Bright Branch, Inc. Terms and Conditions

Please read the Bright Branch, Inc. terms and conditions carefully. Your participation in or purchasing of any services from Bright Branch, Inc. or visiting the Bright Branch, Inc. website or social media pages indicates your agreement to the Bright Branch, Inc. Terms and Conditions.

Bright Branch, Inc.

Terms and Conditions

Thank you for visiting Bright Branch, Inc. It is important that everyone has a safe and pleasant online experience. Below are the terms and conditions.

These Terms of Use apply to your use of the websites owned and operated by Bright Branch, Inc., its affiliates and related entities (“Bright Branch”, “we” or “us”) including www.BrightBranchInc.com, all social media sites affiliated with Bright Branch, Inc. and any subdomains thereof (the “Sites”).

The term “Sites” includes the content on the Sites and all of our services provided on or through the Sites. You use the Sites anytime you access, view, link to or from, or otherwise interact or communicate with or connect to the Sites. By using the Sites you agree to these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree with any of parts of the Terms of Use, do cease using the Sites immediately. These Terms of Use may be changed from time to time without notice. Any changes will be effective when posted. Periodically review our Terms of Use to become aware of any changes.

Users of our Service must be 18 years of age or older. Users must be 18 years or older to purchase any of our products or Services.

Bright Branch, Inc. is under no obligation to accept any individual as a user of our Sites, and may accept or reject any registration in its sole and complete discretion. In addition, Bright Branch, Inc. may deactivate any account at any time, including, without limitation, if it determines that a user has violated these Terms of Use.

Applicable Laws

By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.

Community Guidelines

By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:

• You will comply with all applicable laws in your use of the Sites and will not use the Sites for any unlawful purpose;

• You will not upload, post, email, transmit, or otherwise make available any content that: infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.

• You will not “stalk,” threaten, or otherwise harass another person;

• You will not spam or use the Sites to engage in any commercial activities;

• If you post any content or comments, you will stay on topic;

• You will not access or use the Sites to collect any market research for a competing business;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means;

• You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites;

• You will not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to copy materials from the public portions of the Sites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;

• You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;

• You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know by emailing BrightBranchInc@gmail.com, and we’ll review it.

• You will not disparage any Bright Branch, Inc. community member privately or publicly.

We reserve the right, in our sole and absolute discretion, to deny you access to the Sites, or any portion of the Sites, without notice, and to remove any content that does not adhere to these Community Guidelines.

Testimonials

Please be aware that any testimonials on the Sites may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.

User Accounts

If you access the Sites as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.

When registering an account, you agree to:

• provide true and accurate information about yourself;

• create a suitable username that is not offensive, infringing or deceptive;

• not register for more than one account;

• not register for an account on behalf of someone other than yourself;

• maintain the security of your passwords and identification;

• be responsible for all use and activity under your account and the consequences thereof, regardless of whether you have authorized such use and activity

• immediately notify us of any unauthorized use of your password or account or any other breach of security

If we determine, in our sole discretion, that you have violated these Terms of Use we reserve the right, without notice, to remove your account and restrict, suspend or terminate your access to all or any part of the Sites in our sole discretion.

Payment

In order to purchase any Bright Branch, Inc. products or services you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors. By ordering a Bright Branch, Inc. product or service, you agree that we may charge you the price listed at the checkout screen on our Sites. If you have any issues with payment do not hesitate to contact us at BrightBranchInc@gmail.com

The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.

All prices are in US dollars unless otherwise stated and inclusive of all taxes.

Payment for all programs, services, membership subscriptions, webinars, classes, and groups is due prior to registration, booking, and use of restricted “member’s only” materials. All membership subscriptions are auto-renewing on a monthly basis and will generally be paid at the same time each month. Therefore, Bright Branch, Inc. is not responsible for charges received in a member’s bank account that results from insufficient funds due to subscription charges that were charged on the correct due date. Members are responsible for ensuring their credit card information is up-to-date.

If your payment details change or payment is defaulted at any stage your Program account will be frozen until you update your payment details. By selecting an installment or recurring payment plan you agree to pay all monies owed in full, unless otherwise agreed by Bright Branch, Inc. There are no refunds.

Accessing Programs, Services and Memberships

After processing your payment, you will be granted access to our Program(s) upon the start of the program as listed on the Sites, or agreed upon directly. Additional information about the Program(s) can be found within our Sites. If you request your service to be discontinued your access to the Program(s) will be revoked.

Service Redemption

Individual/Small Group purchases for a webinar or class must be applied to the specified program selected. Other purchased services must use the service within 3 months of purchase date. Any unused services will be forfeited. Once your Program has begun you will be ineligible for any refunds. If you are unable or unwilling to undertake the program after its commencement, we are unable to defer the start of your program until the next program or transfer the program to another user of our Site and Service.

Cancellation and Refunds

You may cancel at anytime by completing the "Unsubscribe" process and your access to the monthly subscription will be discontinued at the end of the payment period. Once fees are collected for the month, they will not be refunded.

No refunds are available for electronic products, including but not limited to audio downloads, e-books, and other information products.

We recognize that time is valuable but that events and circumstances beyond our control might impact scheduled sessions, webinars, classes, courses, events, programs, information distributions, etc. Every attempt will be made to accommodate rescheduling, within reason.

Services and Service Disclaimers

Your use of certain features, functionality, resources, products or programs (including, without limitation, contests, challenges, webinars, workshops, classes, courses, social media pages/sites, promotional documents, sweepstakes, games, surveys, forums, newsletters, subscription registrations, content submissions, chats, bulletin boards, discussion groups, promotions, marketing opportunities, affiliate programs, requests for suggestions, requests for free products, RSS feeds, etc.) offered on or through the Sites (the “Services”) may be subject to additional terms and conditions (“Service Rules”), and before you use any of the Services you may be required to indicate your acceptance of such additional Service Rules. All Service Rules are incorporated into these Terms of Use by reference.

Bright Branch does not provide Medical Advice. While the Site Content may be related to general and specific health, wellness, fitness, nutrition and lifestyle issues, the Site Content is made available with the express understanding that neither Gina Faust, President, other experts on the Sites, nor the Sites themselves, nor users of the Sites are dispensing medical advice. Do not use information from the Sites for self-diagnosis.

All information, materials, articles, statements, products and opinions of the sites are derived via certified training in health coaching and fitness, from a collection of personal experiences, information that is in the public domain and/or that of government guidelines.

Your participation in any Bright Branch, Inc. Service indicates that you agree to consult your own medical professional before beginning any programs or with any questions or concerns. If you choose to use any information provided by Bright Branch, Inc. without the prior consent of your physician, you are agreeing to accept full responsibility for your decisions.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND FITNESS BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITES, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.

By using the Sites you understand that:

• All content created by Bright Branch, Inc. is for informational and educational purposes only;

• Any statements listed on our Site or Service have not been evaluated by any other national or international agencies;

• None of the content or products offered on the Sites are meant to diagnose, treat, alleviate or relieve any medical or health conditions;

• Users understand that Bright Branch, Inc. services are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. Users also understand that Bright Branch, Inc. is not acting as a mental health counsellor or a medical professional. Users understand and agree that they are fully responsible for their own well-being, including their choices and decisions. Users understand that Bright Branch, Inc. is not a substitute for counseling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment, and users will not use it in place of any form of therapy;

• The products and content found on the Sites are not intended as a substitute for the advice provided by your physician or other healthcare professional.;

• You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem, dietary change or starting a new fitness program, or before using any of our products;

• If you have or suspect that you have a medical problem, promptly contact your health care provider;

• Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health-care provider because of something you have read on our Sites;

• You should be in good health and physically fit when using our product or Service. Failure to be in good health may result in adverse health consequences.

Please seek medical advice in regards to your health conditions and physical fitness. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

Before relying on any nutritional information on the Sites, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.

By using the Sites you understand that Gina Faust, President, is a certified Personal Trainer and Weight Management Specialist. She is not acting in the capacity of a doctor, licensed dietician, psychologist or other licensed or registered professional. The role of the Personal Trainer is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Personal Trainer is a mentor and guide who has been trained in coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.

Any information provided on the Sites, through participation in the Program(s), via electronic communication and/or contained within any Services or Site Content are for informational purposes only and are not intended to diagnose, prevent, treat or cure any disease or condition, nor intended as medical or nursing advice.

The information provided on this website are guidelines for a broad-spectrum audience.

Implementation of these guidelines is at the user’s discretion and sole risk.

Bright Branch, Inc. recipe plans are for guideline purposes only, and are not designed to replace the users current eating habits. Recipes may not be nutritionally complete for certain populations.

Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of any new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health-care professional.

You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Sites, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

By using the Sites you understand that exercise is not without its risks and this or any other exercise program may result in injury.

As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have intense physical discomfort you should stop immediately and consult a medical professional.

Always consult your physician or health care provider before beginning any new exercise program.

The information on this website is designed to help individuals within a broad-spectrum audience progress towards their health, wellness and fitness goals. It is not specifically tailored to suit any injuries, health problems, special diets or any other problems that could be aggravated with low, moderate or high intensity physical exercise.

The sites are continually under development and Bright Branch, Inc. makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard developments in medical research may impact the fitness and nutritional information that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.

The Sites are not promoting poor body image or extreme training regimens. Bright Branch, Inc. should not be held liable for the interpretation or use of the information provided.

The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical, fitness, nutrition, financial or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific training routines, diets, tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death, by any person following the information offered or provided within or through the Sites

We reserve the right to alter, update, or remove our Services at any time. We may conduct such modifications to our Services for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.

We make our Services available to you through our Sites. When you use our Services, we grant you a personal, non-exclusive, revocable, limited license to use our Services and access our Sites. This means you may not resell our Services anywhere else, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services. This license may be terminated if you violate any provisions listed in this Agreement or our Privacy Policy. Additionally, this license may be terminated if you are engaged in any activities that may damage the rights of Bright Branch, Inc. or if your activities are in violation of any applicable laws. If you wish to terminate this license please simply stop using our Services or notify us.

Content Property

The design of the Sites and Services along with all Bright Branch, Inc. created text, templates, scripts, graphics, videos, articles, recipes, postings, links, information interactive features and the trademarks, service marks and logos contained therein (collectively “the Site Content”), are owned by or licensed to Bright Branch, Inc. All Site Content is subject to copyright and other intellectual property rights under US and foreign laws and international conventions. Bright Branch, Inc. reserves all rights not expressly granted in and to the Services and the Sites. Unless noted otherwise, you may access the Sites or the Site Content for your personal and non-commercial use only. You will not acquire any ownership rights by downloading the Site Content. You may not use, modify, copy, publish, display, transmit, adapt, frame or in any way exploit the Site Content, in whole or in part, without our prior written authorization and the authorization of all respective owners of the Site Content. You must abide by all copyright notices or other restrictions contained on the Sites. Any unauthorized use of the Site Content will terminate any permissions granted herein. Such unauthorized use may also violate Applicable Laws, including copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to the Site Content.

By uploading, transmitting, posting or otherwise making available any material via the Sites and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights.

Copyright Complaints

It is our policy to remove any materials that infringe upon another party’s intellectual property rights. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to BrightBranchInc@gmail.com containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Sites; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorized, (v) a statement that you are the copyright owner or authorized to act on the copyright owner’s behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).

By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.

Links to Third-Party Sites

The Sites may contain links to other sites (“Third-Party Sites”) containing content, goods, services, and applications not owned by us. These Terms of Use apply only to our Sites. We do not control, endorse, take responsibility for, investigate, monitor or check for accuracy, appropriateness or completeness of any content of Third Party Sites. You release us from any and all liability, direct or indirect, and for any loss or damage in connection with your use of, or reliance on, any content of Third-Party Sites.

Site Availability

We do not guarantee that the Sites will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Sites or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Sites or Service will work as advertised, or that they will give you the desired results.

Disclaimers

Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

Neither Bright Branch, Inc. nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the Sites.

Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health.

The information, materials and services provided on or through this web site may be out of date, and neither Bright Branch, Inc. nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. We hereby expressly disclaim all liability of service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.

Users understand that the use of technology is not always secure and accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.

We take every precaution to protect our users’ information. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).

You agree to hold harmless us and our officers, directors, employees, representatives, licensees, authorized designees, successors and assigns from any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) connected to (i) any of your User Content, (ii) your exercise of any of your rights granted herein, (iii) the breach of any of your warranties, representations, covenants, responsibilities or other obligations set forth in these Terms of Use, (iv) your violation of any person’s intellectual property, privacy, publicity or other right, (v) the violation of any Applicable Laws and/or these Terms of Use by you and/or anyone using your registered account to access and/or otherwise use the Sites (in whole or in part), or (v) your willful misconduct or the willful misconduct of anyone accessing the Sites through your registered account. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you shall agree to cooperate with us in asserting any available defenses.

In the event of any problem with the Sites or any content, you agree that your sole remedy is to cease using the Sites. In the event of any problem with the products or services that you have purchased on or through the Sites, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

These Terms of Use constitute the entire agreement between you and us relating to the subject matter contained herein.

Under no circumstances, including, but not limited to negligence, shall anyone related to our Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, Product or Service, including its materials or third-party materials made available through the Program, Product or Service, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product or Service participant or user, including but not limited to you and your clients.

Jurisdiction

We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Electronic Communications

The communications between you and our Sites use electronic means, whether you visit the Site or Service or send us e-mails, or whether we post notices on the Sites or Services or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Bright Branch, Inc. in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

Contact Information

If you have any questions about our Program, Sites, Terms of Use or other products do not hesitate to contact us. You may contact us by email at BrightBranchInc@gmail.com