Terms of Service
Welcome to
brightsuntech.com, a website owned and operated by Brightsun Technologies, Inc. (“Brightsun Technologies”) of Billings, Montana. By using this site, you signify your acceptance of the Terms of Service. If you do not agree to the Terms of Service, please do not use this site. If at any time you determine that you will not accept the Terms of Service, you must immediately discontinue use of the site and destroy all materials and copies of materials obtained from this site. Brightsun Technologies reserves the right to change the Terms of Service at any time without notice, so please check the website periodically to learn about such changes. By continuing to use the site after a change has been made, you are agreeing to accept and are then bound by the modified Terms of Service.
In exchange for accessing, browsing and/or using this site, you agree to be bound by these Terms of Service and to comply with all applicable laws and regulations. You represent that you have the legal authority to accept these Terms of Service on behalf of yourself or any party you represent. You acknowledge that Brightsun Technologies reserves the right in its sole discretion to refuse or terminate access to this site by you at any time, for any reason. This site is controlled and operated by Brightsun Technologies from its offices within the United States. BY ACCESSING THIS SITE, YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF MONTANA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN MONTANA, U.S.A.
Copyright Information
Brightsun Technologies owns the copyright in the layout, design and look-and-feel of the website. Unless stated otherwise, documents and files on Brightsun Technologies' web server may be freely downloaded and reproduced. Some documents available from this website may be protected under United States copyright laws. Permission must be obtained from Brightsun Technologies to reproduce documents for purposes beyond their intended use as part of a Brightsun Technologies product offering. You may not allow or permit any third party to modify, copy, reproduce, republish, upload, post, distribute in any way, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source or object code for any material in this site.
Responsibility for Your Material; Indemnification
You are prohibited from posting on this site or transmitting through this site any defamatory, libelous, obscene, pornographic, profane, threatening or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Brightsun Technologies assumes no liability or responsibility for any material you may post on or transmit through this site without Brightsun Technologies' prior written authorization. YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD BRIGHTSUN TECHNOLOGIES AND ITS OFFICERS, DIRECTORS, EMPLOYEE AND AGENTS (COLLECTIVELY, “INDEMNITEES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF YOUR UNLAWFUL USE OF THIS SITE. YOU FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD INDEMNITEES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) RELATING TO OR ARISING OUT OF ANY BREACH BY YOU OF THESE TERMS OF SERVICE. With respect to any claims for which you have agreed to indemnify Indemnitees, you agree to cooperate fully as reasonably reuqired in Indemnitees' defense. Brightsun Technologies reserves the right, at its own expense, to assume the exlcusive defense and control of any matter subject to this indemnification provision, and you agree not to settle any such matter without the written consent of Brightsun Technologies.
Disclaimer of Warranties and Limitation of Liability
For documents available from this server, Brightsun Technologies does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, or of any process disclosed. The information published on this server may include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Brightsun Technologies may make improvements and/or changes to the form(s) and/or the content at any time.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THIS SITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BRIGHTSUN TECHNOLOGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER: (1) REGARDING THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE; OR (2) THAT THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THIS SITE.
UNDER NO CIRCUMSTANCES SHALL BRIGHTSUN TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE, OR (C) ERRORS OR OMISSIONS IN THE CONTENT AND FUNCTIONS OF THIS SITE, EVEN IF BRIGHTSUN TECHNOLOGIES OR AN AUTHORIZED REPRESENTATIVE OF BRIGHTSUN TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BRIGHTSUN TECHNOLOGIES'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT) FOR ANY CLAIM RELATING TO THE USE OF THIS SITE EXCEED ONE HUNDRED DOLLARS ($100.00).
Disclaimer of Endorsement
This website provides links to other Internet websites only for the convenience of World Wide Web users. Brightsun Technologies is not responsible for the availability or content of these external sites, nor does Brightsun Technologies endorse, warrant, or guarantee the products, services, or information described or offered at these linked Internet sites. These websites are not under Brightsun Technologies' control, and they may not follow the same privacy, security, or accessibility policies as Brightsun Technologies. Once you access another site, you are subject to the policies of that site. Because Brightsun Technologies does not control these sites, you acknowledge and agree that Brightsun Technologies is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further agree that Brightsun Technologies shall not be liable, directly or indirectly, for any damages or loss caused in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
General Provisions
These Terms of Service, as amended from time to time, constitute the entire agreement between Brightsun Technologies and you with respect to your use of this site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of this agreement, and the remainder of these Terms of Service shall continue in full force and effect. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Montana, United States of America, without reference to any conflicts of law rules.
Amendments
Brightsun Technologies reserves the sole right to amend or alter the Terms of Service by posting such change to this site at any time without notice.