Terms of Service

The Terms of Service (TOS) are the rules and regulations that specify guidelines for using our digital marketing services. All use of our digital marketing services is subject to these terms. Please read them carefully and ensure that you understand and agree to all parts. Use of BrightFire’s services implies agreement with these terms.

The use of digital marketing services from BrightFire, LLC [“BrightFire”] constitutes agreement to these terms.

Account Setup / Email on File

We will set up your account after we have received payment (unless otherwise agreed) and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to ensure your contact information, including primary point of contact, address, phone number, and email address on file is current or up-to-date at all times for support and billing purposes. We will use the primary email address on file for all communications regarding your account.

Insurance Agency Websites and Content Licensing

All BrightFire provided content, text/copywriting, and graphics on our insurance websites are protected by U.S. copyright and international treaties and may not be copied without the express permission of BrightFire LLC, which reserves the rights. Re-use of any of BrightFire-provided text, content, or graphics online for any purpose is strictly prohibited. Do not copy or adapt the HTML, CSS, or other software code that BrightFire creates to generate pages. It is also covered by BrightFire’s copyright.

You agree and understand that the licensed BrightFire Insurance Agency Website, and all graphic designs, style templates, icons, webpage copy, BrightFire-provided blog posts, BrightFire-provided social media posts, HTML code, programming/software code, and other graphic elements incorporated therein are the exclusive property of BrightFire. In addition, BrightFire owns all rights, title, and interest in and to BrightFire’s trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of the BrightFire Insurance Agency Website. To the extent any trade names, trademarks, or other proprietary marks of third parties (“Third Party Marks”) are incorporated into any component of the subscription service, you agree that such Third Party Marks are the intellectual property of such third parties.

Restrictions: You may not copy, sell, redistribute, license, sublicense or otherwise give a BrightFire Insurance Agency Website or any portion thereof to any third party without BrightFire’s written consent.

Content

All services provided by BrightFire may only be used for lawful purposes. The laws of the State of Georgia and the United States of America apply. The customer agrees to indemnify and hold harmless BrightFire from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.

If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice and the account terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

Ownership Rights

Client

Client will retain exclusive ownership of all rights, title, and interest only in content which Client provides to BrightFire for the provision of the services, subject to the rights granted to BrightFire herein. Client is responsible for obtaining proper rights to any content they supply to BrightFire and BrightFire will not be held responsible for copyright violations, or infringement, of materials provided by the Client. All other elements of the provided website or marketing services, apart from any content provided by Client, will be owned solely by BrightFire, and will not be retained by Client upon expiration or termination of this Agreement.

BrightFire

BrightFire will retain exclusive ownership of all rights, title and interest in the provided website and marketing services (including, without limitation, any modifications, updates and developments provided hereunder), as well as any content supplied by BrightFire in the provision of the service, and any visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and any other elements of the service, subject to the licenses granted herein.

Support

Standard Support is included with all BrightFire services. Standard Support includes minor updates to your website (such as changes to your staff, insurance companies, notification bar updates, and minor text updates) or minor updates to your marketing services (update contact information on your social media, local listings, or review network sites, or text edits to your Pay-Per-Click Advertising campaigns landing pages). There is not a specific allotted amount of time for Standard Support per customer per month.

Premium Support is for more labor-intensive or custom requests such as website custom page layouts, custom content creation, custom website forms, graphic design, and the purchase/editing of images/videos. The customer will be notified if their request is considered Premium Support. BrightFire will provide a quote which will  require customer approval before the Premium Support request is initiated. Premium Support is billed directly to the customer and the customer will not be charged until they confirm the work has been completed to their satisfaction.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via spam may not be hosted on our servers. This provision includes, but is not limited to spam sent via fax, email, instant messaging, or usenet/newsgroups.

BrightFire reserves the right to require changes or disable as necessary any website, account, database, or other components that do not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

BrightFire reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of BrightFire.

Payment & Billing

Fees, Pricing, Promotions, Coupons, & Discounts

Fees are payable in U.S. dollars only. You will be subject to subscription fees in accordance with the pricing information available on the website at https://www.brightfire.com. You will be required to submit payment in advance for the service. Fees will be billed monthly or annually.

The pricing, other fees, promotions, coupons, and discounts are subject to change at any time at our sole discretion. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the pricing, fees, promotions, coupons, and discounts.

You agree to pay all fees for services chosen in the website order form and you authorize BrightFire to charge the credit card, debit card, or bank account (ACH) you provide for such purpose. You also authorize BrightFire to set up your account within a recurring billing system where your payment method will be billed on a recurring basis for all services that are rendered. You authorize BrightFire to charge your billing method on a one-time basis for all services that are rendered on a one-time basis, such as premium support services. These authorizations shall remain until canceled by you in writing.

You may update your payment method at any time by contacting our Customer Success Department via email at support@brightfire.com. Payments or updates to payment methods will not be taken over the phone.

When you order services from us, we ask for your credit card number and billing address. We use this information only to bill you for the services you order at that time and for no other purpose.

BrightFire does not deliver or send any digital or physical goods to its customers.

Recurring Billing

Recurring billing is completed on a monthly or annual basis and will renew automatically on each anniversary unless canceled. You authorize us to process payment of any other fees you may incur in connection with your use of our services including, but not limited to, requests for additional services, custom work, and premium support.

Payment Processing

In order to protect the privacy and security of your credit information, we use the services of a third-party payment processor. You acknowledge that we contract with such third-party processor for these purposes and you hereby grant authorization to share information with such third-party processor as necessary for these purposes.

Disputes

Any disputes about any charges to you under this Agreement must be submitted to us in writing within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60 day period, and all such charges will be final and not subject to challenge.

Cancelations

Customers may cancel any service at any time. You agree that until and unless you notify BrightFire of your desire to cancel any or all services received, those services will continue to be billed on a recurring basis. Cancelations must be requested in writing via email or support ticket from an authorized email address.

Pay-Per-Click Advertising services, ad accounts created at Google, Microsoft Advertising, and any other ad networks managed by BrightFire are not transferable. Any remaining advertising fees due to ad networks after cancelation will continue to be the responsibility of the customer. BrightFire’s 30-day money-back guarantee does not cover ad spend at ad networks and is the sole responsibility of the customer.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

BrightFire may terminate your service(s) at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. BrightFire may retain any data and content associated with your service.

Refunds & 30-Day Money-Back Guarantee

There are no refunds on non-standard services; such as custom billable work, premium support, advertising network fees, domain name registrations, or renewal fees. If you have a semi-annual or annual billing cycle and cancel your service, you will receive a prorated refund for the remaining time in the current billing cycle. Customers with monthly billing cycles will not receive a prorated refund.

All refunds will be paid via reversal to the payment method originally charged and may take up to 3 weeks to be processed.

BrightFire offers a 30-day money-back guarantee on all standard services. If you are not completely satisfied with our services within the first 30 days after payment, you will be given a full refund of the purchase amount.

Customers may request the 30-day Money-Back Guarantee once per service, per customer.

Accounts canceled or terminated by BrightFire LLC that are in violation of our Terms of Service (TOS) do not qualify for the 30-day money-back guarantee.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold BrightFire harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BrightFire, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless BrightFire against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with BrightFire; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from BrightFire’s server.

Disclosure to Law Enforcement

BrightFire may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Domain Names

If your domain name is registered with a third-party registrar (ex – Network Solutions, GoDaddy), it is your responsibility to renew that domain name with them. Failure to renew a domain name with a third-party registrar will cause your website to become unavailable.

Domain names that are registered through BrightFire LLC will be managed and renewed by us. Domain name registration and renewals for one domain name are included in the cost of our Insurance Agency Website service as long as you maintain that service with BrightFire. If you need additional domain names registered, you will be charged for the domain registration and renewals by BrightFire LLC. All domain names registered by BrightFire LLC for our customers are registered as a convenience for the customer; therefore, the customer will always be the official owner of the domain.

Domain name transfers away from BrightFire will be processed within 7 business days.

Privacy Guard is also included on all domain registrations and renewals in order to prevent your contact information (telephone and email address) from being collected by spammers or scammers that harvest data from the domain WHOIS database. This service is included in the domain registration fee.

Copyright

All content and graphics on this site are protected by U.S. copyright and international treaties and may not be copied without the express permission of BrightFire LLC, which reserves the rights. Re-use of any of BrightFire’s (www.brightfire.com) content or graphics online for any purpose is strictly prohibited.

Trademarks

BrightFire LLC and BrightFire logos are all trademarks belonging to BrightFire LLC. The look and feel of BrightFire websites are also BrightFire LLC trademarks. This includes brightfire.com’s color combinations, layout, and all other graphical elements.

Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents. This website includes sample content to assist you with drafting correspondence. All statements and/or opinions expressed in the sample content are forms that may or may not be appropriate for your use. It is your responsibility to determine whether sample content is appropriate. We are not responsible, or liable to you or any third party, for the content or accuracy of any sample content you choose to use.

Changes to These Terms of Service

BrightFire reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Service, at any time. Such modifications shall be effective immediately. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of this website following the posting of changes will mean that you accept and agree to the changes.

These Terms of Service were last updated on April 9th, 2024.

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