DRIVERS TERMS OF SERVICE

These Terms of Service and all supplemental terms, as amended from time to time, govern your use of any online or mobile product or service to which you have access, any product or service that requires an Internet connection or Member Account to access, install or play as well as any Member Account you use to access online or mobile products or services offered by Bright Futures or any of its subsidiaries and affiliates for PC or mobile devices. These terms are an agreement between you and Bright Futures. If additional terms and/or agreements apply to the service(s) provided by Bright Futures and used by you, those additional terms and/or agreements govern your use of Bright Futures services as well.

These Terms of Service, as well as Bright Futures' Privacy Policy available at privacy.php form legally binding contracts between you and Bright Futures. By using Bright Futures Services, you affirm that you are at least 18 years of age and that you have reviewed this Agreement and assent to these Terms of Service and take full responsibility for your compliance with them. You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

You agree to check drvterms.php periodically for new information and terms that govern your use of Bright Futures Services. Bright Futures may modify the Terms of Service at any time. Revisions to terms affecting existing Bright Futures Services shall be effective thirty (30) days after posting at drvterms.php. Terms for new Bright Futures Services are effective immediately upon posting at drvterms.php.

1. Member Account

A Member Account ("Account") is required to access and use Bright Futures Services. If you have questions about Account registration, please contact Gregory S. Greenwell by phone at (505) 489-8216 or e-mail brightfuturesnm@yahoo.com.

To create an Account, you must have an email address, and provide truthful and accurate information. You must be eligible to use the Bright Futures Service for which you are registering. Bright Futures Services require creation of a "user name". The user name is tied to your Account. You may not use a user name that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service. In addition, you must be a registered Independent Contractor for Yellow Checker Cab Company, Inc, in Albuquerque, NM to use this service.

You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. Bright Futures will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions, if any exist.

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2. Content

"Content" provided by Bright Futures Services may include software, technology, text, profiles, widgets, messages, links, emails, billing information, phone numbers, music, sound, graphics, pictures, video, code, and all audio visual or other material appearing on or emanating to and/or from Bright Futures Services, as well as the design and appearance of the website. All Content (with the exception of third party content discussed below in Section 6) is owned by Bright Futures unless otherwise stated in the source code files. Content includes user-generated Content ("UGC"). UGC includes but is not limited to Account user names, profile content, customer and fare details and any other Content contributed by users of Bright Futures Services. Bright Futures Content and UGC collectively shall be referred to as "Content." Bright Futures does not pre-screen all UGC and does not endorse, approve, or prescreen any UGC that you and other users may contribute to Bright Futures Services. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Bright Futures Services.

Bright Futures reserves the right (but has no obligation except as required by law) to remove, block, edit, move or disable UGC for any reason, including when Bright Futures determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in Bright Futures' sole and final discretion. To the maximum extent permitted by applicable law, Bright Futures does not assume any responsibility or liability for UGC or for removal of UGC or any failure to or delay in removing UGC or other Content.

You are solely responsible for your UGC and may be held liable for UGC that you post.

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3. Entitlements

"Entitlements" are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online elements or features of Bright Futures Services and/or products. Entitlements include but are not limited to paid memberships and content, and rights of use tied to member accounts.

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4. Use and Expiration of Content and Entitlements/General License Restrictions

Bright Futures grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Bright Futures Services accessed by you. Content and Entitlements and all other intellectual property rights in or on Bright Futures Services as well as the products and services offered through Bright Futures Services, are owned by Bright Futures or Bright Futures' third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from a Bright Futures Service unless you are expressly authorized in writing to do so. In addition, unless expressly authorized by Bright Futures, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any personal use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights or notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the Bright Futures Services you are using.

Bright Futures reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of Bright Futures and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on Bright Futures Services may result in the termination of your Account, prohibition on use of Bright Futures Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless Bright Futures from any unauthorized or illegal conduct by you, or through the use of your Account, on Bright Futures Services.

You agree that you will not use any Content, including customer information, for any purpose other than to conduct legitimate business for Yellow Checker Cab Company, Inc. You also agree not to sell, give, or in any way transfer or communicate any of the information on this website to any third party for any reason without the express written permission of Bright Futures.

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5. Bright Futures Services, Content and Entitlement Availability

Entitlements may only be held in Accounts belonging to legal residents of countries where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from Bright Futures. Bright Futures reserves the right to refuse your request(s) to acquire Entitlements, and Bright Futures reserves the right to limit or block any request to acquire Entitlements for any reason.

We do not guarantee that any Content or Entitlement will be available at all times, in all geographic locations, or at any given time or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.

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6. Contributing Third Party Content to Bright Futures Services

Bright Futures respects the intellectual property rights of others. You must have the legal right to upload or post Content to Bright Futures Services. You may not upload or post any Content on Bright Futures Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload Content that violates the law, this Terms of Service and/or any third party's right of privacy or right of publicity. You may upload only Content that you are permitted to upload by the owner or by law. Bright Futures may, without prior notice to you and in its sole judgment, remove Content that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of Bright Futures' or a third party's intellectual property or other rights, Bright Futures may terminate your Account without notice to you. If your Account is terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

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7. Contributing UGC to Bright Futures Services; License Grant to Bright Futures and Others

When you contribute UGC to a Bright Futures Service, you expressly grant to Bright Futures a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant Bright Futures all licenses, consents and clearances to enable Bright Futures to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the Bright Futures Service on which you contribute UGC permits other users to access and use that UGC as part of the Bright Futures Service, then you also grant all other users of the relevant Bright Futures Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant Bright Futures Service without further notice, attribution or compensation to you.

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8. Paid Services

Bright Futures Services require payment of a fee. You must have an Account and pay the subscription or other fees to participate in these activities. For information about subscription and other fees for particular services, visit driverpayment.php.

FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.

Bright Futures reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a Bright Futures Service, Bright Futures will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Bright Futures Service. You are responsible for reviewing the Bright Futures Service to obtain timely notice of such changes. Your continued use of the Bright Futures Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but Bright Futures will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Bright Futures Services is subject to use or sales tax, then Bright Futures may also charge you for any such taxes, in addition to the subscription or other fees.

A. Payment Options. You may pay fees using the methods available for the particular Bright Futures Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Bright Futures Service. When you provide credit card or other payment information to Bright Futures, you represent to Bright Futures that you are the authorized user of the credit card or other payment method. Your subscription will NOT be automatically renewed which means you may cancel your subscription at any time. Once you have an Account, you will be notified on what numbered day your subscription expires (eg. the 27th day of each month). When you renew your subscription, it will always expire on that particular day regardless of whether you paid it early, on-time, or late. You areresponsible for making timely payments if you want to continue using the Bright Futures Service. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, e-mail address, or phone number). Changes to such information can be made by going to mysettings.php. If you fail to provide Bright Futures any of the foregoing information, you agree that Bright Futures may unapprove your account and not allow you to use the Service until the information is updated.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account. No one else should be using your account.

You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Bright Futures Services.

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9. Termination of Bright Futures Services

Bright Futures may terminate access to any online or mobile products and/or Bright Futures Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular Bright Futures Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at Bright Futures' discretion) provided to you via email or is posted on the Bright Futures Service.

Bright Futures may also terminate access to Bright Futures Services for violation of this Terms of Service, if Bright Futures (in its sole discretion) deems that your use of Bright Futures Services renders Bright Futures Services less safe for others and/or minors or for illegal or improper use of Bright Futures Services, Content, Entitlement, products, or Bright Futures' Intellectual Property as determined by Bright Futures in its sole discretion. You may lose your user name as a result of termination. In response to a violation of these Terms of Service or any other agreement applicable to Bright Futures Services accessed by you, Bright Futures may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level , immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all Bright Futures Services or certain Bright Futures Services. You acknowledge that in such an instance Bright Futures is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Bright Futures Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Bright Futures terminates your Account, you may not participate in aBright Futures Service again without Bright Futures' express permission. Bright Futures reserves the right to refuse to keep Accounts for, and provide Bright Futures Services to, any individual. You may not allow individuals whose Accounts have been terminated by Bright Futures to use your Account.

If your Account, or a particular subscription for an Bright Futures Service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Bright Futures Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or the particular Bright Futures Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support at brightfuturesnm@yahoo.com.

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10. Cancellation of Your Account

You have the right to cancel your Account or a particular subscription to an Bright Futures Service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is not to use Bright Futures Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Bright Futures, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Bright Futures' enforcement or application of this Terms of Service; (2) the Content and Entitlements available through Bright Futures Services or any change in Content or Entitlements provided through Bright Futures Services; (3) your ability to access and/or use Bright Futures Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Bright Futures Services and/or any Content or Entitlements thereon.

Contact Bright Futures' Customer Service Department at brightfuturesnm@yahoo.com to cancel your Account. Bright Futures reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a Bright Futures Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with Bright Futures Services must be settled before you establish a new Account.

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11. Rules of Conduct

You may violate the Terms of Service if, as determined by Bright Futures in its sole discretion, you:

  • Post, transmit, promote, or distribute Content that is illegal.
  • Harass, threaten, embarrass, spam or do anything else to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
  • Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate. Hate speech is not tolerated.
  • Use abusive, offensive, or defamatory screen names and/or personas.
  • Engage in disruptive behavior in forums or any other area or aspect of Bright Futures Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of business or dialogue within a Bright Futures Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.
  • Impersonate another person (including celebrities), indicate falsely that you are a Bright Futures employee or a representative of Bright Futures, or attempt to mislead users by indicating that you represent Bright Futures or any of Bright Futures' partners or affiliates.
  • Attempt to get a password, account information, or other private information from anyone else on Bright Futures Services.
  • Upload any software or Content that you do not own or have permission to freely distribute.
  • Violate any additional Rules of Conduct applicable to a specific Bright Futures Service that you are using.
  • Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or hacks and/or distribution of counterfeit software and/or virtual currency/items.
  • Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Bright Futures Services.
  • Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.
  • Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.
  • Use any hacking/altering software or tools.
  • Modify or attempt to modify any file or any other part of the Bright Futures Service that Bright Futures does not specifically authorize you to modify.
  • Post or communicate any person's real-world personal information using an Bright Futures Service other than for business purposes.
  • Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Bright Futures Service.
  • Use and communicate exploits and/or hacks.
  • Attempt to use Bright Futures Software on or through any service that is not controlled or authorized by Bright Futures. Any such use is at your own risk and may subject you to additional or different terms. Bright Futures takes no responsibility for your use of Bright Futures Software on or through any service that is not controlled by Bright Futures.
  • Unless expressly authorized by Bright Futures, you may not sell, buy, trade or otherwise transfer your Account or any personal access to Bright Futures Services, Content or Entitlements, including by use of auction websites.
  • You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
  • Post or transmit unsolicited advertising, promotional materials or other forms of solicitation anywhere on the website.
  • Abuse or exploit bugs, undocumented features, design errors or problems in the website.
  • Roleplaying is not an excuse for violating this or any other policy.

Specific Bright Futures Services may also post additional rules that apply to your conduct on those services.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Bright Futures Services. Bright Futures reserves the right to terminate your Account and to prevent your use of any and all Bright Futures Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

Unless otherwise specified, there is no requirement or expectation that Bright Futures will monitor or record any online activity on Bright Futures Services, including communications. However, Bright Futures reserves the right to access and/or record any online activity on Bright Futures Services and you give Bright Futures your express consent to access and record your activities. Bright Futures reserves the right to remove any content from any Bright Futures Service at Bright Futures' sole discretion. Bright Futures has no liability for your or any third party's violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to Bright Futures at brightfuturesnm@yahoo.com.

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12. Services Not Controlled By Bright Futures

Some products may give you the option of using Bright Futures Software on or through a service that is not controlled by Bright Futures. For example, you may be given the option to use Bright Futures Software online on servers not owned or controlled by Bright Futures. Bright Futures takes no responsibility for your use of Bright Futures Software on or through any such service and otherwise has no control over how those services are offered, administered or operated. Any such use of non-Bright Futures controlled services is at your own risk and may subject you to additional or different terms and restrictions by the third party running the service.

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13. Software, Utilities and Tools

Bright Futures Services may require or allow you to download software, software updates or patches, or other utilities and tools from Bright Futures or its licensors onto your computer, entertainment system or device ("Bright Futures Software"). Bright Futures grants to you a non-exclusive, limited license to use Bright Futures Software and/or Bright Futures website solely for the purpose stated by Bright Futures at the time the Bright Futures Software and/or website is made available to you. If an End User License Agreement or End User Access And License Agreement is provided with the Bright Futures Software, your use of the Bright Futures Software is subject to the terms of that license agreement. You may not sub-license, or charge others to use or access Bright Futures Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Bright Futures Software. You may not modify Bright Futures Software or use it in any way not expressly authorized in writing by Bright Futures. You understand that Bright Futures's introduction of various technologies may not be consistent across all platforms and that the performance of Bright Futures Software and related Bright Futures Services may vary depending on your computer and other equipment.

From time to time, Bright Futures may provide you with updates or modifications to Bright Futures Software. You understand that certain updates and modifications may be required in order to continue to use the Bright Futures Software and Bright Futures Services.

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14. Export Control Laws

Bright Futures Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading Bright Futures Software from Bright Futures, you warrant that you are not located in any country, or exporting Bright Futures Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content or Bright Futures Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Bright Futures Services any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of this Agreement.

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15. Updates to Bright Futures Services

IMPORTANT: BRIGHT FUTURES MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE USAGE OF BRIGHT FUTURES SERVICES. BRIGHT FUTURES RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

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16. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF BRIGHT FUTURES SERVICES, BRIGHT FUTURES SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. BRIGHT FUTURES SERVICES, BRIGHT FUTURES SOFTWARE, BRIGHT FUTURES PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF BRIGHT FUTURES SOFTWARE OR BRIGHT FUTURES SERVICES. BRIGHT FUTURES DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. BRIGHT FUTURES PROVIDES BRIGHT FUTURES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE BRIGHT FUTURES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT BRIGHT FUTURES WILL HAVE ADEQUATE CAPACITY FOR BRIGHT FUTURES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRIGHT FUTURES OR ITS LICENSORS ARISING OUT OF OR RELATING TO BRIGHT FUTURES SERVICES AND/OR BRIGHT FUTURES PRODUCTS IS TO STOP USING BRIGHT FUTURES SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT BRIGHT FUTURES, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON BRIGHT FUTURES SERVICES OR USE OF BRIGHT FUTURES SOFTWARE. IN NO CASE SHALL BRIGHT FUTURES' OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "BRIGHT FUTURES AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO BRIGHT FUTURES FOR BRIGHT FUTURES SERVICES. IN NO CASE SHALL BRIGHT FUTURES OR BRIGHT FUTURES AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF BRIGHT FUTURES SERVICES, BRIGHT FUTURES SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF BRIGHT FUTURES SERVICES OR ACCOUNTS. WHILE BRIGHT FUTURES USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, BRIGHT FUTURES ASSUMES NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY BRIGHT FUTURES SERVICE, CONTENT, BRIGHT FUTURES SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BRIGHT FUTURES' AND BRIGHT FUTURES AFFILIATES' LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. BRIGHT FUTURES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH BRIGHT FUTURES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

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17. Indemnification

Upon Bright Futures' request, you agree to defend, indemnify and hold harmless Bright Futures and Bright Futures Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Bright Futures Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Bright Futures harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Bright Futures Services and for all of your communication and activity on Bright Futures Services, including any Content you contribute, and that you will indemnify and hold harmless Bright Futures and Bright Futures Affiliates from any liability or damages arising from your conduct on Bright Futures Services, including any Content that you contribute.

Bright Futures reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Bright Futures in that matter. This Section shall survive termination of this Terms of Service.

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18. Links to Third-Party Sites

Bright Futures Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Bright Futures does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

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19. General Terms

A. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the Bright Futures Privacy Policy and the Supplemental Terms incorporated into this Terms of Service, including Bright Futures' enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

B. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of Bright Futures, and the remaining portions shall remain in full force and effect.

C. Waiver. The failure of Bright Futures to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in writing signed by the owner of Bright Futures.

D. Governing Law. (i) The laws of the State of New Mexico, excluding its conflicts-of-law rules, govern this Terms of Service and your Account; and (ii) To the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with Bright Futures, arising out of or relating in any way to your Account or your use of Bright Futures Services resides in the federal and state courts within the jurisdiction of the United States District Court for the Second District of New Mexico, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below including any claim involving Bright Futures or Bright Futures Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.

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20. Dispute Resolution By Binding Arbitration

The purpose of this Section is to provide a streamlined method for resolution of disputes between us if they arise. As discussed below in Section 20.e, if we cannot resolve our disputes informally and you are awarded a sum at arbitration greater than Bright Futures' last settlement offer to you (if any), Bright Futures will pay you 100% of your arbitration award.

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to your satisfaction by contacting Bright Futures at brightfuturesnm@yahoo.com. In the unlikely event that Bright Futures cannot resolve a concern to your satisfaction (or if Bright Futures cannot resolve a concern it has with you after attempting to do so informally), then you and Bright Futures agree to be bound by the following procedure to resolve any and all disputes between us. This provision applies to all consumers to the fullest extent allowable by law. By accepting these terms, you and Bright Futures expressly waive the right to a trial by jury or to participate in a class action. This agreement is intended to be interpreted broadly. This Section covers any and all disputes between us ("Disputes"), including without limitation:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
  • claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of this Agreement.

The only disputes that are not covered by this Section are the following:

  • a claim to enforce or protect, or concerning the validity of, any of your or Bright Futures' (or any of Bright Futures' licensors') intellectual property rights;
  • a claim related to, or arising from, allegations of theft, piracy, or unauthorized use;
  • In addition, nothing in this Section shall prevent either party from initiating a small claims court action.

References to "Bright Futures", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or Software under this or prior Agreements between us. This arbitration provision evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of these Terms of Service.

A. Informal Negotiations/Notice of Dispute. You and Bright Futures agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other ("Notice of Dispute"). Notices of Dispute must: (a) include the full name and contact information of the complaining party; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). Bright Futures will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: Bright Futures, 7012 Prairie Rd. NE, Albuquerque, NM 87109, ATTENTION: Legal Department.

B. Binding Arbitration. If you and Bright Futures are unable to resolve a Dispute through informal negotiations within 30 days after receipt of the Notice of Dispute, either you or Bright Futures may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND BRIGHT FUTURES ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes (AAA Consumer Rules), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, or if you send Bright Futures a notice to the Notice of Dispute address above indicating that you are unable to pay the fees required to initiate an arbitration, then Bright Futures will promptly pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. You and Bright Futures may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and Bright Futures agree that any arbitration shall be limited to the Dispute between Bright Futures and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class action-basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND BRIGHT FUTURES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bright Futures 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. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

D. Location. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the County of Bernalillo, State of New Mexico, United States of America, and you and Bright Futures agree to submit to the personal jurisdiction of that court, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

E. Recovery and Attorneys' Fees. If the arbitrator rules in your favor on the merits of any claim you bring against Bright Futures and issues you an award that is greater in monetary value than Bright Futures' last written settlement offer made before written submissions are made to the arbitrator, then Bright Futures will:

  • Pay you 100% of your arbitration award; and
  • Pay your attorney, if any, the amount of attorneys' fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium").

The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The right to attorneys' fees and expenses discussed above supplements any right to attorneys' fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys' fees or costs. Bright Futures waives any right it may have to seek an award of attorneys' fees and expenses in connection with any arbitration between us.

F. Limitation on Arbitrator's Authority. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

G. Changes to This Provision. Notwithstanding any provision in this Agreement to the contrary, we agree that if Bright Futures makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

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21. Entire Agreement

The Terms of Service (including the Bright Futures Privacy Policy and other Supplemental Terms incorporated by reference into this document) and any posted rules or instructions regarding a particular activity, contest, or sweepstakes constitute the entire agreement between you and Bright Futures relating to your rights and obligations in the use of Bright Futures Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a Bright Futures Service, Bright Futures shall resolve the conflict in its sole discretion.

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22. Special Notice to New Mexico Residents

Please note that (a) Bright Futures is located at 7012 Prairie Rd. NE, Albuquerque, NM 87109, (b) The fees and charges for Bright Futures Services vary depending on the services selected by you, and (c) If you have a complaint regarding Bright Futures Services or desire further information on use of Bright Futures Services, send an e-mailto brightfuturesnm@yahoo.com.

Bookmark drvterms.php and visit this site regularly for updates to Bright Futures Terms of Service.

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23. Supplemental Terms

Additional Terms and Conditions for Specific Bright Futures Services

Certain Bright Futures Services may require you to read and agree to terms and conditions that are specific to that Bright Futures Service. Your right to use that Bright Futures Service is subject to those specific terms and this Terms of Service. If there are any inconsistencies between the specific terms and these terms, Bright Futures will be the final and sole arbiter of any such inconsistencies.

Beta Tests

In its sole discretion, Bright Futures may contact you to review and evaluate one or more aspects of software or online features prior to commercial release for the purpose of identifying program errors. You will be asked to provide to Bright Futures (and to Bright Futures only) certain feedback and suggestions regarding your experiences while reviewing and evaluating the software or site feature(s). This process is known as a "Beta Test." You must sign and return to Bright Futures a Pre-Release Software Confidentiality Agreement ("Confidentiality Agreement") for each specific Beta Test BEFORE you will be allowed to be a tester ("Tester") and BEFORE any software will be provided or made accessible to you. Your participation as a Tester is subject to the Confidentiality Agreement and the following terms and conditions.

In connection with the Beta Test, Bright Futures may provide you, on a temporary basis, a pre-release copy of software or access to a feature on the Bright Futures site. You understand and agree that the pre-release copy and all other materials provided to you are confidential or proprietary information of Bright Futures. You agree as a condition of participating in a Beta Test to (i) not copy or reproduce the pre-release copy and confidential or proprietary information, (ii) safeguard the pre-release copy and confidential and proprietary information and prevent unauthorized access to, reproduction of, disclosure of and/or unauthorized use of, the pre-release copy and confidential and proprietary information, and (iii) fully comply with the terms and conditions of the Confidentiality Agreement.

You will carry out the testing personally and not provide access to pre-release materials to any other person. You agree that breach of the above obligations will cause irreparable harm to Bright Futures, and Bright Futures is entitled to (in addition to any other remedies available to it) ex parte injunctive relief without bond to prevent the breach or threatened breach of your obligations. Your obligation to keep the beta software confidential will continue until Bright Futures publicly distributes, or has otherwise disclosed to the public through no fault of yours, each piece of the software and the content that you are testing.

Upon request, you agree to immediately return to Bright Futures all copies of the pre-release copy and confidential or proprietary information Bright Futures provided to you.

As a Tester, you are invited to test beta software or online features for the sole purpose of evaluating the software or online features and identifying errors. Nothing in these guidelines, or on this site, shall be construed as granting you any rights or privileges of any kind with respect to the beta software or content that you find here. The beta software or content is provided for testing on an "as is" and "as available" basis and we make no warranty to you of any kind, express or implied.

By selecting to use beta software or online features, you agree that: (i) using beta software or online features is at your own risk and you know that the software or online features may include known or unknown bugs, (ii) Bright Futures has no obligation to make the software or online features available without charge for any period of time, nor to make them available at all, (iii) the software or online features may be available only by subscription once the Beta Test process is complete or at any time in the future; (iv) Bright Futures's Terms of Service apply to your use of the software or online features during the testing phase, and (v) if it is a closed beta test, you will keep all information about the beta software or online features confidential as stated above and not disclose such information to any other person.

Beta Test accounts are non-transferable under any circumstances.

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