Terms of Service

Welcome to Brightfox! We provide customized test prep and tutoring programs, in person and online. And we're glad you're here to read these Terms of Service. If you have any questions about any of this, you can contact us at hello@gobrightfox.com, and we'll do our best to help. The Brightfox website and Services (defined below) are owned and provided by Brightfox Education, Inc. In these Terms of Service, we won't use the full corporate name. Instead, we'll refer to the company as "Brightfox." And when we say "we," "us," or "our," that's also referring to the company. We encourage you to read these Terms of Service (the "Terms") and our Privacy Policy carefully because they – along with other posted policies, rules, and guidelines – govern your use of and interaction with our website (www.gobrightfox.com) (the "Site"), our staff and facilities, the software and technologies we provide, written materials we may provide, and our communications with you. These Terms govern your access to and use of our Services, whether as a guest, Site visitor, registered user, account holder, or Authorized User (defined below). By using the Services, you acknowledge that you have read and understood these Terms and you accept and agree to be bound and abide by these Terms. If you do not agree with any part of the Terms, you must not use the Services.

Important Notice Regarding Arbitration

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER THAT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Changes to Terms and Services

Our Services are evolving, and hence we may update them and the Terms from time to time. If we modify the Terms, we'll let you know either by posting the updated Terms within the Services or through other communications. It's important that you review the Terms whenever we update them or when you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore and you are prohibited from doing so. We may, at our sole discretion, change or discontinue all or any part of the offerings we provide via our Services, at any time and without notice.

Accessing the Services

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Brightfox does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Brightfox reserves the right to modify, revise, or remove the Services we provide, including the Site and App, at Brightfox's sole discretion without notice. Brightfox may restrict access to some parts of the Services. Brightfox will not be liable for any outages to the Services that may occur, for whatever reason.

Who May Use the Services?

Certain Services are only available to registered Users. Before becoming a registered User, you must establish a Brightfox account (an "Account"). Approval of your request to establish an Account will be at the sole discretion of Brightfox. You may create an Account only if you are 18 years or older, are capable of forming a binding contract with Brightfox, and are not barred from using the Services under applicable law. It's important that you provide us with accurate, complete, and up-to-date information for your Account. You agree that you won't disclose your Account password to anyone that you do not intend to have full access to your Account, and you'll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them. Brightfox reserves the right to disable any account, profile, user name, password, or other identifier at any time, in our sole discretion for any or no reason, including if, in our opinion, there has been a violation of any provision of these Terms or of our Privacy Policy.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by emailing us at hello@gobrightfox.com. You hereby grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, sub-licensable, fully-paid, royalty-free license to use, copy, modify, create derivative works based upon, and otherwise exploit for any purpose the Feedback you provide us.

Content Ownership, Responsibility and Removal

Brightfox does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, as between you and Brightfox, Brightfox is the sole owner of and will retain ownership of all right, title, and interest in the Services and Content, including all underlying software, algorithms, interfaces, technology, databases, tools, know-how, processes and methods used to provide or deliver the Services, documentation, aggregate data related to the Services, all improvements, modifications or enhancements, and all Intellectual Property Rights in and to any of the foregoing.

By making any User Content available through the Services you hereby grant to Brightfox a perpetual, irrevocable, non-exclusive, transferable, worldwide, royalty-free, fully paid license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.

You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, will infringe, misappropriate, or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Payments and Payment Services

Brightfox requires users to maintain funds within their Account ("Account Balance") from which deductions are made when Services are utilized. All funds in the Account Balance expire within one year from the time they were added to the account balance.

When you make a Purchase we may allow payments through a variety of different methods, including credit cards, debit cards, bank transfers, and other payment platforms such as Google Pay and Apple Pay. A valid Payment Method must always be on file in order for Services to be provided. Charges paid by you are final and non-refundable, unless otherwise determined by Brightfox. Prices of our Services are subject to change at all times.

We use a third-party payment processor, Stripe, Inc., to bill you. By agreeing to these Terms, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements available at stripe.com/legal.

Use of Service by Authorized Users

You acknowledge and agree that the default setting in our Services allows any Authorized User associated with your Account to choose to schedule and utilize our Services, which will have the effect of reducing your Account Balance. You may change the default setting so as to disallow these actions of Authorized Users if you choose. You can read about our current cancellation policies in the Brightfox Policies.

Refunds and Transfers

We do not allow refunds of any amount (Purchase amounts or Bonus Amounts) contained in the Account Balance. However, portions of your Account Balance that were funded directly by you (i.e. the Purchase Amounts) can be transferrable to another Brightfox client's account if you desire. Bonus Amounts are not transferrable.

Copyright Policy

Under the Digital Millennium Copyright Act of 1998 (the "DMCA") if you believe in good faith that any content on the Services infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) identification of the content that is claimed to be infringing; (d) your name, address, telephone number and email address; (e) a statement of good faith belief; and (f) a statement of accuracy under penalty of perjury.

Notices and counter-notices should be sent to our Copyright Agent at 2000 Crow Canyon Place, Suite 185, San Ramon, CA, 94583 Attn: Legal, or at hello@gobrightfox.com.

Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

While Brightfox Education is confident in the skills and teaching ability of its instructors, we make no promises or warranties with regard to any individual's performance in a Brightfox class, their regular daytime schooling, or on a third party exam (including, but not limited to the SAT, ACT, and AP exams) as a result of our services provided.

Indemnity

To the extent permitted by law, you agree to indemnify, protect and hold Brightfox and its parents, subsidiaries, affiliates, and assigns, and their respective officers, directors, employees, agents, representatives and service providers harmless from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from: (i) your User Content; (ii) your failure to comply with any of these Terms; (iii) your violation of any applicable laws, rules, or regulations related to your use of the Services; and (iv) your use of the Services.

Limitation of Liability

NEITHER BRIGHTFOX NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

IN NO EVENT WILL BRIGHTFOX'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED US DOLLARS ($100).

Non-Solicitation

You agree that you shall not, for any reason, either directly or indirectly solicit or attempt to solicit the educational services of any employees, staff, contractors, or tutor(s) currently employed or engaged by Brightfox for academic services.

Governing Law and Venue

These Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions. With respect to any disputes or claims not subject to arbitration, you and Company each hereby agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the Northern District of California.

Dispute Resolution by Binding Arbitration

You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to these Terms, the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court, if your claims qualify.

You and Company agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at hello@gobrightfox.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute to: Brightfox, Inc. 2000 Crow Canyon Place, Suite 185, San Ramon, CA, 94583.

Termination

You agree that Company, in its sole discretion, may suspend or terminate your Account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including for lack of use or if Company believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.

Entire Terms

Except as otherwise stated herein or otherwise amended and agreed to by you and Brightfox, these Terms constitute the entire and exclusive understanding and agreement between Brightfox and you regarding your use of the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Brightfox and you regarding the use of the Services.

Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted via email at dca@dca.ca.gov, in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. You may contact us at 925-266-1800 or at hello@gobrightfox.com.

Contact Us

If you have any questions about these Terms or the Services, please contact Brightfox at: hello@gobrightfox.com.