Terms & Conditions

Terms & Conditions

The following Terms & Conditions govern your access to and use of the Website “abrighterday.org,” including the Content (as defined below) therein (the Web sites and Content collectively referred to as the “Website”).

PLEASE READ THESE TERMS & CONDITIONS USE CAREFULLY BEFORE USING THE WEBSITE.

By using the Website, you indicate your agreement to these Terms & Conditions. If you do not agree, your access to and use of any of the Website is not authorized. We welcome a return visit whenever you are prepared to accept these Terms & Conditions.

A Brighter Day Charity reserves the right to alter the Terms & Conditions without notice. A current version of the Terms & Conditions is always available at this location. Your continued use of the Website following the posting of any changes will operate as an acknowledgement of your acceptance of the then-current Terms & Conditions.

Any questions regarding the specific terms of these Terms & Conditions should be directed to info@abrighterday.org.

The Website is owned and operated by A Brighter Day. By accessing or using the Website, you agree and acknowledge that the Website, including all content therein, including, but not limited to, graphics, text, video, and the like, including any third-party content, and other materials and information provided on, through, or in connection with the Website (the “Content”), is the sole and exclusive intellectual property of A Brighter Day and/or its subsidiaries, affiliates, and/or licensors, and shall not be copied, reproduced, displayed, used, sold or otherwise distributed or modified without the express prior written consent of A Brighter Day or its licensors. A Brighter Day hereby grants you a license to view the Website solely in accordance with the terms and conditions of these Terms & Conditions.

The Website is made available for your personal, non-commercial use only.

Disclaimer of Warranties

The website is intended as a supplement to and not as a substitute for, the knowledge, skill, and judgment of qualified psychiatrists, psychologists, physicians and health care professionals. The content has been obtained from sources believed to be accurate and reliable. However, A Brighter Day makes no warranty as to the accuracy, reliability, or completeness of the content. Should you have any health, medical or disability questions or concerns, please consult a physician or other health care professional. The Website and any goods or services you acquire from them are provided on an “as is” and “as available” basis. A Brighter Day expressly disclaims all warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. A Brighter Day makes no warranty that the Website will be uninterrupted, timely, secure or free from viruses or malicious code. A Brighter Day makes no representation or warranties concerning any third-party sites or links that may link to or from the Website.

Limitation of Liability

The website is provided for information and educational purposes only. Neither A Brighter Day, nor any of the suppliers of any content, information or material in connection with the Website, accepts any responsibility for decisions made based upon the use of the Website, including any content or information via a third-party link on the Website. Under no circumstance, including negligence, will A Brighter Day, its Affiliates, Officers, Directors, Advisors, Licensors, or Content Providers be liable for any direct, indirect, incidental, special, punitive or consequential damages that result from your use of or inability to use the Website (including but not limited to reliance on any and all content), mistakes, omissions, errors, or viruses. You hereby acknowledge and agree that this provision will apply whether or not A Brighter Day is given notice of the possibility of such damages and that this provision will apply to all content (including without limitation any and all material, information or services) that may be available from time to time from the Website OR A Brighter Day OR its Subsidiaries and Affiliates.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In any event, the foregoing limitations shall apply to the greatest extent permitted by law.

Privacy

Any personal information provided through or in connection with the Website will be handled in accordance with the Privacy Statement (which can be found at www.abrighterday.org/privacy-policy). You agree to the terms of the Privacy Statement as may be modified by A Brighter Day in its sole discretion.

Linking to Third-Party Sites

The Website may provide you with links to third-party sites, advertising, goods, services, or other materials or information (“Third-Party Materials”). A Brighter Day makes no representation or warranties concerning such third-party materials and is not responsible for the content or operation of any third-party websites or resources and shall have no liability in connection with them. You assume full and sole responsibility when you choose to follow any links that lead to third-party Websites and when you choose to access, obtain, or use any and all Third-Party Materials. Other Websites and applications may link to any of the Websites; you agree that A Brighter Day is not responsible for the content of any such Website or application or the actions of any operator of such Website or application.

Trademarks

All marks, titles, logos, characters and names that appear on the Website are trademarks of A Brighter Day (or its partners, affiliates, and/or subsidiaries). You do not have a license to or any other rights in the foregoing.

Copyrights

The Website is protected under copyright law. You may print one copy and download one copy of the Content to any single computer, each for your personal, non-commercial, home use only, provided that you keep intact all copyright and other proprietary notices.

Content on the Website may be reproduced and distributed only with the prior written permission of A Brighter Day.

If you are authorized to act on behalf of a copyright owner, and if any material on the Website infringe on the rights of the owner, please notify our designated agent:

Elliot Kallen

A Brighter Day Charity

411 Read Drive

Lafayette, CA 94549

(510) 206-1103

info@abrighterday.org

To be effective, your notification must provide us with information that meets the requirements of the US Copyright Act.

Termination

A Brighter Day may terminate your right to access and use on the Website at any time, and without notice. If you violate any of these Terms & Conditions, or if you are a repeat copyright infringer, your permission to access the Website and all other rights granted thereto shall automatically and immediately cease. A Brighter Day may immediately terminate your access to the Website and all other rights granted thereto.

Indemnification

You shall indemnify, defend and hold harmless A Brighter Day and its affiliates, partners, employees, officers, directors, agents, licensors, and content providers against any claims, losses, expenses, costs, or damages (including without limitation reasonable attorneys’ fees) arising out of or in connection with your use of the Website.

International Use

A Brighter Day intends that the Website will be viewed by US persons for informational purposes only. By choosing to use the Website from any location other than the United States, you accept full responsibility for compliance with all local laws. Content found on the Website may not be appropriate or legal to use outside the United States. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports.

User Comments and Content

You grant A Brighter Day the perpetual, irrevocable right to use and publish any materials that you post or provide to or in connection with the Website in any manner that A Brighter Day deems necessary or desirable to provide the services on the Website. You understand that all user-generated content which you may have access to as part of, or through your use of, the Website is the sole responsibility of the person from whom such content originated. A Brighter Day takes no responsibility for third-party content, nor does A Brighter Day have any obligation to monitor such third-party content. A Brighter Day reserves the right at all times to remove or refuse to distribute any content on the Website. A Brighter Day also reserves the right to access, read, preserve and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms & Conditions, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of the Website.

Minors

The law and good citizenship require us to give special treatment to minors. Therefore, please be aware that users under 18 years of age must comply with applicable legal requirements in their jurisdiction. The Website is not intended for children under the age of 13. If you are under the age of 13, please do not use the Website, and instead please speak to a mental health professional or other adult.

Governing Law

These Terms & Conditions shall be governed by and interpreted in accordance with the laws of the State of California and the United States of America, without regard to their principles of conflicts of law. In addition, you agree to submit to the jurisdiction of the Federal and State Courts located in the state of California, and that any action concerning these Terms & Conditions or your access or use of any of the Website shall be within the exclusive jurisdiction of such courts.

No Waiver

The failure by A Brighter Day to exercise or enforce any rights or provisions of these Terms & Conditions shall not constitute a waiver of such right or provision or any other provision of these Terms & Conditions.

Survival, Severability, and Construction

Each provision in these Terms & Conditions regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms & Conditions and if otherwise legally unenforceable due to its breadth, shall be interpreted in such a manner as to preserve its enforceability, while maintaining with the least change in scope. If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms & Conditions, and the remainder of these Terms & Conditions shall continue in full force and effect.