TERMS AND CONDITIONS


Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from or accessing Bright Lines / www.brightlinesdesign.com and its sub-domains, affiliated sites and social media pages and accounts of Bright Lines on Facebook, LinkedIn, Instagram, and Pinterest. (“Site” / “Sites”).

The Sites and all of the audio, visual and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from Bright Lines / Francesca Poggi, email lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools  (“Contents, Services, and/or Products”) are owned by Bright Lines / Francesca Poggi (“We”, “Us” Our”).

These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.


YOUR CONSENT

By using, visiting, viewing, downloading, purchasing and/or accessing our Contents, Services, and/or Products, you are consenting and agreeing to be bound by these Terms.

You further warrant and acknowledge to reading these Terms or at the very least, had the opportunity to read them and chose not to do so.

You represent and warrant that you are at least 18 years of age. 

If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing or accessing any of our Contents, Services and/or Products.


RULES THAT APPLY TO OUR SITES

When you use, visit, view, download, purchase from and/or access our Sites, you agree:

Not to harm, stalk, defame, threaten, offend, harass, abuse or violate the privacy or legal rights of another person through or on our Sites.  

Not to post, upload distribute, publish or disseminate any names, materials or information that is considered inappropriate, defamatory, obscene, unlawful or indecent.

Not to use our site in any way that will cause damage to us, our Site, or any of our users.

Not to send unsolicited emails to our users.

Not to transmit or post any unwanted or unsolicited content for the purpose of promoting or selling your products or services.

Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.

Not to transmit, share, download, copy or post any content that infringes our intellectual property rights and that of other persons.

Not to use any of our Content, Services and/or Products to violate any laws or regulations.

We reserve the right to disclose any materials you posted or information you provided in our Sites, in order to comply with any legal or governmental requests.


PERSONAL INFORMATION

In order to download or purchase our Contents, Services and/or Products, you may be required to provide personal information about yourself including but not limited to your name, email address, billing address, payment details and other personal information. Any identifiable information that you provide us is governed by our Privacy Policy which you can access here.

You agree to give only your own complete, accurate, correct and up to date information.

You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing and/or accessing our Sites.

While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. When you transmit any personal information, you do so at your own risk.


DISCLAIMERS

This Disclaimer applies to www.brightlinesdesign.com and its sub-domains, affiliated sites and Bright Lines’ pages and accounts on Facebook, LinkedIn, Instagram, and Pinterest. (“Website”/”Site”/’Websites”/”Sites”).

These Sites and Bright Lines are owned by Francesca Poggi (“I”/ “We”/“Us”/“Our”).

It covers all of the audio, visual and written resources and information contained in the Sites, including but not limited to blog posts, designs, documents, e-mails received from Bright Lines and Francesca Poggi, email lists and sequences, programs, courses, products, graphic design services, templates, guides, e-books, workbooks, website materials, and tools  (“Contents, Services and/or Products”).

If you are a User, Visitor, Viewer, Subscriber, Client, and/or Customer of our Sites (“User”, “You”, and/or “Your”), read this Disclaimer in its entirety before using, viewing, downloading, purchasing from or accessing our Site, Contents, Services, and/or Products.

By using, viewing, subscribing to, downloading from, purchasing from or accessing our Site, Contents, Services, and/or Products, you consent to this Disclaimer and agree that you have read and understood it.

If you do not accept, please do not access our Sites.


Our Content are solely for Educational and Informational Purposes Only

The Contents, Services and/or Products stated in the Sites are of general nature and are not intended to be personalized financial/medical/legal advice.  All information and/or resources we share and provide are intended for private use and solely for informational and educational purposes only. 

The Contents, Services and/or Products provided in or through our Sites pertaining to you, your business, career or any aspect of your life is not intended to be a substitute for a professional advice. 

If you want a personalized advice specific to your situation, consider seeking the advice from a qualified professional in your locality or a professional that suits your individual circumstances. 


We do not guarantee any specific Results

While we make every effort to ensure that we accurately represent our Contents, Services and/or Products, and the value they provide, there is no guarantee that you will achieve specific results by following the techniques, ideas, tips or strategies in our Contents, Services and/or Products.

Your level of success in attaining the results claimed depends on several factors such as your background dedication, your skills, motivation, level of effort and commitment.

What we presented in our Site are examples of exceptional results. There is no guarantee that employing our techniques, ideas, tips or strategies, Contents, Services and/or Products will yield the same results.

We cannot be responsible for your own actions. You should use your own due diligence when you use our Contents, Services and/or Products.


We do not guarantee earnings or income.

While we make every effort to ensure that we accurately represent all Contents, Services and/or Products, and the value they provide, income and earnings statements made by us and our advertisers, sponsors or affiliates are nothing but estimates of what a client can possibly earn.  There is no guarantee that you will make these levels of income and you further accept the risk that earnings and income results will differ by individuals.

Building a business, whether online, offline, passive or active takes time and effort.  We cannot guarantee success because success and results will depend on your background dedication, your skills, motivation, level of effort and market factors.

What we presented in our Site are examples of exceptional results. There is no guarantee that employing our techniques, strategies, ideas, products and services will yield the same results.

Every business is different. We cannot be responsible for your own business decisions.

You should use your own due diligence when you use our Contents, Services and/or Products.


Testimonials, Feedback and Positive Reviews are but examples

The testimonials, reviews, opinions, and statements presented on our Sites are applicable to the individuals depicted. They are but examples and there is no guarantee that you will achieve the same results achieved by other Users. 

We do not claim that they are typical results that Users generally achieve.  The testimonials are not necessarily representative of all those who use our Contents, Services and/or Products.

The testimonials displayed are given verbatim, except for correction of grammatical or typographical errors. Some have been shortened in the event that the testimonial is lengthy, or if the entire testimonial did not seem relevant for the general public.


Fair Use Notice

We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching and research.

We do not own all our Contents and it is possible that we used content that are owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.

If you wish to use copyrighted material from our Site for purposes of your own, beyond “fair use”, you must obtain permission from us or the copyright owner.


Opinions that you find on our Site are those of the authors

The views and opinions expressed on our Site are those of the authors and do not necessarily reflect the official policy or position of Bright Lines and Francesca Poggi. Any content provided by our guest bloggers, authors or speakers are their opinion.

Our views or opinions in our Site are personal and do not reflect the ideas, ideologies, or points of view of any organization we may be affiliated with, in professional or personal capacity, unless explicitly stated.

Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company or individual.

We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.

We will not be liable for losses, injuries, or damages from the display or use of these opinions.


We do not guarantee or warrant any of our Contents, Services and/or Products

While every effort is made by Us to ensure that accurate information is disseminated in our Sites, we make no representation about the Contents, Services and/or Products and their suitability to any and every purpose.

Our Contents, Services and/or Products are provided “as is” and without express or implied warrant.

Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose, and all warranties arising from course of performance, course or dealing or usage in trade.

We do not warrant that the Contents, Services and/or Products we provide are complete, reliable, current or error free. Neither do we warrant the accuracy, completeness or reliability of any Third-Party Links or services that you may find on our Sites. Any reliance you place on said Links, Contents, Services and/or Products is therefore strictly at your own risk.


You alone are Personally Responsible for your Actions

You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from or accessed our Sites, Contents, Services and/or Products.  You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Sites.


You agree that we are not liable to you or any third party

To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims, arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents, Services, and/or Products, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.

You hereby release, forgive, forever discharge Bright Lines, our employees, agents, contracts and subcontracts, from any and all claims including those related to personal or business interruptions, misapplication or information.

You agree that your sole remedy with respect to any claim arising out of your use of our Sites, Contents, Services, and/or Products is to cease using them.


CUSTOMER’S RESPONSIBILITY FOR ORDERS PLACED

You are solely responsible for the accuracy of any order, including with respect to specification, configuration or other requirements.  You warrant that the information that you provide us is accurate and you further acknowledge that failure to provide complete, accurate and true information or instructions may detrimentally affect our ability to discharge our obligations.


CATALOG AND SPECIFICATIONS ARE NOT CONSIDERED OFFERS

Any catalog, specification, price sheet or other similar documentation prepared by us is strictly for convenience and will not be deemed as an Offer. All product photos in our website are only examples.  The finished product may differ from the photos you see in our website.


INTELLECTUAL PROPERTY

The Site, Contents, Services, and Products and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets and proprietary information,  accessible on or through www.brightlinesdesign.com, any third-party websites we may use to distribute or host our Sites, Contents, Services, and Products, as well as emails we send to you, are owned by us and are protected by copyright, trademark and other intellectual property laws.

Our name, the course, service and product names, logos, designs, taglines and slogans are our trademarks which you cannot use without our written permission. 

By using, visiting, viewing, downloading, purchasing and / accessing any of our Content, Services, and Products, you do not gain any right, title or interest in the said intellectual property, unless we otherwise grant you rights through a prior written authorization.

Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, dissemination of any of our Contents, Services, or Products, shall be prosecuted to the fullest extent of the law.


LIMITED RIGHTS GRANTED TO YOU

When you purchase and/or download any of our Content, Services, or Products, you are only granted a non-exclusive, non-transferable, limited and revocable license that cover personal use.

Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish or otherwise, disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, create derivative works of any of our Content, Services, or Products.  

Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.


CONTENT SHARING

You may share our Content found in our Sites only after requesting and receiving a written authorization from us. You can direct your request at [email protected].

Permission shall be conditioned on your agreement to abide by the following terms:

Unauthorized use

In the event that you use any of our Contents, Services, and/or Products without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid for our Services, and/or Products, or a minimum of CHF 3,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.


Piracy

In case you violate or threatened to violate any of our intellectual property rights, titles or interests through acts such as, but not limited pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, Services or Products, you agree to indemnify, pay and transfer to us any and all the earnings you gained or will gain through such violations, acts or negligence. 

You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles or interests.

You likewise agree to indemnify us in case through your acts or negligence, another person is able to make use, disseminate, distribute or share our Contents, Services, and/or Products, or engage in any act that violates our intellectual property rights, title or interests.

You recognize that any violation or threatened violation of our Intellectual Property Rights, titles or interests would cause irreparable injury to our business and reputation which may not be adequately compensated by damages. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond, in addition to other legal remedies that we may pursue.


PAYMENT TERMS

When you Download or Purchase any of our Services, and/or Products, you may use Twint, Paypal, Stripe, transfer to bank account.

You give us permission to automatically charge your credit card for payment and you will receive your receipt via email following your Purchase. This receipt should be retained for your records.

In case your payment method is declined, we will give you a grace period of 7 days to settle your account.  After which, you will automatically lose access to any of our Services, or Products you purchased, without refund of payments already made. The total or full cost of your Purchase is still due, and you remain responsible in settling it despite your payment method being declined.

We do not entertain, tolerate or accept any type of chargeback threat or actual chargeback from your credit card company placed on your purchase or download of any of our Services, and/or Products. 

Should request for a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or to any other entity for inclusion in any chargeback or delinquent account database. 

You understand that our report which includes your name, e-mail address and billing address, could negatively impact your credit score/credit report.

You can only have the report removed by contacting us at [email protected] and arranging for the payment of any outstanding payment.  


No refunds

Due to the nature of our Services, and Products, you agree that all sales are final. You agree and understand that no refunds shall be issued, for whatever reason. If you have concerns or if there is anything we can do to ensure your satisfaction, please email Francesca Poggi at [email protected].


DELIVERY OF PRODUCTS

You shall note any damage to our Products caused in transit or shortages thereto, within five (5) days after receipt of the products.  All products delivered under these terms will be deemed accepted by you as confirming to these Terms and you will have no right to revoke any acceptance unless you provide us a notice of a claimed non-conformity within five (5) from the date of delivery.

Notwithstanding the foregoing, if you used our Product after delivery, such will constitute acceptance of our Product.

We will, within reasonable time, respond and correct nonconformities through, repair, replacement or by delivering missing products. However, no request for refund will be entertained.

We reserve the right to change designs, materials, fit and finish

We reserve the right to make changes to the design, materials, fit and finish of our Products provided that such changes do not materially affect the functionality of the Product you ordered.


Delays due your fault

In the event of delay or interruption of delivery of Products for reasons attributable to you, our timelines for performance will be amended accordingly. We are entitled to additional increased costs and reasonable compensation for damages and/or costs incurred by such delay.


Force Majeure

We will not be liable for any breach resulting from a Force Majeure event. If a Force Majeure event occurs, our performance will be suspended for a period of such Force Majeure.  “Force Majeure” means any circumstance or occurrence beyond our reasonable control, whether or not foreseeable at the time these Terms were entered into, as a result of which, we cannot reasonably perform or execute our obligations, including, without limitations, acts of God, natural catastrophes, extreme weather conditions, strikes, lock-outs, terrorism, political and civil unrests, sabotage, industry-wide shortages, plant breakdowns, loss of electricity supply, cyber attacks or non-performance of our suppliers or any third parties on which we rely to perform our obligations. 

In the event that Force Majeure event extends for a period of three (3) consecutive months, we are entitled to cancel all or any part of these Terms, without liability towards you.


You will be responsible in clearing your ordered Products

Some of our transactions may be subject to export or import control laws and regulations. In the event that any of our Products are otherwise prohibited or restricted under Export Regulations in your country, we, in our sole discretion, suspend or terminate our obligations without incurring any liability.

In the event that our Products need to go through your country’s customs, it is your responsibility to clear them.


TERMINATION

In case you abuse, breach or violate any of these Terms, our Privacy Policy and any other terms to which you agreed to with us, we will terminate your use or access to our Sites, Services, and/or Products, without refund, at our sole discretion and without the need to notify you.

We will not be responsible for any claims, damage or liability you may suffer arising from or in connection with such exclusion or discontinuance.


ASSIGNMENT OF RIGHTS

You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify or wait for your consent. You are however not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.


ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Bright Lines / Francesca Poggi pertaining to our Sites, Contents, Services, and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals and understandings between us. 


SEVERABILITY

In case any provisions of these Terms are held invalid, illegal or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal or unenforceable shall be changed or interpreted so as to best accomplish the objectives and purpose of the whole provision and/or these Terms.


COMPLAINTS AND ARBITRATION CLAUSE

If you have any complaints or grievance, contact us first at [email protected] so that both parties can resolve the dispute to our mutual satisfaction as quickly and effectively as possible.

In case we are unable to amicably resolve the dispute, you agree to submit it to a binding arbitration with the Swiss Arbitration Centre, before an arbitrator that is mutually agreed upon, in accordance with the Rules of the Swiss Arbitration Centre. You understand that this will costs additional fees which you will shoulder.

You hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.  In the event that an arbitration hearing is needed, it shall be held in English or Italian.

Any award or judgment that is issued by the arbitrator shall be binding.  The only award that can be issued to you is a refund of any payment made to us for the particular Service, Course or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive or otherwise.


CHANGES TO THESE TERMS

We reserve the right to update, replace, or change any part/s of these Terms without having to personally notify you. It is your responsibility to check these changes and to update yourself.  

Any new Content, Services, and/or Products we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.


CONSENT TO GOVERNING LAW AND JURISDICTION

These Terms, claims or disputes arising out of it shall be governed by the laws of Switzerland.

If you have any questions or concerns regarding these Terms and Conditions, please contact us: [email protected] 

Updated 11 March 2022.