.
  • You will enter information in the Brilliant Connections network that is truthful and correct.
  • You will not post any profile in the Brilliant Connections network except your own.
  • You will not infringe on any trademark, copyright, or other legal protective restriction, to which you do not have express, written authorization to use.
  • You will not post “lewd” or socially unacceptable materials within the BC site.
  • You agree that Brilliant Connections may terminate your profile within the Brilliant Connections network if, in the sole discretion of Brilliant Connections, your profile is determined to be distasteful or unacceptable.
 
3. Profile Content

You are solely responsible for the photos, profiles, messages, notes, text, information, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Site, or transmit to or share with other users. You may not post, transmit, or share content on the Site that you did not create or that you do not have permission to post. You understand and agree that Brilliant Connections may, but is not obligated to, review the Site and may delete or remove (without notice) any information you have posted that, in Brilliant Connections’ sole discretion, for any reason or no reason, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any content you post or store on the Site or provide to Brilliant Connections.

When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on the Site. By posting content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Brilliant Connections an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing. You may remove your content from the Site at any time. If you choose to remove your content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your content.

 
4. Products and Support

The BC Site, BC Tools and BC Services are provided subject to this Agreement, as it may be amended by Brilliant Connections, and any guidelines, rules or operating policies that Brilliant Connections may establish and post from time to time, including without limitation Brilliant Connections' customer Privacy Policy, as linked from all email generated from Brilliant Connections or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the brilliantconnections.com website, or otherwise providing notice to you, Brilliant Connections may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Site, BC Tools, or BC Services in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Tool or Service, or at Brilliant Connections' website. BC Tools and Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, BC Tools and Services are not available to individuals under the age of 18. If you do not qualify, you are not permitted to use BC Tools. If you are using BC Tools in your capacity as an employee, you must have the ability to bind your employer by your use of the Product. You must complete the registration form on the Brilliant Connections sign up web page in order to use BC Tools. You shall provide true, accurate, current, and complete information about yourself as requested in that registration form. You may from time to time provide Brilliant Connections’ service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of BC Tools. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Brilliant Connections or its personnel.

 
5. Fees and Payment
 
5.1 Agreement to Pay. You agree to pay for all services and products that you purchase through Brilliant Connections, directly or indirectly, and Brilliant Connections may charge your billing payment method for any such payment(s). Brilliant Connections may, in its sole discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases you make. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge.
 
5.1 Agreement to Pay. You agree to pay for all services and products that you purchase through Brilliant Connections, directly or indirectly, and Brilliant Connections may charge your billing payment method for any such payment(s). Brilliant Connections may, in its sole discretion, post charges to your billing payment method individually or may aggregate your charges with other purchases you make. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the billing payment method you designate when you first make a purchase or incur a charge.
 
5.2 Billing Authorizations for Free Trial Memberships. You may be required to provide billing payment method to register for a free trial offer to BC services. In that event, you agree that Brilliant Connections may obtain a pre-authorization for the fee amount that you will be charged if you complete the free trial and continue a BC service membership. It is possible that some financial institutions may perceive these requested amounts as actual pending charges. These are not actual charges however, and Brilliant Connections will not be responsible for any results, such as an overdraft fee, that may occur to your account because of them.
 
5.3 Prices/Taxes/Electronic Contracts. All prices for services and products within Brilliant Connections are subject to change at any time. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Brilliant Connections reserves the right to change this policy at any time. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Brilliant Connections shall not be responsible or liable to you for the products or services purchased.
 
5.4 Payment. Payment for BC Tools and/or Services will be made by a valid credit card or debit card accepted by Brilliant Connections. Checks will be accepted for prepayments of at least six (6) months. Fees are payable in U.S. dollars. If the monthly payment option is selected or if you have previously provided your credit or debit card for payment, you hereby authorize Brilliant Connections to charge your credit or debit card for such amounts on a regular monthly basis beginning at the end of your free trial period. If Brilliant Connections is for any reason unable to effect automatic payment via your credit or debit card, Brilliant Connections will attempt to notify you via email and your Brilliant Connections account will be disabled until payment is received. Amounts paid for BC Tools and/or Services are not refundable.

Should you choose recurring subscription packages to Brilliant Connections services and/or products, you authorize Brilliant Connections to charge applicable recurring subscription fees to your designated billing payment method. Monthly subscribers are billed on a 30-day cycle, which begins upon registration for such service (or at the end of a limited free trial period, if applicable to a promotion that you joined through) and ends 30 days thereafter (each a "Subscription Month"). If you are a member and choose services on an “ala carte” plan, your credit card or debit card will be charged at the time you use the selected service. If your billing payment method changes during the term of your subscription plan, you must immediately update the billing payment method associated with your BC account. If BC is unable to charge your billing payment method for an installment, BC may: (i) immediately suspend or terminate your BC account, (ii) seek collection of the outstanding amount owed under the subscription plan and/or (iii) seek legal action against you for breach of this Agreement
 
6. Email, Permission Practices, Image Hosting & Prohibited Content
 
6.1 Subscriber Opt Out. Every email message sent in connection with BC Tools must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Brilliant Connections. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 10 days of submission, and update the email addresses to which messages are sent through your Brilliant Connections account.
 
6.2 Permission Practices. You agree to import, access or otherwise use only email lists that have granted you pre-approval for your communications, in connection with your use of BC Tools. You hereby covenant that you shall not use any other lists in connection with your use of BC Tools. If you have used the Brilliant Connections feature that allows you to request a recipient to confirm that you have his or her permission to send emails to him or her, and such recipient has not responded or does not respond affirmatively to such request for confirmation, you agree that you shall not send emails to that recipient. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. You cannot copy a Brilliant Connections template or any other features or functionality from BC Tools and use them for any purpose other than sending email messages from BC Tools. Emails that you send through the Product may generate spam complaints from recipients. As a matter of privacy, Brilliant Connections cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. Brilliant Connections, in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. Brilliant Connections will terminate your use of its Products if Brilliant Connections determines that your level of spam complaints is higher than industry norms.
 
6.3 Footers. For every email message sent in connection with BC Tools, you acknowledge and agree that Brilliant Connections may add an identifying footer stating "Powered by Brilliant Connections" or a similar message.
 
6.4 Use of Images Hosted by Brilliant Connections. Images hosted by Brilliant Connections on Brilliant Connections controlled servers may only be used in connection with BC Tools and for no other purpose whatsoever.
 
6.5 Prohibited Content. Brilliant Connections prohibits the use of BC Tools or web site by any person or entity that:

  • Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online pharmacies, work at home businesses, credit or finance management, mortgage and debt relief offers, DJ/nightclub, event/club promotions/party lists, odds making, and betting/gambling services.
  • Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Provides content, including images, of authors, artists, photographers or others without the express written consent of the content owner.
6.6 Right to Disable Access. Brilliant Connections, at its own discretion, may immediately disable your access to BC Tools without refund if Brilliant Connections believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
 
7. Restrictions and Responsibilities
 
7.1 No Rights in Software. This is an Agreement for services and access to the BC web site, products and services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through BC Tools or any software, documentation, or data related to BC Tools ("Software"); remove any proprietary notices or labels from BC Tools or any Software, modify, translate, or create derivative works based on BC Tools or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to BC Tools or any Software.

Unless you are an authorized reseller of BC Tools, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with BC Tools or the Software, or any content, including but not limited to newsletters, distributed to you by Brilliant Connections in connection with BC Tools. Violation of these restrictions may result in the termination of this Agreement.
 
7.2 Permitted Use of BC Tools. BC Tools shall be used for your internal business (which includes civic or charitable) purposes only, and you shall not use BC Tools or any Software for timesharing or service-bureau purposes or otherwise for the benefit of a third party. If you are using BC Tools in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software or Products, then you hereby covenant that, prior to engaging in such activities, you will first request that Brilliant Connections perform such work at its standard professional services rates.
 
7.3 Compliance with Laws; Monitoring. You shall use BC Tools only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although Brilliant Connections has no obligation to monitor the content provided by you or your use of BC Tools, Brilliant Connections may do so and may block any e-mail messages, remove any such content or prohibit any use of BC Tools that Brilliant Connections believes may be (or is alleged to be) in violation of the foregoing.
 
7.4 Indemnification. You hereby agree to defend, indemnify and hold harmless Brilliant Connections and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using BC Tools or (iii) otherwise arises from or relates to your use of BC Tools. In addition, you acknowledge and agree that Brilliant Connections has the right to seek damages when you use BC Tools for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
 
7.5 Your Information. In using the varied features of BC Tools, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Brilliant Connections. Brilliant Connections may use this information and any technical information about your use of BC Tools to tailor its presentations to you, facilitate your movement through the Product, or communicate separately with you. If you licensed BC Tools as a result of solicitation by a marketing partner of Brilliant Connections, Brilliant Connections may share your information with the marketing partner and the marketing partner may share related information with Brilliant Connections. Brilliant Connections will not provide your contact information to companies you have not authorized for that purpose unless required by law or unless you are terminated from Brilliant Connections due to unsolicited commercial email being sent from your Brilliant Connections account.
 
7.6 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any contact lists, communications or content of any type to this web site or in connection with BC Tools that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this web site or using them in connection with BC Tools, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Brilliant Connections or to any third party using BC Tools, any communication or content that infringes or violates any rights of any party. If you submit any business information, ideas, concepts or inventions or content to Brilliant Connections by email, you agree such submission is non-confidential for all purposes. If you make any submission to this web site or if you submit any business information, idea, concept or invention to Brilliant Connections by email, you automatically grant—or warrant that the owner of such content or intellectual property has expressly granted—Brilliant Connections a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
 
8. Termination
 

You may terminate this Agreement at any time by calling Brilliant Connections Customer Support. There are no refunds for any fees paid.

Brilliant Connections may terminate this Agreement or BC Tools, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Brilliant Connections shall have no liability to you or any third party because of such termination or action.

 
9. Warranty Disclaimer; Remedies
 

USE OF BC TOOLS AND ANY RELIANCE BY YOU UPON BC TOOLS, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. BRILLIANT CONNECTIONS DOES NOT WARRANT THAT BC TOOLS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BC TOOLS. BC TOOLS ARE PROVIDED "AS IS" AND BRILLIANT CONNECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of BC Tools shall be for Brilliant Connections to use commercially reasonable efforts to adjust or repair BC Tools.

 
10. Limitation of Liability
 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BRILLIANT CONNECTIONS OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "BRILLIANT CONNECTIONS") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BRILLIANT CONNECTIONS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, BRILLIANT CONNECTIONS IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF BRILLIANT CONNECTIONS TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR BC TOOLS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY BRILLIANT CONNECTIONS TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

 
11. Links to Third-Party Web Sites
 

This web site may contain links to non-Brilliant Connections web sites. These links are provided to you as a convenience, and Brilliant Connections is not responsible for the content of any linked web site. Any non-Brilliant Connections web site accessed from this web site is independent from Brilliant Connections, and Brilliant Connections has no control over the content of that web site. In addition, a link to any non-Brilliant Connections web site does not imply that Brilliant Connections endorses or accepts any responsibility for the content or use of such web site.

 
12. No Implied Endorsements
 

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Brilliant Connections of that third party or of any product or service provided by a third party.

 
13. Notice and Take Down Procedures; Copyright Agent
 

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting Brilliant Connections’ and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) e-mail address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Email: bclegal@brilliantconnections.com

In an effort to protect the rights of copyright owners, Brilliant Connections maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.

 
14. Username and Password
 

You are responsible for maintaining the security of your account, passwords, and files. Brilliant Connections will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. Brilliant Connections has no knowledge of your organizational structure, if you are registering for BC Tools as an entity, or your personal relationships, if you are a person. Brilliant Connections shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

 
15. Miscellaneous
 
15.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
 
15.2 Brilliant Connections and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
 
15.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Brilliant Connections in any respect whatsoever.
 
15.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
 
15.5 The Agreement shall be governed by the laws of the State of Texas, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Dallas, Texas.