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Terms of Use

By using this Site (as defined below), you are agreeing to these Terms of Use. Please read them carefully. If you have any questions, contact us here.

These Terms of Use were last updated on October 7, 2014.

BrightStreet, LLC (“BrightStreet”, "we", “us” or “our”) owns and operates the website, www.getbluelist.com, mobile applications compatible with iOS and Android, as well as any potential future platforms, and any sites we have now or in the future that reference these Terms of Use (collectively, "Site"). By using the Site and Merchant Offerings (as defined below) through the Site, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, provided herein, and acknowledge that you will regularly visit the Terms of Use to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the "Terms of Use." The term "using" also includes any person or entity that accesses or uses the Site with crawlers, robots, data mining, or extraction tools or any other functionality.

PLEASE DO NOT ACCESS OR USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE BY THE TERMS OF USE.

The Terms of Use are organized as follows:

  1. About the Site
  2. Merchant Content
  3. Ownership of the Site
  4. Use of the Site
  5. Access to the Site
  6. Modification
  7. Your Account
  8. Your Conduct
  9. Copyright and Trademarks
  10. Disclaimers and Limitations of Liability
  11. Electronic Communications
  12. Websites of Others
  13. Indemnification/Release
  14. Assignment
  15. Entire Agreement
  16. Dispute Resolution
  17. Additional Disclosures

1. About the Site

The Site is a platform through which certain merchants (“Merchants”) issue Offers for goods, services or experiences (“Offers”) and make available advertisements and coupon offerings (collectively, “Coupons” and together with Offers, “Merchant Offerings”). Merchants are the issuers of Offers and Coupons. The Merchant is solely responsible for the care and quality of the goods and services it provides.

All Merchant Offerings other available programs and promotions on the Site (“Merchant Content”) may change at any time in BrightStreet’s discretion, without notice.

2. Merchant Content

Merchants are responsible for their respective Merchant Content, and once published, it cannot always be withdrawn. Merchants will be billed upon activation of any Merchant Offering and shall not, under any circumstances, be entitled to the reversal of payment in the event of inadvertent activation. Merchants assume all risks associated with Merchant Content, including anyone's reliance on its quality, accuracy, or reliability. Merchants represents that they own, or have the necessary permissions to use and authorize the use of Merchant Content as described herein. Merchants may not imply that Merchant Content is in any way sponsored or endorsed by BrightStreet. A Merchant may expose itself to liability if, for example, Merchant Content contains material that is false, misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal or inappropriate hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation, or in any other way undertake activities which are intended to harm or adversely affect BrightStreet.

BrightStreet has the right to accept or reject any new Merchant for any reason, including but not limited to geographic location, and to suspend or delete any existing Merchant account for any reason in our sole and absolute discretion.

3. Ownership of the Site

The Site, any content on the Site and the infrastructure used to provide the Site are proprietary to us, our affiliates, Merchants and other content providers. By using the Site and accepting these Terms of Use: (a) BrightStreet grants you a limited, personal, nontransferable, nonexclusive, revocable license to use the Site pursuant to these Terms of Use and to any additional terms and policies set forth by BrightStreet; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell or re-sell any content, software, products or services obtained from or through the Site without the express prior written permission of BrightStreet.

4. Use of the Site

We are under no obligation to enforce the Terms of Use on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Use, we reserve the right to investigate and take appropriate action at our sole and absolute discretion.

As a condition of your use of the Site, you agree that:

  1. You are at least 18 years of age;
  2. You are able to create a binding legal obligation;
  3. You are not barred from receiving products or services under applicable law;
  4. You will not attempt to use the Site with crawlers, robots, data mining, or extraction tools or any other functionality;
  5. Your use of the Site will at all times comply with these Terms of Use;
  6. You will comply with the letter and spirit of the terms of the respective offers;
  7. Consumers (“Consumers”) may only make use of the Offers, Coupons, and other promotions on the Site for their own use and enjoyment or, as a gift for another person;
  8. You have the right to provide any and all information you submit to the Site, the information and all such information is accurate, true, current and complete;
  9. You will update and correct information you have submitted to the Site and ensure that it is accurate at all times; and
  10. You will only take advantage of a Merchant Offering or participate in other available programs through the Site by creating an account on the Site.
  11. Access to the Site

BrightStreet retains the right, at our sole and absolute discretion, to deny service or use of the Site or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Site and your account accessible, the Site and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Site access or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control. Nothing herein shall be deemed a guaranty of continual use and availability of the Site, nor shall BrightStreet have any liability for any alleged damages associated with any discontinued or interrupted use of the Site.

6. Modification

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole and absolute discretion. If we make changes that affect your use of the Site we will generally post notice of the change on the Site. If you have an account on the Site, any changes to these Terms of Use will be effective upon our notice of the changes on the Site; provided that these changes will not apply to Merchant Offerings made prior to the effective date of such changes. If you do not agree to the changes, you may close your account without penalty and you should not use the Site or any programs or promotions offered through the Site after the effective date of the changes. If you do not have an account, any changes will be effective immediately for new and existing users of the Site and for all Offers or Coupons obtained after the effective date of the change. You should revisit our Terms of Use regularly to ensure that you stay informed of any changes. Your use of the Site after we update these Terms of Use will constitute acceptance of the modified Terms of Use.

7. Your Account

You may only create and hold one account on the Site. Furthermore, Merchants must register using its authorized, valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to: (a) save, edit, or delete your personal information, including, without limitation, payment data for Merchants; and (b) opt-out of persistent login. You understand and agree that BrightStreet shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. Merchants shall be responsible for safeguarding payment information and preventing unauthorized use of their accounts. We will assume that anyone using the Site or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including failure to maintain updated and correct information about your account, will cause your account to fall out of good standing and we may cancel your account in our sole discretion. If your account is cancelled, you may forfeit any pending, current, or future forms of unredeemed value in your account. Upon termination, the provisions of these Terms of Use that are by their nature intended to survive termination (e.g., any disclaimers, all limitations of liability and all indemnities) shall survive. We also reserve the right to change or discontinue any aspect or feature of our services or the Site, including, but not limited to, requirements for use. In general, it is our policy not to grant refunds at any time or for any reason. However, we reserve the right to address any applicable refund requests on a case-by-case basis, in our sole and absolute discretion. BrightStreet reserves the right at any time, with or without notice, to change the necessary methods of payment from the Merchant, the amount and frequency of payment from the Merchant, and to change and/or adjust the requirements for payment for services which are currently free, or may be new services on the Site.

8. Your Conduct

All interactions on the Site must comply with these Terms of Use. To the extent your conduct, in our sole and absolute discretion, restricts or inhibits any other user from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies. The following activities are prohibited on the Site and constitute express violations of these Terms of Use:

  1. Attempting to do or actually doing any of the following:
    1. Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;
    2. Scanning or monitoring the Site for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
    3. Scanning or testing the security or configuration of the Site or to breach security or authentication measures; or
    4. Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Site or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Site.
  2. Using any of the following:
    1. Frames, framing techniques, or framing technology to enclose any content included on the Site without our express written permission;
    2. Any Site content in any meta tags or any other “hidden text” techniques or technologies without our express written permission;
    3. The Site or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with BrightStreet; or
    4. The Site or any of its resources to solicit Consumers, Merchants or other third-parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with BrightStreet, including, without limitation, aggregating current or previously offered deals.
  3. Collecting any of the following:
    1. Content from the Site, including, but not limited to, in connection with current or previously offered deals, and featuring such content to Consumers in any manner that diverts traffic from the Site without our express written permission; or
    2. Personal Information (defined in our Privacy Statement) or content of any users or Merchants.
  4. Engaging in any of the following:
    1. Tampering or interfering with the proper functioning of any part, page, or area of the Site or any functions or services provided by BrightStreet;
    2. Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
    3. Reselling or repurposing your access to the Site or any Offers, Coupons, or promotions obtained through the Site;
    4. Exceeding or attempting to exceed quantity limits in relation to Merchant Offerings, or otherwise using any BrightStreet account to access Merchant Offerings for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a specific offer on the Site;
    5. Accessing, monitoring, or copying any content from the Site using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;
    6. Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to the Site;
    7. Aggregating any current or previously-offered deals or content or other information from the Site (whether using links or other technical means or physical records associated with Merchant Offerings made through the Site) with material from other sites or on a secondary site without our express written permission;
    8. Hyperlinking to the Site from any other website without our initial and ongoing consent; or
    9. Acting illegally or maliciously against the business interests or reputation of BrightStreet, our Merchants, or our services.

9. Copyright and Trademarks

The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. BrightStreet owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express prior written permission of BrightStreet or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. BrightStreet does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. You may not use BrightStreet's name, logos, trademarks, or brands without BrightStreet's written permission.

10. Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF BRIGHTSTREET TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF USE, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

  1. THE SITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT BRIGHTSTREET IS UNDER NO OBLIGATION AND MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. BRIGHTSTREET MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, BRIGHTSTREET IS NOT LIABLE TO YOU FOR ANY ALLLEGED LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE MERCHANT OFFERINGS OR OTHER PROMOTIONS OR PROGRAMS MADE AVAILABLE THROUGH THE SITE.
  2. BRIGHTSTREET MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE MERCHANTS LISTED ON THE SITE OR THE SITE'S USERS. ACCORDINGLY, BRIGHTSTREET IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR USE OF OFFERS OR COUPONS OR OTHER PROMOTIONS OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
  3. BRIGHTSTREET EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES PROMOTED BY MERCHANTS LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF BRIGHTSTREET SHALL CREATE A REPRESENTATION OR WARRANTY.
  4. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
  5. BRIGHTSTREET’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS OF USE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO BRIGHTSTREET IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
  6. BRIGHTSTREET DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

11. Electronic Communications

When you use the Site or send emails to BrightStreet, you are communicating with us electronically and consent to receive electronic communications related to your use of the Site. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Site or from which you otherwise email us, whether the email is actually received and read by you or not.

12. Websites of Others

The Site contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, products, or services available on or through any such linked site or resource.

13. Indemnification/Release

You agree to defend, indemnify, and hold harmless BrightStreet, its subsidiaries, and affiliates and their respective directors, officers, employees, and agents, using counsel approved in advance by BrightStreet, from and against all claims and expenses, including attorneys’ fees, arising out of or related to: (a) any Merchant Offerings initiated, set-up or otherwise placed by you through the Site; (b) any use of the Site in violation of these Terms of Use; (c) fraud you commit or your other harmful actions, misconduct or negligence; or (d) your violation of any applicable U.S. or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants, Consumers and other users of the Site. To the extent permitted under applicable laws, you hereby release BrightStreet from any and all claims or liability related to any product or service of a Merchant, any action or inaction by a Merchant and/or Consumer, including but not limited to any harm caused to you by action or inaction of a Merchant and/or Consumer, a Merchant’s or Consumer’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering and any conduct or speech, whether online or offline, of any other third-party.

14. Assignment

You may not assign these Terms of Use, or any rights, benefits or obligations hereunder, by operation of law or otherwise, without the express prior written permission of BrightStreet. Any attempted assignment that does not comply with these Terms of Use shall be null and void. BrightStreet may assign these Terms of Use, in whole or in part, to any third-party in its sole and absolute discretion.

15. Entire Agreement

The Terms of Use constitute the entire agreement and understanding between you and BrightStreet with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and BrightStreet with respect to such subject matter.

16. Dispute Resolution

  1. Binding Arbitration. Except as specifically stated herein, any dispute or claim between you and BrightStreet arising out of, or relating in any way to, the Terms of Use, the Site or your use of the Site, or Merchant Offerings or services offered or distributed through the Site (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court in Los Angeles County, California. By virtue of this Agreement (defined below), you and BrightStreet are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this Section 16(a) or Section 16(d)). The provisions of this Section 16 shall constitute your and BrightStreet’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Agreement”). Any modification to this Agreement shall be in writing and signed by you and BrightStreet. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.
  2. No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.
  3. Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) you agree that any such Dispute may only be instituted in a state or federal court in Los Angeles County, California; (ii) you and BrightStreet irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and BrightStreet agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of California, without regard to principles of conflicts of law, will govern this Agreement and any Disputes; and (iv) you and BrightStreet agree to waive any right to a trial by jury.
  4. Injunctive Relief. Notwithstanding anything to the contrary in this Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates Section 8 (“Your Conduct”) of the Terms of Use.
  5. Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.
  6. Severability. With the exception of Section 16(b) above, if any part of this Section 16 is ruled to be unenforceable, then the balance of this Section 16 shall remain in full effect and construed and enforced as if the portion ruled unenforceable were not contained herein.

17. Additional Disclosures

No waiver by either you or BrightStreet of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Agreement shall continue in full force and effect.

You are contracting with Brightstreet, LLC. Correspondence should be directed to: 5850 Canoga Avenue, Suite 650, Woodland Hills, California 91367.

The provisions of these Terms of Use apply equally to and are for the benefit of BrightStreet, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.