Terms and Conditions
1. Introduction
Welcome to ShineBrightOC LLC! These terms and conditions outline the rules and regulations for the use of our website and services. By accessing this website and using our services, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website or services.
2. Definitions
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Service: Refers to the services provided by Shine Bright OC, including but not limited to lighting installation.
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Client: Refers to the individual or entity using our services.
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Content: Refers to any text, images, video, audio, software, or other material provided by ShineBrightOC LLC or submitted by the Client.
3. Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website. Your access to and use of this website, as well as all related websites operated by ShineBrightOC LLC (which includes shinebrightoc.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.
3.1 You agree that the Site itself, as well as all content, videos, training materials, products, services, and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing (collectively referred to as the “Content”) are maintained for your personal use and information by ShineBrightOC LLC, (the “Company”) and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials and may be subject to monetary damages and penalties. You may not distribute, modify, transmit, or use the content of the Site or any Content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company.
3.2 All Content, such as text, data, graphics files, videos, sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3.3 All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “ShineBrightOC”, are either the property of or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third-party owner. The Company respects the copyright, trademark, and all other intellectual property rights of others. The Company has the right but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at
info@shinebrightoc.com
Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
3.4 While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
3.5 When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
3.6 If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
3.7 The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system, whether or not password protected, can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
3.8 The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy,
shinebrightoc.com/terms
. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
3.9 NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, AND TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS, AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT THE USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD-PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
3.10 THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example
, your web service provider service, Stripe payment services, your software, and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS, AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION.
3.11 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION, OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
3.12 You agree to indemnify and hold the Company and each of its directors, officers, employees, and agents, harmless from any and all liabilities, claims, damages, and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works, and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
3.13 The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
3.14 This agreement shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Newport Beach, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
3.15 These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
4. Eligibility
By using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract.
5. Services
ShineBrightOC LLC provides various lighting installation services. The specific features and functionalities of our services may vary and are subject to change without notice.
6. Account Registration
To use certain features of our services, you may need to register an account. You agree to provide accurate and complete information during the registration process and to keep this information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
7. Fees and Payment
Fees for our services are outlined on our website or in a separate agreement. All fees are non-refundable unless otherwise stated. Payment must be made in accordance with the terms specified at the time of purchase. Failure to pay fees when due may result in the suspension or termination of your account.
For holiday lighting services, a 30% deposit is required and the remaining balance is due to be paid upon installation.
8. Intellectual Property
All content and materials available on our website and through our services, including but not limited to text, graphics, logos, and software, are the property of ShineBrightOC LLC or its licensors and are protected by applicable intellectual property laws. You may not use, reproduce, or distribute any content from our website or services without our prior written permission.
9. User Content
By submitting any content to ShineBrightOC LLC, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such content in connection with providing our services. You represent and warrant that you have the necessary rights to grant this license and that your content does not violate any third-party rights.
10. Confidentiality
We value your privacy and will take all reasonable steps to protect your confidential information. However, you acknowledge that no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security.
11. Termination
We may terminate or suspend your account and access to our services at any time, with or without cause, and without notice. Upon termination, you must cease all use of our services and delete any copies of content or materials obtained from us.
12. Limitation of Liability
To the maximum extent permitted by law, ShineBrightOC LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use our services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.
13. Data Privacy and Messaging Laws
We are committed to protecting your data privacy. We comply with all relevant data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). For more information, please review our Privacy Policy.
13.1 When you provide your contact information, you consent to receive communications from us, including promotional messages, updates, and information about our services. You can opt-out of receiving these communications at any time by following the instructions in the communication or contacting us directly.
13.2 We take the security of your data seriously and use appropriate technical and organizational measures to protect it. However, no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee absolute security. By using our services, you acknowledge and accept these risks.
13.3 If you believe your privacy rights have been violated, or if you have any concerns about our data practices, please contact us at
info@shinebrightoc.com
14. Home Service Agreements
While reasonable steps shall be taken to work as carefully and diligently as possible, ShineBrightOC LLC, its owners, and employees assume no responsibility for damages to homes or properties or personal injuries prior to, during, or after services.
15. Scheduled Service Dates
Reasonable steps will be taken to ensure services shall be performed on the scheduled dates, but ShineBrightOC LLC reserves the right to change these dates due to unforeseen circumstances and will notify clients in a timely manner regarding necessary rescheduling.
16. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Costa Mesa, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
17. Changes to Terms
We reserve the right to modify these terms and conditions at any time. Any changes will be effective immediately upon posting on our website. Your continued use of our services after any changes constitute your acceptance of the revised terms.
18. Contact Us
If you have any questions or concerns about these terms and conditions, please contact us at
info@shinebrightoc.com
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Last Updated: November 3, 2024