These Terms and Conditions of Use ("Terms") are entered into by and between you and Princeton Upholstery Company, Inc. d/b/a Bright Chair Company, The Bright Group, The Bright Group Boston, and The Bright Group Texas (“Bright” et. al). In consideration of your use of and access to this Internet site, and other websites, services, and apps on which these Terms are posted or expressly referenced (the "Bright Sites"), and the promises and obligations herein, and intending to be legally bound, you and Bright hereby agree as follows:
Bright shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Bright Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Bright Sites.
These Terms are effective until terminated by Bright. Bright may terminate these Terms without notice and at any time in connection with any of the Bright Sites. In the event of termination, you are no longer authorized to access the Bright Sites. The restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Bright shall also have the right without notice, for any reason and at any time to terminate some or all of the Bright Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual's right to access or use of the Bright Sites or any feature or portion thereof.
The Bright Sites are not intended for or directed at users under the age of 18.
While using Bright Sites, you agree that you will not do, or cause any one else to do, the following:
Use images, product information or site content for any other purpose than the sale and promotion of Bright products;
Use the Bright sites to infringe or induce others to infringe the Content or Bright Products;
Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Bright’s or any third party's intellectual property or other rights;
Infringe, or cause or induce anyone else to infringe, any of the intellectual property or other Content (as defined in para. 5 below) provided by Bright on or through the Bright Sites;
Create a false sense of affiliation with, or sponsorship by, Bright;
Use the Bright Sites or their services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
Create a false identity for the purpose of misleading others;
Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
Use Bright Sites for any unlawful purpose;
Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Bright Sites; or
Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, "data mine," or in any way reproduce or circumvent the Bright Sites or their contents.
The photographs, furniture designs, text, images, trademarks, trade names, trade dress, design patents, designs, graphics, logos, illustrations, descriptions, specifications, data, layout, catalogues and other material provided by Bright on or through the Bright Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively herein as the "Content".
The Content may contain errors, omissions, or typographical errors or may be out of date. Bright may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Bright in any way except to the extent it is specifically indicated to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, trade dress, design patents and other proprietary rights that are owned by Bright or by third parties that have licensed their use to Bright. The Bright Sites are each collective works and Bright owns a copyright in the selection, coordination, and arrangement of the content. You may download, print or store selected portions of the Content provided you (1) only use these Content copies for the sale and promotion of Bright Products, (2) do not copy or post the Content on any network computer or broadcast the content in any media, (3) do not cause or induce others to infringe, or unlawfully or improperly use, the Content or the Bright Products, and (4) retain intact all copyright and other proprietary notices on the Content. No right, title or interest in any Content is transferred to you as a result of any such downloading, printing or storing. Except as provided in the foregoing, Bright does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Bright Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Bright, is strictly prohibited.
BRIGHT MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE BRIGHT SITES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. BRIGHT ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE BRIGHT SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE BRIGHT SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE BRIGHT SITES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE BRIGHT SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL BRIGHT, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE BRIGHT SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF BRIGHT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Bright, Bright’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Bright Sites. You are solely responsible for interactions with our business partners and affiliated companies and other users of Bright Sites. To the extent permitted by applicable law, you hereby release Bright from any and all claims or liability related to any product or service provided through the Site and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Bright Sites or any product or service provided to you arising out of or relating to your use of the Bright Sites.
Bright may provide links to external, third party websites. By providing links to other websites, Bright does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Bright. Bright does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to Bright Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
These Terms constitutes the entire agreement between the parties with respect to your access, use, and receipt of services from Bright Sites and supersede all prior agreements, negotiations and discussions between you and Bright relating to the same. There are no third-party beneficiaries of the agreement.
No waiver by Bright of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Access to or use of the Bright Sites shall not be construed as Bright’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Additionally, any claims brought against Bright shall be governed by and construed in accordance with the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of the Bright Sites, or any services provided through Bright Sites, shall be in the state or federal courts located in the State of New York. By accessing one or more of the Bright Sites, you agree to submit to the personal jurisdiction of the state or federal courts located in the State of New York.