Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website located at brightworksit.com (the “Site”) operated by BrightWorks IT (“BrightWorks IT,” “we,” “us,” or “our”). Please read these Terms carefully before using the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Site.

1. Acceptance of Terms

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

BrightWorks IT provides managed information technology services, cybersecurity solutions, cloud computing services, backup and disaster recovery (BDR), compliance consulting, IT helpdesk support, VoIP, network management, and related technology services (collectively, the “Services”). The Site provides information about our Services, company, and resources for informational and marketing purposes. The content on the Site does not constitute a binding offer to provide Services. All Services are subject to separate service agreements between BrightWorks IT and the client.

3. User Accounts

Certain features of the Site or Services may require you to create an account or provide login credentials. If you create an account, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials
• Promptly update your account information if it changes
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate your account at our sole discretion if we suspect unauthorized use or violation of these Terms.

4. Intellectual Property

All content, features, and functionality on the Site—including but not limited to text, graphics, logos, icons, images, audio clips, video, data compilations, software, and the overall design and arrangement thereof—are the exclusive property of BrightWorks IT, its licensors, or its content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content on the Site without our prior written consent, except as follows:

• You may temporarily store copies in RAM incidental to your accessing and viewing the content
• You may store files that are automatically cached by your web browser for display purposes
• You may print or download one copy of a reasonable number of pages for your own personal, non-commercial use

5. Prohibited Uses

You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit or procure the sending of any advertising or promotional material without our prior written consent, including spam, chain letters, or similar solicitations
• To impersonate or attempt to impersonate BrightWorks IT, a BrightWorks IT employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm BrightWorks IT or users of the Site
• To introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material
• To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
• To use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written consent
• To collect or harvest any personally identifiable information from the Site

6. Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRIGHTWORKS IT DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

BrightWorks IT does not warrant that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. The information and content on the Site are provided for general informational purposes only and do not constitute professional IT consulting advice. You should consult directly with a BrightWorks IT representative before making any decisions based on the content of this Site.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIGHTWORKS IT, ITS PARENT COMPANY, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:

• Your access to or use of, or inability to access or use, the Site
• Any conduct or content of any third party on the Site
• Any content obtained from the Site
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS EXCEED ONE HUNDRED DOLLARS ($100.00).

8. Indemnification

You agree to defend, indemnify, and hold harmless BrightWorks IT, its parent company, affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including but not limited to any use of the Site’s content other than as expressly authorized in these Terms.

9. Governing Law

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of New York for the resolution of any disputes arising out of or relating to these Terms or the Site.

10. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Site, the parties agree to first attempt to resolve the matter informally by contacting BrightWorks IT at the contact information provided below. If the dispute cannot be resolved informally within thirty (30) days, either party may pursue formal legal remedies as permitted under these Terms.

To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against BrightWorks IT.

11. Third-Party Links

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by BrightWorks IT. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that BrightWorks IT shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party content, goods, or services.

12. Termination

We may terminate or suspend your access to the Site immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrightWorks IT regarding your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

15. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will update the “Effective Date” at the top of this page. Your continued use of the Site following the posting of any changes to these Terms constitutes acceptance of those changes. We encourage you to review these Terms periodically.

16. Contact Us

If you have any questions about these Terms of Service, please contact us: