Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR BRIGHTR TRAVEL (COLLECTIVELY, THE “SERVICE”), YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.
The Service is owned and operated by Beacon Mobile, LLC. (“Beacon Mobile”). Beacon Mobile reserves the right to change or modify any of the terms and conditions contained in the Terms of Service or any policy or guideline, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on this website (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service following the posting of changes or modifications shall constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Service and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree to the amended terms, you must stop using the Service. If you have any question regarding the use of the Service, please refer first to the Support Section. All questions or comments about the Site or its contents should be directed to Matt.Mason@GoBeacon.Me. Any new features that modify, augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. Violation of any of the terms below will result in the termination of your account. Although Beacon Mobile prohibits certain conduct and content on the Service, you acknowledge and agree that Beacon Mobile is not responsible for the content available through the Service. You agree to use the Site and Service at your own risk.
1. Account Terms
You must be a human being. Accounts registered by “bots” or other automated methods are not permitted. You must provide your correct or your business’ legal full name, a valid email address, and any other information requested in order to complete the registration process. You are responsible for maintaining the security of your account and password. Beacon Mobile cannot and will not be liable for any loss or damage resulting from your failure to comply with your obligations You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws, rules or regulations applicable to you (including but not limited to copyright laws and other intellectual property protections).
2. Use of the Service
Beacon Mobile’s Responsibilities. Beacon Mobile will use commercially reasonable efforts to: (i) provide its basic support for the Service to you at no additional charge, and (ii) make the Service available 24 hours a day, 7 days a week, except for: (a) planned downtime (of which Beacon Mobile will endeavor to give notice via email notification), and (b) any unavailability caused by urgent maintenance or circumstances beyond Beacon Mobile’s control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider failures or delays, or denial of service attacks. Beacon Mobile Services. Beacon Mobile anticipates that the Service may be available through a variety of evolving platforms such as the Beacon Mobile web service, third party services and applications, and tablet and mobile applications/devices. The geographical areas covered by the Service (“Coverage Areas”) may be modified by Beacon Mobile from time to time at its sole discretion. While Beacon Mobile anticipates that the Coverage Areas will generally increase, Beacon Mobile makes no representations or warranties regarding the Coverage Areas and reserves the right to increase, decrease and modify the Coverage Areas without liability as Beacon Mobile deems appropriate. Third Party Applications and Services; and Custom Data: If you use or access the Service through a third party application or service or obtain any custom data through the Service, you are responsible for ensuring that you have obtained all necessary rights, licenses and authorizations. You authorize Beacon Mobile to host, transmit, and display custom data. You shall indemnify, defend and hold Beacon Mobile harmless from and against any claim, demand, suit or proceeding made or brought against Beacon Mobile by a third party arising out of your use of the Service in violation of this Agreement, and any claim that your use of the Service infringes or misappropriates the intellectual property or proprietary rights of a third party or violates any law, rule or regulation and you shall indemnify Beacon Mobile from and against any related damages, losses, liabilities, expenses, attorney fees and costs. Other: If you use or access the Service through a third party application or service i, you acknowledge and agree that Beacon Mobile may allow such third parties to access your data as necessary for the interoperation of such third party applications and services with the Service. You acknowledge and agree that beacon Mobile shall not be responsible for any disclosure, modification or deletion of your data resulting from any such access by a third party. The Service will allow you to restrict such access by restricting Users from installing or enabling third party Applications for use with the Service.
3. General Conditions
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. You understand that Beacon Mobile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service You shall not use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any content or web pages or screen contained in or generated by or relating to the Service. You agree not to reproduce, duplicate, copy, sell, or resell any portion of the Service, use of the Service, or access to the Service without the prior written consent of Beacon Mobile. Beacon Mobile may, but shall have no obligation to, remove content that Beacon Mobile determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service. You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You shall not transmit any worms or viruses or any code of a destructive nature. Beacon Mobile does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error- free, (iii) the results that may be obtained from the use of the Service will be accurate, timely or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the Service will be corrected. You expressly acknowledge and agree that Beacon Mobile shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Beacon Mobile has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, content or conduct of any third party; or (v) or any other matter relating to the Service. Without limiting the generality of the foregoing, you acknowledge and agree that Beacon Mobile shall not be liable for your use of or reliance on any information obtained through the Service. The failure of Beacon Mobile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Beacon Mobile and govern your use of the Service, superseding any prior agreements between you and Beacon Mobile (including, but not limited to, any prior versions of the Terms of Service). You may not access or use the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
Beacon Mobile, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Beacon Mobile service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Beacon Mobile reserves the right to refuse service to anyone for any reason at any time.
5. Modifications to the Service
Beacon Mobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Beacon Mobile shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 6. Copyright and Content Ownership All content available through the Service, regardless of whether it is content created by Beacon Mobile or Third Party Content, is protected by applicable copyright and other intellectual property protection laws. Beacon Mobile does not pre-screen Third Party Content, but Beacon Mobile and its designee have the right (but not the obligation) in their sole discretion to remove any content that is available via the Service. The copyright of the look and feel of the Service is the sole and exclusive property of Beacon Mobile. All rights are reserved. You may not duplicate, copy, distribute or reuse any portion of the visual design elements without the prior written consent of Beacon Mobile. Beacon Mobile does not warrant, and is not responsible for the legality, quality, accuracy, integrity, fitness, reliability, or availability of any third party applications or services (“Third Party Apps”) that you may purchase or connect to through or with the Service, or any descriptions, or promises related to the foregoing. Your agreement to use such Third Party Apps shall be solely between you and such third party provider. If you install or enable Third Party Apps for use with the Service, or access the Service from the Third Party Apps, You acknowledge Beacon Mobile may access and use your data and basic account information as necessary for provisioning and, or interoperation of such Third Party Apps with the Service. If you do not want to permit the exchange of your data or account information with Third Party Apps, the Service allow you to restrict such access by not enabling or by disabling such Third Party Apps for use with the Service.
Brightr Travel and Beacon Mobile logos and any other product or service name or slogan contained in the Service are trademarks of Brightr Travel and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Beacon Mobile or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing “Beacon Mobile” or any other name, trademark or product or service name of Brightr Travel without Beacon Mobile’s prior written permission. In addition, the look and feel of the Service and Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Beacon Mobile and may not be copied, imitated or used, in whole or in part, without Beacon Mobile’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Beacon Mobile.
7. Copyright Policy
Brightr Travel respects the intellectual property rights of others and has implemented a copyright policy in accordance with the Digital Millennium Copyright Act and other relevant laws. Brightr Travel will respond to valid notices of copyright infringement and reserves the right to terminate any users, at our sole discretion and without notice, who repeatedly infringe copyrights or other intellectual property rights of others. If you believe any content posted or made available on the Brightr Travel Services constitutes infringement of your copyright rights, you may send a written notice of infringement to Brightr Travel’s designated Copyright Agent using the contact information listed below. In your notice, please specify the nature of the copyright infringement and include the following information: (a) an electronic or physical signature of the owner of the copyright in question or a person authorized to act on behalf of the owner of the copyright; (b) a description of the claimed infringing material as well as identification of the claimed infringing material, including the location of such material on the Brightr Travel Services (e.g., the URL of the claimed infringing material if applicable or other means by which we may locate the material); (c) complete contact information, including the name of the owner of the copyright and your name, title, address, telephone number, and email address; (d) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. Brightr Travel ATTN: Matt Mason 50 Monument rd, suite 225, Bala Cynwyd, PA, 19004 firstname.lastname@example.org
8. Contact Information
If you have any questions, complaints or comments about the Services contact us at: Brightr Travel ATTN: Matt Mason 50 Monument rd, suite 225, Bala Cynwyd, PA, 19004 email@example.com