These Terms and Conditions are an Agreement between user and Bright Pace LLC.
Welcome to brightpace.com
The brightpace.com website ("the Site") is comprised of various web pages operated by Bright Pace LLC ("Bright Pace"). brightpace.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of brightpace.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The brightpace.com site is an annual subscription to an online collaborative platform for educators that includes access to a discussion board and document viewer, which supports lesson design and standard alignment, planning, and professional development. Also included is a database to store, share and retrieve lesson plans and materials, and a professional tracking feature.
Electronic Communications
Visiting brightpace.com or sending emails to Bright Pace constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your subscription responsibilities and ownership to any other person or entity outside your organization. The "organization manager" and his or her subscribing organization, are responsible for adhering to all terms and conditions set forth. You acknowledge that Bright Pace is not responsible for third party access to your account that results from theft or misappropriation of your account. Bright Pace and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Bright Pace does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use brightpace.org only with permission of a parent or guardian.
Product Description
Bright Pace LLC owns and manages brightpace.com henceforth "the Site;" an annual online software subscription for educators that supports collaborative curriculum development and planning. "The Site" allows users to organize into cooperative groups on an online platform to design and redesign curricula, upload units and lessons, align learning standards, communicate on a discussion board, journal, track and schedule professional activity. "The Site" supports career development processes discussed in the Professional development section located on the homepage.
Product Terminology, Operation, and Process:
The subscriber, henceforth the "organization manager," has purchasing authority and is responsible for subscription payment.
After signing up to "the Site" and activating the subscription, the "organization manager" creates "user groups" and invites "users," henceforth "accounts" to "sign up," using the "invite" feature on the subscription page. The Invitee activates his or her "account" to "the Site" by clicking the invitation link they receive in their email, and by completing and submitting the online registration form. Once accounts are activated, the "organization manager" assigns each account to one or more "user groups."
The number of "accounts" invited to sign up cannot exceed the amount purchased. Additional accounts can be purchased at any time through the "Add Users" feature located on the subscription page. Accounts can be assigned to one or more user group(s). "Accounts" can create groups of their own within their organization and invite other accounts to join at no extra cost.
Details about "the Site" and the "Subscription Process" are located in the professional development section, by clicking the "Professional Development" tab on the homepage.
Subscription Activation and Free Trial:
Bright Pace LLC offers a "60 days free trial period," henceforth the "free trial," for first-time customers. The "free trial" is pre-selected during the "sign-up" process. The first day of the "free trial" is the day of subscription activation. "Days" within the "free trial" are "consecutive," meaning, all days including weekend days and holidays are counted in the "free trial" period. The "free trial" ends on the 60th day following account activation, 12:00 midnight CST.
Intent to Purchase and Continue:
The "organization manager" and his or her organization acknowledge that "failure to cancel" before the "free trial" expires, or before the "renewal due date" ends, constitutes the "intent to purchase or renew "the Site." Cancellation requests received after the "intent to purchase and continue" has occurred, will not be granted; meaning that access to "the Site" will remain active for the remainder of the subscription period, and the annual subscription fee must be paid in full.
Annual subscription payment received before the free trial expires or grace period ends, whichever applies, will not be reimbursed unless the request to cancel is received before the "intent to purchase" has occurred. Bright Pace reserves the right to use a third party service to collect unpaid subscription fees once the "intent to purchase and continue" has occurred.
Payment Grace Period:
Bright Pace provides a "ten day payment grace period" henceforth "grace period" for all payments. Day one of the "grace period" is the day following the "payment due date". The "payment due date" is the day the "free trial" ends, or the "renewal period" expires; both at 12:00 Midnight CST. Payment in full must be received before the "grace period" ends. "Days" within the "grace period" are consecutive, meaning every day of the week, including weekend days and holidays are counted.
Organizations who add new user accounts after the "free trial" or "renewal period" are provided a "grace period". The "payment due date" for "Adding Users" is the transaction date. Day one of the "grace period" begins the day following the "payment due date," after 12:00 Midnight CST. Payment in full must be received before the "grace period" ends. "Days" within the payment "grace period" are consecutive, meaning every day of the week, including weekend days and holidays are counted.
Subscription Cancellation
There is no subscription payment due if the request to cancel "the Site" is received by Bright Pace LLC before the "free trial" ends or the renewal period expires. Cancellation requests must be emailed to contact@brightpace.com. Only the "Organization Manager" can cancel a subscription to "the site." Cancellation requests will not be granted unless all of these "Terms and Conditions" are met. Bright Pace LLC requires all cancellation requests include the following information as it appears in the "organization manager's" profile:
1. The "organization" name.
2. The "organization manager's" name.
3. The "organization manager's" email address.
4. The "organization manager's" phone number
The Organization manager agrees to keep his or her profile up to date. Cancellation of "the site" cannot occur without accurate, up to date information.
Bright Pace LLC will grant subscription cancellation requests and send an email acknowledging cancellation to the "organization manager", if these "Terms and Conditions" are met. With exception to certain "reimbursement fees," described in these "Terms and Conditions," there is no subscription payment required once cancellation requests are granted.
Bright Pace reserves the right to use a third party service to collect unpaid subscription fees once the "intent to purchase and continue" has occurred.
Bright Pace LLC will grant subscription cancellation requests and send an email acknowledging cancellation to the "organization manager," if these "Terms and Conditions" are met. With exception to certain "reimbursement fees," described in these "Terms and Conditions", there is no subscription payment required once cancellation requests are granted.
Subscription Cost
The cost of a subscription to "the Site," is calculated by multiplying the "unit price" for each "account," by the number of accounts that have been ordered at the time the "free trial" expires or the renewal "grace period" ends. The "Organization Manager" has financial authority for his or her organization and is responsible for "subscription payment".
The subscription fee must be paid in USD currency via personal or company check, money order, or cashier's check and received before the "grace period" ends.
The "pay later" box is pre-checked for subscribers during the "sign up" process. Payment must be made to "Bright pace LLC".
Make Payment to:
Bright Pace LLC.
Mail Payment to:
Bright Pace LLC.
P.O. Box 8241
Gurnee
Illinois 60031
Renewal Subscriptions:
The "organization manager" must click the renewal button on the subscription page before the "subscription renewal period" ends to renew his or her subscription. The "renewal payment" due date is the existing subscription end date. All Subscription activation, end and renewal dates are displayed on the subscription page located within the "Groups and Courses" section of "the Site". A "ten days payment grace period" is provided for "subscription renewal payments." Payment must be received before the grace period expires. See "Grace Period".
Decreasing "Accounts"
The "Organization Manager" can reduce the number of user "accounts" in his or her subscription, only during the "free trial" period and the subscription renewal period. The "organization manager" is responsible for payment-in-full for the additonal "accounts" he or she has ordered after the "subscription renewal period" and after the "free trial" ends
Adding "User Accounts"
The Organization Manager can add accounts to his or her subscription at any time. The process for adding members and the "unit price" for each "account" is found by clicking the "Add Users" button on the subscription page. The annual cost for an additional user is pro-rated, based on the number of "whole months" remaining in the annual subscription.
A "whole month" is used to calculate the cost of adding user accounts after the "free trial" and the subscription renewal period has expired.
A "whole month" is henceforth, defined as user "accounts" added within the first 15 days of the month regardless of the activation date. A month is not considered a "whole month" after the 15th day 12:00 midnight CST. Bright Pace does not charge for any month less than a "whole month."
"Accounts added during the "free trial" or "subscription renewal period" are not pro-rated, meaning they are charged the full annual unit price multiplied by the number of whole months remaining in the subscription for each "account" added. Accounts added during the "free trial" are charged ten whole months; 12 "whole months" minus two "whole months" in the subscription for the "free trial."
All user "accounts" added to a subscription are subject to the organization's "subscription renewal due date." First-time Subscribers and Renewal Subscription payments must be received in full before the "Grace Period" ends. See "Grace Period."
Payment Reimbursement:
Canceling "the Site" after payment is received by Bright Pace LLC and processed is permitted for a fee, and only if the "organization manager" adheres to the entire cancellation policy stated in these "Terms and Conditions." In the event subscription cancellation is granted after a payment is received and processed, the "Organization manager" will incur a reimbursement fee of 3% the total subscription price for subscription payments made to Bright Pace LLC by credit card or electronic check. A $25.00 fee is charged to the subscribing "Organization Managers" who seek reimbursement after paying by check or money order.
Subscription reimbursement is sent via paper check, to the mailing address located in the "organization manager's" subscription profile. The "organization manager" is responsible for keeping their "subscription profile" up to date. A $50.00 fee is charged to "organization managers," who want to replace a "reimbursement check" that has been destroyed, lost or stolen.
Late Payments:
Late payments may result in service interruption and data loss. If subscription to "the site" is deactivated due to "late payment or non-payment," a subscription reactivation fee of twenty-five percent of the total subscription price, not to exceed $100.00, will be charged to the subscribing organization and "organization manager".
Penalties:
The "Organization" and "Organization Manager" are responsible for bank penalties and collection fees incurred to Bright Pace resulting from rejected payment and nonpayment. Bright Pace LLC charges the "organization manager" ($25.00) for a rejected payment. Bright pace LLC reserves the right to use a third party agency to collect payment.
Subscription Activation Agreement
These "Terms and Conditions" go into effect once the "organization manager" activates his or her subscription to "the Site." Activation occurs once the "sign up" process is complete. To complete the "sign-up" process, the subscriber must check the "I agree to all these terms and conditions" checkbox, and complete and submit the online registration form. The activation start date is displayed on the subscription page of "the Site."
Links to third party sites/Third party services
brightpace.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Bright Pace, and Bright Pace is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a LinkNo response ed Site. Bright Pace is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bright Pace of the site or any association with its operators.
Certain services made available via brightpace.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the brightpace.com domain, you hereby acknowledge and consent that Bright Pace may share such information and data with any third party with whom Bright Pace has a contractual relationship to provide the requested product, service or functionality on behalf of brightpace.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use brightpace.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bright Pace that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bright Pace or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Bright Pace provided content, in whole or in part, found on the Site. The Bright Pace provided content is not for resale; your use of the Site does not entitle you to make any unauthorized use of any Bright Pace protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and or use within group's to which you belong that are established through Bright Pace, and will make no other use of the Bright Pace content without the express written permission of Bright Pace and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bright Pace or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Bright Pace has no obligation to monitor the Communication Services. However, Bright Pace reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Bright Pace reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Bright Pace reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bright Pace's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Bright Pace does not control or endorse the content, messages or information found in any Communication Service and, therefore, Bright Pace specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bright Pace spokespersons, and their views do not necessarily reflect those of Bright Pace.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to brightpace.com or posted on any Bright Pace web page
Bright Pace does not claim ownership of the materials you provide to brightpace.org (including feedback and suggestions) or post, upload, input or submit to any Bright Pace Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Bright Pace, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Bright Pace is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Bright Pace's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third Party Accounts
You will be able to connect your Bright Pace account to third party accounts. By connecting your Bright Pace account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Bright Pace from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bright Pace Content accessed through brightpace.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Bright Pace, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Bright Pace reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bright Pace in asserting any available defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRIGHT PACE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRIGHT PACE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BRIGHT PACE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIGHT PACE LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRIGHT PACE LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Bright Pace reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bright Pace as a result of this agreement or use of the Site. Bright Pace's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bright Pace's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Bright Pace with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Bright Pace with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bright Pace with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Bright Pace reserves the right, in its sole discretion, to change the Terms under which brightpace.com is offered. The most current version of the Terms will supersede all previous versions. Bright Pace encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Bright Pace welcomes your questions or comments regarding the Terms:
Bright Pace LLC
P.O. Box 8241
Gurnee, Illinois 60031
Email Address: contact@brightpace.com
Telephone number:
(888) 253-1950
These Terms and Conditions are Effective upon Subscription Activation.
