Last updated November 14, 2024

These terms and conditions outline the rules and regulations for the use of the BrightSpace Conulting, LLC (“BrightSpace”) website, located at www.findyourbrightspace.com (the “Site”). By accessing the Site we assume that you accept these terms and conditions. Do not continue to use the BrightSpace website if you do not agree to take all of the terms and conditions stated on this page.

www.findyourbrightspace.com is a professional organizing services site belonging to BrightSpace Consulting, LLC. 

Privacy 

Your use of www.findyourbrightspace.com is subject to BrightSpace's Privacy Policy. Please review our Privacy Policy, which governs the Site and informs users of our data collection practices. The Privacy Policy is incorporated into this Terms and Conditions document by reference.

Electronic communications 

Visiting www.findyourbrightspace.com or sending emails to BrightSpace constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

Parts of this Site may offer an opportunity for users to post and exchange opinions and information through comments. Comments do not reflect the views and opinions of BrightSpace, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posted their views and opinions. To the extent permitted by applicable laws, BrightSpace shall not be liable for the comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this Site.

BrightSpace reserves the right to monitor all comments and to remove any comments that can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.

You warrant and represent that:

• you are entitled to post the comments on our Site and have all necessary licenses and consents to do so;

• the comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

• the comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy

• the comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant BrightSpace a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.

Hyperlinking to our Content

The following organizations may link to our Site without prior written approval:

• Search engines;

• Online directory distributors may link to our Site in the same manner as they hyperlink to the websites of other listed businesses; and

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources; 

• dot.com community sites;

• associations or other groups representing charities; 

• online directory distributors; 

• internet portals; 

• accounting, law and consulting firms; 

• and educational institutions and trade associations.

We will approve link requests from the above organizations if we decide that: (a) the link would not make us look unfavorably (b) the organization does not have any negative records with us, (c) the link is in the context of general resource information, (d) the link is not in any way deceptive, and (e) the link does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services.

If you are one of the organization types in the second list above and are interested in linking to our Site, you must inform us by sending an e-mail to BrightSpace (hello@findyourbrightspace.com). Please include your name, your organization name, and contact information as well as the URL of your site, a list of any URLs on our site to which you would like to link. Wait 2 weeks for a response, although we’re sure you’ll hear from us way before then. 

We are happy to review all other linking requests. Please reach out to us at hello@findyourbrightspace.com. We will respond promptly. 

We reserve the right to request that you remove all links or any particular link to our Site. You approve to immediately remove all links to our Site upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Site, you agree to be bound to and follow these linking terms and conditions.

Links to third party sites and services 

www.findyourbrightspace.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BrightSpace and BrightSpace is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. BrightSpace is providing these links to you only as a convenience, and the inclusion of any link does not imply BrightSpace’s endorsement of that site or any association with its operators. 

Certain services made available via www.findyourbrightspace.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the www.findyourbrightspace.com domain, you hereby acknowledge and consent that BrightSpace may share such information and data with any third party with whom BrightSpace has a contractual relationship to provide the requested product, service, or functionality on behalf of www.findyourbrightspace.com users and customers. 

Intellectual property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.findyourbrightspace.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to BrightSpace that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BrightSpace or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, and other restrictions contained in any such content and will not make any changes thereto. 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. BrightSpace content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. Protected content solely is solely for your personal only, and you agree that there will be no other use of the content without the express written permission of BrightSpace and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BrightSpace or our licensors except as expressly authorized by these Terms. 

International users 

The Service is controlled, operated, and administered by BrightSpace from our offices within the United States of America. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the BrightSpace content accessed through www.findyourbrightspace.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. 

Indemnification 

You agree to indemnify, defend and hold harmless BrightSpace, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. BrightSpace reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with BrightSpace in asserting any available defenses. 

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions. 

Class action waiver 

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and / or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and BrightSpace agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. 

Liability disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRIGHTSPACE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

BRIGHTSPACE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRIGHTSPACE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIGHTSPACE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRIGHTSPACE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

Termination and / or access restriction 

BrightSpace reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and BrightSpace as a result of this agreement or use of the Site. BrightSpace's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BrightSpace's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BrightSpace with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and BrightSpace concerning the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and BrightSpace concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of BrightSpace that this agreement and all related documents be written in English. 

Changes to these Terms & Conditions

BrightSpace reserves the right, in its sole discretion, to change the Terms under which www.findyourbrightspace.com is offered. The most current version of the Terms will supersede all previous versions. BrightSpace encourages you to periodically review the Terms to stay informed of our updates. We will always post the date this document was last updated at the top of this webpage.

BrightSpace welcomes your questions or comments regarding these Terms & Conditions. Feel free to contact us at hello@findyourbrightspace.com.