1. Acceptance of the Terms of Use

DesertXpress Enterprises LLC, dba Brightline West (“Brightline West” “we” or “us”) welcomes you to our website, brightlinewest.com (the “Site”). By using and accessing the Site, you accept and agree to be bound and abide by these terms of use (the “Terms”) and our Privacy Policy.

2. Purpose of this Site

This Site is made available to you solely for informational, noncommercial use; nothing herein constitutes an offer to sell or provide any goods or services.

3. We Reserve the Right to Update and Revise These Terms at Any Time

Things happen quickly here at Brightline West, so we will sometimes review these Terms to make sure they accurately reflect developments in current law and our business operations. We reserve the right to update and revise these Terms at any time in our sole discretion. All changes are effective immediately when we post them and apply to all access to or use of the Site thereafter.

4. Intellectual Property Rights

All of the content that appears on the Site, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the Site, Site, and other materials, are the exclusive property of Brightline West (or have been licensed to Brightline West) and are protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Site and the overall “look and feel” of the Site (collectively the “Marks”) are proprietary to Brightline West. You may not display, reproduce, or otherwise use the content or materials on the Site, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Site. Any unauthorized use of any content or materials on the Site is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Site, please contact us at outreach@brightlinewest.com.

5. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate Brightline West, a Brightline West employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Brightline West or users of the Site, or expose them to liability.

6. Non-Proprietary Treatment of Information You Provide

Any communication you make with Brightline West via this Site will be treated as non-proprietary. Brightline West is free to use any idea, concept or invention created by you and transmitted to it via this Site, notwithstanding any limiting language you may use when transmitting such information. If you do not want Brightline West to use your idea unless it pays you a fee, or agrees to other terms, do not transmit it to Brightline West via this Site.

7. Accessing the Site

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Site, or the entire Site.

8. Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

9. Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of information available on our Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Brightline West, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Brightline West. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

10. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. Links from the Site

If the Site contains links to other sites and resources, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. In addition, the Site may contain links to one or more affiliate websites, including, without limitation, gobrightline.com. We have no control over the contents or privacy practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the websites, including affiliate websites, linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use and the privacy policies in place for such websites.

12. Warranty Disclaimer

THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTLINE WEST DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE OR ANY CONTENT ON THE SITE, WHETHER PROVIDED OR OWNED BY BRIGHTLINE WEST OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, BRIGHTLINE WEST DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRIGHTLINE WEST OR ANYONE REPRESENTING BRIGHTLINE WEST BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SITE OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE OR BRIGHTLINE WEST’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIGHTLINE WEST WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Consent to Electronic Communications

By using the Site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

15. Miscellaneous

These Terms are governed by and must be construed in accordance with the internal laws of the State of Nevada, without regard to any conflicts of laws principles. You and Brightline West hereby submit to the state or federal courts having jurisdiction in and for Clark County, Nevada, as the exclusive venue for any legal actions in relation to the Site, including these Terms. As used in these Terms, the terms “includes” or “including” are terms of enlargement and must not be construed to imply any limitation. The unenforceability, invalidity or illegality of any provision of these Terms will not render the other provisions unenforceable, invalid or illegal. The section headings contained in these Terms are inserted for convenience only and do not affect in any way the meaning or interpretation of these Terms.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Your Comments and Concerns

This website is operated by Brightline West, 8329 W Sunset Road, Suite 150, Las Vegas, NV 89113.

All other feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: outreach@brightlinewest.com.