Terms of Service
Effective Date: September 25, 2026
Call (888) 275-5357 to request a translation to another language
BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE TO THE BINDING ARBITRATION TERMS IN THE DISPUTE RESOLUTION SECTION UNLESS YOU TIMELY SEND US AN ARBITRATION OPT-OUT NOTICE IN ACCORDANCE WITH THE PROCEDURES.
Brightline, Inc. (“Brightline”, “we”, “us”, or “our”) provides content, products, and preventative services via www.brightline.com, www.brightlife.kids (the “Websites”), our applications (the “App”), and other related interactive features and delivery methods (collectively, the “Product”).
Brightline has partnered with the California Department of Health Care Services to offer BrightLife Kids Behavioral Health Coaching and Guided Care for any family living in California with kids 0-12 years old. Brightline, in partnership with its affiliated medical providers, including Brightline Medical Associates, P.A. and its affiliated entities, Brightline Medical Associates of New Jersey, P.A., and their engaged clinicians (collectively, “BMA”) provides in person and virtual mental health care for children and teens ages 0 to 18 years, and their families through therapy, psychiatry (medication management), or non-clinical coaching services from certified coaches. The Product, together with all content, features, functionality, and clinical and non-clinical services made available through or in connection with the Product, are collectively referred to as the “Services”.
You agree that these Terms govern your access to and use of the Services offered by Brightline and BMA. If you and/or your Family Member use BrightLife Kids Coaching and Guided Care services through Brightline, Inc., or medical services provided by BMA, you understand and agree that you, and your Family Member, are bound by and subject to the BrightLife Kids Coaching Agreement or BMA’s Mental Health Consent (collectively, “Informed Consent”). PLEASE READ THE SERVICE LINES’ INFORMED CONSENT CAREFULLY BEFORE ELECTING TO UTILIZE THE SERVICES OF BMA.
THESE TERMS & CONDITIONS (“TERMS”) GOVERN YOUR ACCESS TO AND USE OF THE SERVICES. THE TERM “DEVICE” REFERS TO THE DEVICE WHICH IS USED TO ACCESS THE SERVICES, INCLUDING BUT NOT LIMITED TO COMPUTERS, SMARTPHONES, AND TABLETS. THE TERM “YOU” REFERS TO THE USER OF THE SERVICES. PLEASE READ THESE TERMS AND OUR PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES. ACCESSING OR USING THE SERVICES ON ANY DEVICE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND OUR PRIVACY POLICY. ACCEPTING THESE TERMS DOES NOT ESTABLISH A PATIENT/PROVIDER RELATIONSHIP WITH BRIGHTLINE. IF YOU DO NOT ACCEPT THESE TERMS OR OUR PRIVACY POLICY, YOU MAY ELECT NOT TO USE THE SERVICES.
WHERE CONSENT FROM A PARENT, GUARDIAN, CONSERVATOR OR CUSTODIAN (“GUARDIAN”) IS REQUIRED FOR ANOTHER PERSON, INCLUDING ANY MINOR (“FAMILY MEMBER”), TO RECEIVE THE SERVICES, YOU HEREBY CONFIRM THAT AS THE CONSENTING GUARDIAN, YOU HAVE THE SOLE RIGHT TO CONSENT TO THE SERVICES FOR THE FAMILY MEMBER SEEKING THERAPY AND ARE NOT LEGALLY MANDATED TO CONFER WITH OR GET CONSENT FROM ANY OTHER LEGAL GUARDIAN BEFORE CONSENTING. YOU MAY ALSO NEED TO PROVIDE AFFIRMATIVE CONSENT ACCORDING TO THE PROVISIONS SET FORTH IN THE PRIVACY POLICY REGARDING THE COLLECTION, PROCESS, USE AND DISCLOSURE OF PERSONAL INFORMATION ON BEHALF OF THE MINOR FAMILY MEMBER. YOU ALSO AGREE THAT CONSENT TO THE SERVICES REMAINS VALID UNTIL MEMBERSHIP IS CANCELLED OR UPON REVOKED CONSENT.
Protecting and safeguarding any personal information you provide through the Products and Services is extremely important to us. Please refer to our Privacy Policy to learn how we use, share and protect your personal information and your protected health information.
YOU AGREE THAT THE SERVICES ARE NOT INTENDED TO BE USED IN A MEDICAL EMERGENCY. IF YOU ARE LOCATED IN THE UNITED STATES AND YOU ARE HAVING THOUGHTS OF SUICIDE OR SELF-HARM, PLEASE CALL OR TEXT 988, THE SUICIDE AND CRISIS LIFELINE. IF YOU ARE IN IMMEDIATE DANGER, PLEASE CONTACT 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THESE PRODUCTS AND SERVICES. IF
YOU ARE LOCATED OUTSIDE OF THE UNITED STATES, PLEASE CONTACT YOUR LOCAL CRISIS OR EMERGENCY RESOURCES OR GO TO THE NEAREST EMERGENCY ROOM.
YOU AGREE THAT DISPUTES BETWEEN YOU AND BRIGHTLINE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED BELOW. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU WISH TO OPT OUT OF ARBITRATION, FOLLOW THE OPT-OUT PROCEDURE SPECIFIED BELOW.
Legally Binding Agreement
These Terms, and any amendments or supplements thereto, together with our Privacy Policy (the “Privacy Policy” and together with these Terms, the “Agreement”) form a legally binding agreement between you and us, and governs your access to and use of the Services. The Services are intended solely for use by individuals located in the United States. By using the Services, you represent and warrant that you located in the United States, you are at least 18 years of age or the age of legal majority in your jurisdiction and have the legal capacity to enter into a binding agreement with us. The Services are not intended for use by persons under the age of 18 except as authorized through a parent, guardian, conservator, or custodian who has accepted these Terms. If you are not located in the United States, you are not authorized to access or use the Services.
Updates to the Terms
We may modify these Terms from time to time in our sole discretion. We will notify you of material changes by posting the amended terms on our Website and the App at least fifteen (15) days before the effective date of the changes. If we have your email on file, we may also notify you of material changes to the Terms by email at least fifteen (15) days before the effective date of the changes. Please make sure we have your current email address so that you will receive notice of any material changes. If you do not agree with the proposed changes, your sole remedy is to discontinue your use of the Services before the effective date of the changes. If you continue using the Services after the effective date, you will be bound by the updated Terms.
Account Registration and Security
You may use the Services only for your own personal, non-commercial use. If you are registering on behalf of your Family Member, your Family Member may only use the Services for their own personal, non-commercial use. To access certain features of the Services or to become a member, you will have to create an account via our website at www.hellobrightline.com or the Brightline mobile app. It is important that you provide us with accurate and complete information for your account, and update as needed. You are responsible for protecting your account username and password, and for all activities that occur under your account. You should immediately notify us of any unauthorized use of your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We are not liable and will not be responsible for any loss or damage if you do not protect your account or your personal information. We may suspend or terminate your account if we reasonably believe that the account is being used in connection with fraudulent activity or that you have breached these Terms. If you wish to no longer use your account, you may delete your account by accessing the app and navigate to Account, then Personal Info, and then click the "Delete my account" at the bottom of that screen..
Service Use Suspension and Termination
You may terminate your use of the Services at any time by not using the Services any more. We may suspend or terminate your use of the Services at any time, for any reason, by sending notice to you at the email address you provided or otherwise contacting you or posting a notice on the Services. If we suspend or terminate your use of the Services because you have breached these Terms or any other agreement you have entered into with us, you will not be entitled to any refunds of fees paid for Services. We are not required to provide you with notice prior to suspending or terminating your use of the Services, or to provide a reason for such suspension or termination. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.
Use of the Services
By using our Services, you understand that we may use your personal information to perform Services that you request in accordance with our Privacy Policy. In the course of providing Services, your personal information may be available or provided to third-party service providers as Brightline’s business associates and service providers who are contractually obligated to protect your information under these Terms.
Subject to your compliance with these Terms, during the term of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely within the United States and solely for your personal and non-commercial purposes.
Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do not acquire any ownership rights in the Services. You may not remove, alter, or obscure any proprietary notices. You may not distribute, sell, license, or otherwise exploit the Services or any Brightline or BMA intellectual property, except as expressly permitted in these Terms.
The following is a list of the type of actions that you may not engage in with respect to the Services:
You will not promote, encourage, or engage in defamatory, abusive, libelous, obscene, threatening, harassing, hateful or otherwise objectionable behavior.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, "data mine", or in any way reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
You will not use any data contained in or obtained from the Services to train any large language models or other forms of generative artificial intelligence;
You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos, URLs or product names without our express written consent;
You will not use the Services or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
You will not use, display, "frame" or "mirror" any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us;
You will not collect or store any personal information, including personally identifiable information, from users without their express permission;
You will not provide any inaccurate, incomplete, false or misleading information, including regarding your identity or medical condition, when using the Services;
You will not allow any other person to use your account, username or password to access the Services, unless otherwise permitted herein; and
You will not assist or permit any person to engage in any of the activities described in this Section.
Consent to Electronic Communications
Email, text messaging, push notifications and other electronic communication (“Electronic Communications”), such as posting notices on the Services, allows Brightline to exchange information with you efficiently in connection with the provisioning of our Services. This includes communication about product information, appointment reminders, links to surveys, parenting tips, newsletters, and other educational and promotional content.
Your use of the Services means that you agree and consent to the use of Electronic Communications as an acceptable form of communication for the purposes of receiving our Services.
By providing us with your email address, you may receive email communications from us related to the Services, including marketing and promotional messages. To unsubscribe from these promotional messages, you can click on the unsubscribe link included in all promotional emails. Please note that you will continue to receive transactional or administrative communications.
By providing us with your phone number, you may receive SMS/text message communications from us related to your account and use of the Services. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt out of receiving SMS/ text message communications from us at any time by replying “STOP”. We will send a final SMS message to confirm that you have been unsubscribed and after this you will no longer receive SMS messages from us.
You acknowledge that digital communications sent over unencrypted networks may not be completely secure, and there may be the potential for such communications to be accessed in storage or during transmission. Brightline cannot guarantee security of networks. This includes the internet, and any wireless networks in which information may be transferred to Brightline. We are committed to protecting your privacy which includes limiting the amount and type of confidential information disclosed in un-encrypted email and text communication.
Applicable laws require that some of the information or communications we send to you should be in writing. You agree to transact with us electronically, and that communication with us will be mainly electronic. You acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. You have the right to receive a paper copy of the communications and to withdraw consent to have communications provided in electronic form. To receive a paper copy or withdraw consent, please request it by emailing us at [email protected]. Please be sure to identify the particular communication for which you are requesting a copy.
If you wish to change your email address, phone number, or modify your preferences regarding the use of email and text communication, you may do so through your profile settings on the app or by contacting Member Support at [email protected]. You can also contact [email protected] to unsubscribe from further communications. Unsubscribing from communication may impact your experience with using the Services. For more information about our privacy practices and your rights, please see our Privacy Policy.
Artificial Intelligence
We may use artificial intelligence (“AI”) tools from third-party service providers to help us optimize our Services, assisting us and improving our customer service and communications processes, and to perform internal analytics for new and existing products and to conduct research and development. We may offer AI chatbot features on our website to respond to general inquiries from website visitors using AI-generated responses based on available information on our website, such as the Brightline AI Info Agent. By using the Brightline AI Info Agent, you acknowledge and agree that any information submitted through the chat feature may be used to provide responses to inquiries from you. Please do not submit any Personal Information or sensitive information in the Brightline AI Info Agent. For more information on how we process your Personal Information, please see our Privacy Policy.
Intellectual Property Rights
If you submit, post, or transmit any content, information, or other materials through the Services (collectively, “User Materials”), you grant to us a royalty-free, non-exclusive, irrevocable, perpetual, unrestricted, worldwide license to use, reproduce, modify, distribute, display, and create derivative works from such User Materials for any legal purpose. You represent that you own or have the necessary rights to grant this license and that your User Materials do not violate the rights of any third party. User Materials are non-confidential unless specifically stated otherwise in our Privacy Policy. We reserve the right to remove or refuse any User Materials at any time in our sole discretion, without notice or liability.
The Services and all content, features, functionality, software, materials, and Marks (as defined below) are owned by Brightline and BMA, or our licensors and we retain all ownership rights, title and interest (including all intellectual property rights) worldwide to the Services, including to all software and content. No rights are granted to you other than as expressly set forth in these Terms. All trademarks, service marks, logos and trade names (“Marks”) are owned by Brightline, BMA, or other respective owners. You may not use any Mark without our prior written consent.
Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF OR INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, ACCURATE, RELIABLE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any general advice not specifically identified as being part of your individualized treatment plan that may be posted on the Services is for informational purposes only and is not intended to replace or substitute for any medical or other advice. To the maximum extent not prohibited by law, we make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the general information offered or provided within or through the Services. If you have specific concerns or a situation arises in which you require medical advice, you agree to follow up and consult with an appropriately trained and qualified medical services provider who has knowledge of your specific situation.
The Services are intended for use only within the United States and its territories. We make no representation that the Services are appropriate, or are available for use outside the U.S. Those who choose to access and use our Services from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws. Neither Brightline nor BMA agree, explicitly or implicitly, to provide you with healthcare or related services in a jurisdiction outside of the practice jurisdiction in which BMA is empowered to provide Services.
Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES, LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS (THE “BRIGHTLINE AND BMA PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR AGGREGATE LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Brightline and BMA Parties from and against any liability, losses, claims, demands, damages, and reasonable attorneys’ fees and costs of litigation arising out of or in connection with: (a) your User Materials; (b) your breach of these Terms or violation of applicable law; or (c) your willful misconduct in connection with the Services. This indemnification obligation does not extend to any claim to the extent arising from the gross negligence or willful misconduct of any Brightline or BMA Party.
Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and cancel your account (if applicable).
Dispute Resolution
Agreement to Arbitrate.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). You will also have the right to litigate any other Dispute if you provide us with written notice to opt out of arbitration (“Arbitration Opt-out Notice”) by email at [email protected] or by regular mail to our mailing address at: 400 Concar Dr., San Mateo, 94402 within thirty (30) days following the date you first accept these Terms, or if you have not registered for an account, then within thirty (30) days following the date you first use our Services. If you don’t provide us with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide us with an Arbitration Opt-out Notice, will be the state and federal courts located in the State of Delaware and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide us with an Arbitration Opt-out Notice, you acknowledge and agree that you are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless you otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If a decision is issued stating that applicable law precludes enforcement of any limitations set forth in this Agreement to Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in the state or federal courts located in Delaware. All other claims will be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. AAA provides a general form for a Demand for Arbitration and a separate form for Demand for Arbitration for California residents. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. We will not seek, and hereby waive all rights we may have under applicable law to recover, attorneys’ fees and expenses if we prevail in arbitration.
Fees.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, we will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes.
Notwithstanding anything to the contrary in these Terms, if we change this “Dispute Resolution” section after the date you accepted these Terms or access our Services, you may reject any such change by sending us written notice (including by email to [email protected]) within 30 days of the date such change became effective, as indicated in the “Effective Date” listed at the beginning of these Terms or in the date of our email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the provisions of this “Dispute Resolution” section as of the date you accepted these Terms, or accessed our Services.
Third-Party Materials
The Services may display, contain or make available information, applications, products, services, platforms, or links to third-party sites, webpages, services, products, platforms or applications, or other materials that are owned and operated by third parties (collectively, “Third-Party Materials”). We are not responsible for the privacy and security practices or the content, advertising, products, services or other materials made available on or through any such Third-Party Materials. We provide Third-Party Materials to you only as a convenience, and the inclusion of any such Third-Party Materials does not imply endorsement of any kind by us.
Your use of any Third-Party Materials may be subject to additional terms, conditions, and privacy policies issued by the applicable third-party provider (“Additional Terms”), which are not controlled by us. You are responsible for reviewing and agreeing to any Additional Terms before using such Third-Party Materials. To the extent of any inconsistency between Additional Terms and these Terms, the Additional Terms control.
General Provisions
These Terms (together with our Privacy Policy and any terms incorporated by reference herein) make up the entire agreement relating to your use of the Services, and supersede all prior agreements relating to the subject matter hereof.
These Terms will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions. We may change, suspend, or discontinue any of the Services at any time. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. These Terms do not confer any third-party beneficiary rights. You may not transfer, assign, convey, subcontract, or delegate any of your rights or obligations under these Terms to any other party without our consent. Brightline and/or BMA may assign any or all of our rights or obligations without prior notice to you and for any reason.
We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”) about the Services. By submitting Feedback, you assign to us all right, title and interest in and to such Feedback. You should know that we can, but are not obligated to, use your Feedback without restriction or any obligation to compensate you, and aside from the laws governing the confidentiality of healthcare information, we have no obligation to keep them confidential.
If we are unable to provide the Services as a result of an event outside of our reasonable control, we will not be in breach of any of our obligations to you under this Agreement. No delay by us in exercising any right or remedy under these Terms will operate as a waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Each provision of this Agreement will be considered severable, such that if any one provision or clause conflicts with existing or future applicable law or may not be given full effect because of such law, no other provision that can operate without the conflicting provision or clause will be affected.
Even after termination, these Terms will remain in effect such that all terms that by their nature may survive termination will be deemed to survive such termination. For the avoidance of doubt, all representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your use of the Services or relationship with us. In order to protect the integrity of the Services, we may, at any time in our sole discretion, block users from certain IP addresses from accessing the Services.
Contact Information
If you have any questions about these Terms, please contact us via email at [email protected].