4. Content: As a registered user, you will be able to upload and post a great variety of materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Brite Trace, for all of the Content that you upload post, email, transmit or otherwise make available through the Service, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on Brite Trace is entirely your responsibility.

Brite Trace shall have no liability of any kind with respect to any Content posted by you or other users of the Service. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Brite Trace members or otherwise created, distributed and displayed on any part of the Service. Brite Trace does not control or monitor all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.

The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. Brite Trace does not own any of the Content you post.

You acknowledge that Brite Trace may or may not pre-screen Content but that Brite Trace and its designees shall have the right, but not the obligation, in its sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these TOS and/or is otherwise objectionable as determined by Brite Trace in its sole discretion.

Brite Trace may preserve and store your account information and Content if it believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of Brite Trace, its users and the public.

5. Indemnity: You agree to indemnify, defend, and hold Brite Trace, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, cost, injury, liability, claims, damages, or demand of any kind, including actual attorney's fees and related costs, made by or arising out of your use of the Service in violation of these TOS and/or your violation of any rights of another or any applicable law, rule or regulation.

6. No Resale of Service: You agree not to, without the express prior written consent of Brite Trace in each instance: reproduce, duplicate, copy, sell, resell, or exploit, for any commercial or other purposes, any portion of the Service or content or other information or materials of any kind that you do not own.

7. Modification and Termination of the Service: Brite Trace reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Brite Trace will not be liable to you or any third party for the consequences of any modification, suspension or discontinuance of the Service.

8. Brite Trace Privacy Policy: Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service you agree to the terms of the Privacy Policy, as it may be changed and updated from time to time. Our Privacy Policy, which is incorporated here by reference, is located at britetrace.co/privacy-policy/. You agree that your use of this Service is subject to the Privacy Policy, and therefore, agree that you will not use this Service unless and until you review the Privacy Policy and agree with its terms in its entirety.

9. Registration: In order to use certain aspects of the Service you are required to register. We refer to registered users as “members”. Registered users are subject to the following specific terms in addition to all of the other terms in this Agreement: 

10. Practices regarding Use and Storage: You acknowledge that Brite Trace may establish general practices and limits regarding use of the Service including, without limitation, the maximum number of email messages which may be sent or received from an account of the Service, the maximum size of any email message that may be sent from or received by an account of the Service, the maximum amount of disk space that will be allotted on Brite Trace’s servers on your behalf, and the maximum number of times and duration for which you may access the Service in a given time. You agree that Brite Trace has no responsibility or liability for the deletion or failure to store or transmit any messages or communications or other content maintained or transmitted by the Service. You acknowledge and agree that Brite Trace reserves the right to log off accounts and deactivate usernames and accounts that are inactive for an extended period of time. You further acknowledge that Brite Trace has the right to modify these practices and limits from time to time.

11. Brite Trace Proprietary Rights; Trademarks and Copyrights: You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Brite Trace and its licensors, and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Service is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through the Service or advertisers is protected by copyright, trademarks, service marks, patent, privacy, and/or other proprietary rights and laws. Except as expressly authorized by Brite Trace or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part, at any time. You also acknowledge Brite Trace’s exclusive rights in the Brite Trace trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing on Brite Trace are the property of Brite Trace or the party that provided such intellectual property to Brite Trace. Brite Trace and any party that provides intellectual property to Brite Trace retain all rights with respect to any of their respective intellectual property appearing on Brite Trace, and no rights in such materials are transferred or assigned to you, in whole or in part, at any time.

12. Disclaimer of Warranties: The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. BRITE TRACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BRITE TRACE MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT THE SOFTWARE WILL BE ERROR-FREE AND/OR ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

No advice or information, whether oral or written, obtained by you from Brite Trace or through or from the Service shall create a warranty not expressly stated in these TOS.

13. Limitation of Liability: You expressly understand and agree that Brite Trace will not be liable to you for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Brite Trace has been advised of the possibility of such damages or such damages were reasonably foreseeable, resulting from the use or the inability to use the Service, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party including advertisers on the Service, the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, and/or any other matter relating to the Service. In no event will Brite Trace be liable to you for any amount of money over One Hundred U.S. Dollars ($100.00), which you acknowledge to be a fair and reasonable sum in the event of any loss by you of any kind.

14. Personally Identifiable Information: In an effort to preserve your privacy, Brite Trace agrees that it will treat any personally identifying information that you submit through this site in accordance with the terms outlined in its Privacy Policy located at https://britetrace.co/.

15. Disclosures Required by Law: Brite Trace reserves the right at all times to disclose any information, including personally identifiable information about you, as necessary to satisfy any applicable law, regulation, legal process or governmental request. Brite Trace reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Brite Trace to disclose the identity of anyone posting any content, or publishing or otherwise making available any materials that are believed to violate the TOS. Brite Trace will use reasonable efforts to notify you in connection with any such inquiry; provided, however, that the inquiry in question is not confidential, and further provided that Brite Trace shall have no duty to disclose such information and therefore shall not be liable to you in connection with any non-disclosure.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD BRITE TRACE HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BRITE TRACE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BRITE TRACE OR ANY LAW ENFORCEMENT ORE REGULATORY AUTHORITIES.

16. Disputes: If there is any dispute about or involving the Brite Trace and/or the Service, you agree that any dispute shall be governed by the laws of the State of Kentucky, TO USE OF THE SERVICE OR THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

17. Miscellaneous Terms; General Information: These TOS govern the terms and conditions of your use of the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Brite Trace with respect to the Service and this website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software. Brite Trace may revise these TOS at any time by updating this posting. Accordingly, you should review the TOS periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the TOS signifies and confirms your acceptance of any such changes or amendments to these TOS.

The failure of Brite Trace to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of the TOS by Brite Trace must be in writing and signed by an authorized representative of Brite Trace to be effective.

If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties' intentions as reflected in the provision, and the other provisions of these TOS, shall remain in full force and effect.

The section titles in the Agreement are for convenience only and have no legal or contractual effect.

Nothing contained in these TOS shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each is and shall remain independent contractors (to the extent applicable), and therefore, responsible for its own actions.

Please immediately report any violations of these TOS to Brite Trace at venture@britetrace.co