TERMS OF USE
Effective date: August 3, 2018

Brilliance Financial Technology and its affiliates (collectively, “Brilliance,” “us”, “we”, or “our”) welcome you. We invite you to access and use our website located at http://bxfin.com (the “Site”).

By browsing the public areas or by accessing and using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you do not agree to any of these terms, then please do not use the Site. These Terms of Use may be updated by us from time to time without notice to you.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

  1. COMMUNITY GUIDELINESOur community, like any community, functions best when its users follow a few simple rules. By accessing the Site, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
    • You will comply with all applicable laws in your use of the Site and will not use the Site for any unlawful purpose;
    • You will not “stalk,” threaten, or otherwise harass another person;
    • You will not access or use the Site to collect any market research for a competing business;
    • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • You will not interfere with or attempt to interrupt the proper operation of the Site through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Site through hacking, password or data mining, or any other means;
    • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Site;
    • You will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; and
    • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

    We reserve the right, in our sole and absolute discretion, to deny you access to the Site, without notice.

  2. INTELLECTUAL PROPERTYThe Site contain materials, such as software, text, graphics, images, sound recordings, audiovisual works, case studies, and other documents provided by or on behalf of Brilliance (the “Content”). The Content may be owned by us or our licensors, and is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

    If you violate any part of this Agreement, your permission to access and/or use the Content and the Site automatically terminates and you must immediately destroy copies you have made of the Content.

    The trademarks, service marks, and logos of Brilliance (“Brilliance Trademarks”) used and displayed on the Site are registered and unregistered trademarks service marks of Brilliance. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the “Third-Party Trademarks,” collectively with Brilliance Trademarks, the “Trademarks”). Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment such a link is approved in advance by us in writing. All goodwill generated from the use of Brilliance Trademarks inures to our benefit.

    Elements of the Site are by trade trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.

  3. COMMUNICATIONS WITH USAlthough we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect all e-mails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
  4. NO WARRANTIES; LIMITATION OF LIABILITYTHE SITE, AND ALL CONTENT, FUNCTIONS AND MATERIALS MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FOR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

    IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITE, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITE, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100).

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO

    NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

    THE SITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR OTHER ERRORS LISTED ON OR OMITTED FROM THE SITE. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITE AT ANY TIME WITHOUT NOTICE.

  5. EXTERNAL SITESThe Site may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an by us the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and destructive programs. If you decide to access linked External Sites, you do so at your own risk.
  6. INDEMNIFICATIONYou agree to defend, indemnify, and hold Brilliance and its officers, directors, employees, successors, licensees, and assigns harmless from and against any actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse of the or the Site; or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
  7. COMPLIANCE WITH APPLICABLE LAWSThe Site is based in the United States. We make no claims concerning whether the Site, or the Content may be downloaded, viewed, or be appropriate for use of United States. If you access the Site, or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely for compliance with the laws of your specific jurisdiction.
  8. TERMINATION OF THE AGREEMENTWe reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site, at any time for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
  9. MISCELLANEOUSThis Agreement is governed by the internal substantive laws of the State of Ohio, without respect to its conflict of laws provisions. This section, and the titled “Intellectual Property,” “Communications with Us,” “No Warranties; Limitation of Liability,” “Indemnification,” and “Termination of Agreement” shall survive the termination of this Agreement.

    Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

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