Terms and Conditions for www.brightspeed.com

Welcome to the Brightspeed website. Please read these terms carefully. By accessing this website, you agree to be bound by these Terms and Conditions, including any documents, policies and guidelines incorporated by reference (referred to collectively as the “Terms”). Certain services available through www.brightspeed.com, especially services for which you pay money, may have their own terms and conditions that apply. The Terms do not alter in any way the terms and conditions of any of those written or online terms and conditions or agreements you may have will Brightspeed. To the extent there is any conflict between these Terms and any terms and conditions relating to services you purchased, those other terms and conditions will govern.

Authority. By using our website, you represent that you are at least 13 years old. Persons who are at least 13 years of age, but under the age of 18 may only use our website with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise please exit the website.

Changes to the Terms or Site. Brightspeed may change or modify the Terms from time-to-time without notice other than posting the amended Terms to the website. Your continued use of our website after any changes in these terms shall constitute your consent to such changes. Brightspeed reserves the right to change, modify or discontinue, temporarily or permanently, the website, including any and all content contained in the website, at any time without notice. You agree that Brightspeed is not liable to you or any third party for any modification, suspension or discontinuation of this website.

Registration, Password and Security. Whenever you provide us information on our website, you agree to: (i) provide true, accurate, current and complete information and (ii) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect the information is, untrue, inaccurate, or incomplete, Brightspeed may without notice suspend or terminate your access to our website and refuse any and all current or future use of our website.

If any portion of our website requires you to register or open an account, you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Brightspeed of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which Brightspeed may otherwise have, Brightspeed reserves the right to take any and all action, as it deems necessary and reasonable, to ensure the security of the website and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Brightspeed may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Brightspeed be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Brightspeed under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.

The security of your personally identifiable information is important to us. While there is no such thing as “perfect security” on the internet, we will take reasonable steps to help ensure the safety of your personally identifiable information. However, you understand and agree that such steps do not guarantee that the use of the website is invulnerable to all security breaches, and that Brightspeed makes no warranty, guarantee, or representation that use of any of our website is protected from viruses, security threats or other vulnerabilities.

Privacy Notice. Please view our Privacy Notice, www.brightspeed.com/privacy-notice, which explains Brightspeed’s practices relating to the collection and use of your information through or in connection with our website.

Copyright and Authorization. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that are a part of this website or any other affiliated website are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Brightspeed or its subsidiaries and/or affiliates. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Product and Service Information. Brightspeed makes commercially-reasonable efforts to maintain price, availability and information as accurately as possible. Prices and product availability are subject to change without notice. All specials and promotions may be withdrawn at the discretion of Brightspeed. Brightspeed is not responsible for typographical errors, and we make very effort to ensure the accuracy of the information published on our website. If an error is made and a product is listed at an incorrect price, Brightspeed shall maintain the right to refund or cancel orders placed at the incorrect price.

Online Orders. In order to protect Brightspeed and its customers from fraudulent activity, we may implement reasonable procedures regarding online orders including but not limited to validating information provided or limiting the amount of services that may be ordered by a single individual or entity. Brightspeed reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.

Geographical Restrictions. Unless expressly and specifically stated otherwise on the website, Brightspeed provides this website for use only by persons located within the United States.

Site Security. Violating the security of the website is prohibited and may result in criminal and civil liability. Brightspeed may investigate incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Disclaimer of Warranties. Brightspeed makes no warranty, guarantee, or representation that your use of any Brightspeed Website will be protected from viruses, security threats, or other threats or vulnerabilities. Brightspeed also does not warrant that information on Brightspeed Websites, including information related to Brightspeed Products, is accurate, complete, or current. It is possible that pricing or service capabilities described for Brightspeed Products on Brightspeed Website have changed. In all such instances, Brightspeed will make reasonable efforts to address the error as soon as practicable. Brightspeed Websites and all related information, content, and supporting systems are made available to you "as is", "with all faults", and "as available" and Brightspeed does not warrant, in any way, the availability, accuracy, completeness, currentness, suitability, reliability, title, usefulness, noninfringement, merchantability, or fitness for a particular purpose of such items. You access Brightspeed Websites at your own risk. You understand and agree that you are solely responsible for any damages to your computer system or loss or theft of data or information that results from your use of Brightspeed Websites or downloading of any material accessed from or otherwise provided through a Brightspeed website. Brightspeed does not guarantee that Brightspeed Websites or any of its websites will be error-free, continuously available, or free of harmful components, including, without limitation, viruses, worms, trojan horses, or other programs that are capable of disabling, damaging, interfering, altering, intercepting, or otherwise impacting or affecting a Brightspeed Website or any Brightspeed systems, network, or services, or your computer, mobile device, supporting equipment, or any other hardware, software, network, or other systems.

Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BRIGHTSPEED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS, LICENSORS, SUPPLIERS AND CONTRACTORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING (EXCEPT THIS LIMITATION SHALL NOT APPLY TO A PARTY WHOSE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT CAUSED YOUR DAMAGES OR LOSS): (i) ANY ACT OR OMISSION BY YOU OR ANOTHER PERSON OR ENTITY; (ii) ANY FAILURE OR DELAY IN MAKING BRIGHTSPEED WEBSITES AVAILABLE TO YOU FOR ANY REASON AT ANY TIME; (iii) ANY CONTENT OR INFORMATION ACCESSED WHILE YOU USE BRIGHTSPEED WEBSITES; (iv) ANY LOSS OR LACK OF PRIVACY AS TO, USE OR MISUSE OF, THEFT OF, DAMAGES OR MODIFICATIONS TO, OR LOSS OR DESTRUCTION OF ANY OF YOUR SOFTWARE, FILES, INFORMATION, OR DATA, INCLUDING YOUR IDENTIFIERS, ACCOUNT INFORMATION, AND PAYMENT INFORMATION; (v) ANY TRANSACTION PERFORMED OR ATTEMPTED TO BE PERFORMED ON OR THROUGH A BRIGHTSPEED WEBSITE; (vi) ANY CONTENT OR INFORMATION CREATED OR ACCESSED WHILE YOU USE BRIGHTSPEED WEBSITES; and (vii) ANY OTHER CAUSE OF ACTION RESULTING FROM YOUR USE OR ATTEMPTED USE OF BRIGHTSPEED WEBSITES IN ANY MANNER. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED (WHETHER IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE), AND REGARDLESS OF WHETHER BRIGHTSPEED HAS BEEN ADVISED OF THE POSSIBILITY OF LIABILITY, LOSS, OR DAMAGE, TO DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUE, LOSS OF OPPORTUNITY OR USE, LOSS OR MISUSE OF INFORMATION OR DATA, DIMINUTION IN VALUE, AND COST OF REPLACEMENT SERVICES. IN THE EVENT APPLICABLE LAWS IN CERTAIN STATES DO NOT PERMIT APPLICATION OF THIS LIMITATION OF LIABILITY OR LIMIT ITS APPLICABILITY, YOU AGREE THE AGGREGATE LIABILITY OF BRIGHTSPEED IN SUCH INSTANCES FOR LIABILITY THAT WOULD HAVE OTHERWISE BEEN LIMITED BY THIS SECTION WILL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE MINIMUM AGGREGATE LIABILITY ALLOWED BY APPLICABLE LAW.

General. These Terms shall be governed and construed in accordance with the laws of the State of North Carolina applicable to agreements made and to be performed in North Carolina. You agree that any legal action or proceeding between Brightspeed and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in North Carolina. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of these Terms. Brightspeed may assign its rights and duties under these Terms to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of Brightspeed. These Terms do not provide any third party with a remedy, claim, or right of reimbursement. You must file any claim or suit related to our website within one year after it arises.