Terms & Conditions

Agreement between User and Bright Side Dental

Welcome to Bright Side Dental, operated by BRIGHT SIDE MANAGEMENT GROUP LLC ("Bright Side Dental," "we," "us," or "our"). This agreement applies to our websites, including https://gobrightsidedental.myfunnelish.com/, https://bsdbloomfield.leadbloom.net/, and related subdomains (collectively, the "Site"). The Site is an e-commerce platform offering dental services in the Metro Detroit area. Your use of the Site constitutes your agreement to these Terms & Conditions ("Terms") without modification. Please read these Terms carefully and keep a copy for reference.

Privacy

Your use of the Site, including form submissions at https://bsdbloomfield.leadbloom.net/, is subject to our Privacy Policy (available at [https://gobrightsidedental.myfunnelish.com/privacy-policy]). The Privacy Policy governs our data collection practices, including the use of tracking technologies like Meta Pixel for anonymized advertising and storage of health-related information in a HIPAA-compliant platform. Users can manage non-essential tracking, such as for advertising as described in our Privacy Policy. Health-related information is handled in compliance with the Health Insurance Portability and Accountability Act (HIPAA) and not shared with third-party advertisers.

Electronic Communications

Visiting the Site or sending emails to Bright Side Dental constitutes electronic communications. You consent to receive electronic communications, including agreements, notices, and disclosures via email or the Site, which satisfy any legal requirement for written communication.

Children Under Thirteen

Bright Side Dental does not knowingly collect personal information from persons under 13, either online or offline, in compliance with the Children’s Online Privacy Protection Act (COPPA). If you are under 18, you may use the Site only with parental or guardian permission.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites ("Linked Sites") not controlled by Bright Side Dental. We are not responsible for the content or practices of Linked Sites, and their inclusion does not imply endorsement. Certain services (e.g., appointment booking) are delivered by third-party sites/organizations. By using these services, you consent to Bright Side Dental sharing data with third parties we have contractual relationships with (e.g., HIPAA-compliant platforms for appointment processing). Data shared with third-party advertisers, such as Meta for conversion tracking, is limited to anonymized event data (e.g., form submission events) and excludes personal or health-related information, as detailed in our Privacy Policy.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Bright Side Dental 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 Side Dental 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 content, in whole or in part, found on the Site. Bright Side Dental content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any 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 will make no other use of the content without the express written permission of Bright Side Dental 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 Side Dental or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated, and administered by Bright Side Dental 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 Side Dental Content accessed through the Site 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 Side Dental, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's 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 Side Dental 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 Side Dental in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding these Terms or arising as a result of these Terms, whether directly or indirectly, including tort claims. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

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 Side Dental and/or its suppliers may make improvements and/or changes in the Site at any time.

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 Side Dental 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 Side Dental 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 Side Dental 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, your sole and exclusive remedy is to discontinue using the Site.

Termination/Access Restriction

Bright Side Dental 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 Michigan, and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan 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 Side Dental as a result of this agreement or use of the Site. Bright Side Dental's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bright Side Dental'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 Side Dental 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 Side Dental with respect to the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Bright Side Dental 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

Bright Side Dental reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Bright Side Dental encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Bright Side Dental welcomes your questions or comments regarding the Terms:

BRIGHT SIDE MANAGEMENT GROUP LLC ("BRIGHT SIDE DENTAL")

43380 Woodward Ave, Suite 105

Bloomfield Hills, MI 48302

Email Address:

info@brightsidedental.com

Telephone number:

1-800-724-6537

Effective as of January 01, 2024