Terms of Use

Welcome to the BrightStar Healthcare website, available at “franchise.brightstarcare.com” (this “Site”). Please read this page carefully before using this Site. By accessing or using this Site in any way, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including but not limited to conducting this transaction electronically, disclaimers of warranties and a choice of Illinois law.

These Terms are effective as of February 1, 2006.

1. Site Content

All contents of this Site are: ©2006 BrightStar Healthcare. All rights reserved. The BRIGHTSTAR HEALTHCARE, BrightStar Healthcare logo, HELPING YOU HELP OTHERS service marks and other BrightStar Healthcare service marks, logos, trademarks and trade names are service marks/trademarks of BrightStar Healthcare. This Site contains copyrighted material, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics, and the entire selection, coordination, arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, the “Content”). Except as provided in these Terms, you may not use, modify, republish, frame, license, transfer, post, transmit, create derivative works from, or otherwise exploit any Content from the Site, in whole or in part, without the express permission of BrightStar Healthcare. Nothing contained in these Terms shall be construed as conferring any other license or right, express or implied, under any of BrightStar Healthcare’s intellectual property rights.

2. Modifications To Terms and Site

BrightStar Healthcare may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of this Site.

BrightStar Healthcare also reserves the right to modify or terminate your access to the Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. BrightStar Healthcare may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that BrightStar Healthcare will not be liable to you or any third party in the event that BrightStar Healthcare exercises its right to modify or terminate access to this Site or portions of this Site.

3. Third Party Sites

As a convenience to you, BrightStar Healthcare may provide links to web sites and access to content, products and services of third parties, including without limitation, BrightStar Healthcare’s affiliates and strategic partners and other entities (“Linked Sites”). When you click on one of these links to a Linked Site, you will be transferred out of our Site and connected to the web site of the organization or company that you selected. We encourage you to refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them, and particularly before providing any personally identifiable information. BrightStar Healthcare does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or the nature, quality or accuracy of any content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by BrightStar Healthcare, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. Even if an affiliation exists between this Site and a Linked Site, BrightStar Healthcare exercises no control over Linked Sites. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

4. Disclaimer and Limitation of Liability

BrightStar Healthcare makes no representation of any kind regarding this Site, the operation of this Site, the information contained, the Content or any portion thereof, WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. BrightStar Healthcare EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BRIGHTSTAR HEALTHCARE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, THE SERVERS OF BRIGHTSTAR’S HOSTING COMPANY, OR E-MAIL SENT FROM BRIGHTSTAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL BrightStar Healthcare BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE, EVEN IF BrightStar Healthcare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

5. Children

The Site is not intended for use by children under 18. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

6. Digital Millennium Copyright Act

For purposes of the Digital Millennium Copyright Act, if you have complaints or objections to Content posted on this Site, please contact our Designated Agent at the following address:

BrightStar Healthcare
1790 Nations Drive, Suite 103
Gurnee, IL 60031

7. Governing Law

These Terms of Use, and the use of this Site is governed by Illinois law, without regard to its conflict of laws provisions. Any claim related to the Site shall be brought in a federal court in the Northern District of Illinois or state court in Lake County, Illinois, within one (1) year after the claim arises. Users of this Site consent to the jurisdiction and venue of such court as the most convenient and appropriate for the resolution of disputes concerning this Site.

8. Acknowledgement

You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

9. Contact Information

If you have any questions about these Terms, the practices of BrightStar Healthcare, or your dealings with this Site, please contact us using the information below.

BrightStar Healthcare
1790 Nations Drive, Suite 103
Gurnee, IL 60031
Phone 877 689-6898 Fax 847 782-8288

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