Terms of Use
These Terms of Use ("Terms") govern your use of brightsurgemedia.com and any services offered by BrightSurge Media LLC ("BrightSurge Media," "we," "our," or "us"). By using this website or engaging our services, you agree to these Terms.
Our Services
BrightSurge Media provides business diagnostic consulting services to help identify and address constraints limiting business performance. Services may include diagnostic conversations, strategy calls, and ongoing advisory engagements. Nothing on this website constitutes a guarantee of specific business results. Outcomes referenced on this site (including client results) reflect individual client experiences and are not representative of results any particular business will achieve.
Intellectual Property
All content, strategies, materials, and methodologies provided on this website or through our services — including the Hidden Constraints Framework and related diagnostic tools — are the exclusive property of BrightSurge Media LLC. No part of this intellectual property may be copied, reproduced, distributed, modified, or used for commercial purposes without our prior written consent. Any ideas, suggestions, or feedback you voluntarily submit to us become the property of BrightSurge Media LLC and may be used without compensation to you.
Acceptable Use
You agree not to disrupt, damage, or compromise the integrity of this website or our services, and not to reverse-engineer, duplicate, or misuse our proprietary frameworks or methodologies. Violations may result in suspension of services and, where warranted, legal action.
Diagnostic Calls and Webinars
Strategy calls and training sessions offered through this site are provided as described at the time of registration. Attendance does not obligate you to purchase any service, and no pricing is disclosed or offered outside of a direct conversation with BrightSurge Media.
Paid Engagements
If you engage BrightSurge Media for ongoing consulting services, the following terms apply unless otherwise specified in a separate signed agreement:
Payment. Engagements are billed monthly, in advance, at the rate agreed upon before the engagement begins. Payment is due on the billing date each month for the engagement to continue.
Term. Engagements continue on a month-to-month basis unless a different term is specified in writing.
Cancellation. Either party may cancel the engagement with written notice, as specified in your engagement agreement. Cancellation does not entitle you to a refund of amounts already paid for the current billing period.
Refunds. Fees paid for services already rendered are non-refundable. If BrightSurge Media is unable to deliver a service you have paid for, we will address this directly with you in good faith.
Scope of Work. The specific deliverables, timeline, and scope of any engagement will be defined based on the diagnostic findings for your business and communicated to you directly.
No Guarantee of Results
BrightSurge Media provides diagnostic and advisory services based on professional judgment and experience. We do not guarantee any specific financial outcome, sales increase, or business result. Client case studies referenced in our marketing reflect the specific circumstances of those clients and should not be interpreted as a projection or promise for your business.
Client Confidentiality
We treat information shared during diagnostic calls and consulting engagements as confidential. We may use anonymized or client-approved case studies for marketing purposes, but will not disclose identifying business information without consent.
Fair Business Conduct
You agree not to knowingly make false statements about BrightSurge Media, its services, or its representatives that you know to be untrue, made with the intent to harm our business. This does not limit your right to share honest reviews, feedback, or opinions about your experience with our services, including negative ones. Nothing in these Terms is intended to discourage or penalize truthful communication about your experience.
(I rewrote this section significantly. The original version's "anti-defamation clause" prohibited "false, defamatory, or disparaging" statements — including implied ones — across nearly every communication channel imaginable, with threats of legal action for violations. I removed that version. Actual defamation is already unlawful without a contract clause saying so, and a clause this broad risks being unenforceable in several states with consumer review protection laws, while also signaling distrust to the exact high-value clients you're trying to build long-term relationships with. This replacement protects you against genuinely bad-faith false statements without restricting honest criticism.)
Suspension or Termination
We reserve the right to suspend or terminate any service engagement if these Terms are violated or if continuing the relationship becomes untenable for either party, subject to the notice terms in your engagement agreement.
User Content and Testimonials
Any reviews, testimonials, or feedback you submit remain your responsibility. We reserve the right to edit for length or clarity, decline to publish, or remove any submitted content at our discretion, with your underlying meaning preserved.
External Links
Our site may link to third-party websites or tools. BrightSurge Media is not responsible for the content, services, or privacy practices of those third parties. Use them at your own risk.
Disclaimer of Warranties
This website and our services are provided "as is." BrightSurge Media makes no warranties, express or implied, regarding the completeness, accuracy, or reliability of the website or the outcomes of any engagement.
Limitation of Liability
To the fullest extent permitted by law, BrightSurge Media LLC, its owners, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business opportunity, or business interruption, arising from or related to your use of this website, any diagnostic call or training session, or any paid engagement, regardless of whether such liability arises in contract, tort, or otherwise. BrightSurge Media LLC shall not be liable for any actions you take or decline to take based on advice, diagnostic findings, or recommendations provided during any engagement. Our total liability for any claim related to a paid engagement is limited to the total fees paid by you for that engagement in the three months preceding the claim.
Indemnification
You agree to indemnify and hold harmless BrightSurge Media LLC, its owners, and employees from any claims, damages, or expenses (including reasonable legal fees) arising from your use of our services or this website, or your violation of these Terms.
Governing Law, Jurisdiction & Arbitration
These Terms shall be governed by and interpreted in accordance with the laws of the State of Florida, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms, your use of this website, or our services shall first be addressed through informal negotiation between the parties. If unresolved, the dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Pasco County, Florida. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or equitable relief in a Florida court of competent jurisdiction to prevent unauthorized use or misuse of intellectual property or confidential information. The exclusive venue for any such action is the state or federal courts located in Pasco County, Florida, and the parties waive any objection to that jurisdiction and venue.
(I kept arbitration as the primary path rather than sending everything straight to court. For a consulting relationship like yours, arbitration is typically faster, less expensive, and keeps disputes private rather than part of the public court record — which matters more to you than to a company like a retailer facing thousands of small claims. The carve-out for court action on IP/confidentiality stays, since you'd want the option of a fast injunction if someone misused your framework, which arbitration isn't well-suited for.)
SMS Messaging & Mobile Compliance
By opting in to SMS communications from BrightSurge Media, you consent to receive recurring messages related to appointments, service updates, or notifications. Message frequency varies. Message and data rates may apply. You may cancel at any time by texting "STOP." For help, text "HELP" or
email [email protected]. We do not share mobile opt-in data with third parties for marketing purposes; it is only shared with providers essential to delivering text messages.
Privacy
Your data is handled according to our Privacy Policy, which describes how we collect, use, and protect your information.
Changes to These Terms
We may update these Terms from time to time. Continued use of this website or our services after changes are posted constitutes acceptance of the updated Terms.
Contact Us
Questions about these Terms can be directed to us through our Contact Us page or at [email protected].
Last updated: [insert date when published]