WEB SITE TERMS AND CONDITIONS
Thank you for visiting brilliantshine.com. (The
site at www.brilliantshine.com and all other Web sites
owned or operated by brilliantshine.com, LLC ("HGLLC")
collectively are referred to as the "Site"). The
following terms and conditions ("Terms and
Conditions") govern your access to and use of the
Site (including without limitation your purchase of
products from this Site). By accessing, viewing, or
using the content, material, or services available
on or through this Site, you indicate that you have
read and understand these Terms and Conditions, and
that you agree to them and intend to be legally
bound by them. IF YOU DO NOT AGREE TO THESE TERMS
AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION TO
USE THIS SITE AND SHOULD EXIT IMMEDIATELY.
1. Informational Purposes Only. The information
on this Site is for informational purposes only. No
information, services, or materials offered by or
through this Site shall be construed as or
understood to be medical advice or care. The U.S.
Food and Drug Administration has not reviewed the
safety or effectiveness of any products offered or
noted on this Site, nor any statements made in the
Site. None of the information on this Site shall be
used to diagnose or treat any health problem or
disease. You must consult with a physician, doctor,
or health care provider before taking any product
or using any information on this Site.
2. Children's Protection Policy. CHILDREN UNDER
THE AGE OF 18 MUST EXIT THIS SITE IMMEDIATELY AND
ARE PROHIBITED FROM USING THIS SITE. This Site is
not written, nor is this Site designed, for
children and therefore is unsuitable for their use.
Specifically, and without limitation, articles,
observations, pictures, and discussion board
commentary contained on this Site are not suitable
for children. We urge parents to monitor and guide
their children's use of computers, especially in
regard to the Internet, to prevent children from
visiting inappropriate Web sites or opening
themselves to possible of harm of any kind from
unscrupulous people.
3. Rules for Use of this Site. By accessing or
using the Site or the products or services made
available or offered by or through the Site,
including without limitation the ability to send
anonymous electronic mail messages to others, you -
and anyone and everyone else using the Site through
any username or password issued to you or selected
by you - agree that any and all of the following
are strictly prohibited at all times:
· Posting or transmitting any material,
whether word, image or graphic, that is false,
libelous, threatening, hateful, harmful,
defamatory, harassing, abusive, slanderous,
illegal, indecent, obscene, pornographic, or
embarrassing, or which discloses to any third
person any private or personal matters concerning
any person, all of which shall be determined by
HGLLC in its sole discretion.
· Posting or transmitting material that
infringes the copyright, patent, trade secret,
trademark, or other intellectual property or
proprietary rights of any person.
· Representing or portraying oneself as
someone other than who they actually are, or making
any false, misleading, or misrepresentative
statement.
· Posting, transmitting or displaying any
information about another person without their
consent including, but not limited to, email
address, health condition, or health status, except
to anonymously notify that other person through the
anonymous electronic mail service provided by the
Site that they may have an STD.
· Using the Site or any portion or product or
service offered by or through the Site, including
without limitation any or all public access areas,
in any way that violates local, state, national, or
international law.
· Distributing, reproducing, executing, or
including in any material, information, or data
posted or transmitted, any viruses, Trojan horses,
worms, time bombs, cancelbots, or other computer
programming routines that damage, harm, disrupt,
detrimentally interfere with, surreptitiously
intercept, or expropriate any system, data or
personal information, or that are intended to do
so.
· Allowing, permitting, or causing anyone
other than you to use your user name or
password.
· Sending or transmitting unsolicited bulk
e-mail, "spam," or the same note more than once, or
engaging in or conducting any conduct that
restricts or inhibits any other person from
accessing or using this Site as it is intended.
· Posting, transmitting, or distributing
advertisements, promotions, or solicitations
without the prior written approval of HGLLC.
· Engaging in any activity that, in the sole
judgment of HGLLC, exposes HGLLC, its officers,
directors, employees, agents, principals,
representatives, contractors, successors, assigns,
vendors, customers, proprietors, partners,
shareholders, servants, predecessors, and attorneys
or suppliers ("HGLLC Parties") to any undesirable
actual or potential responsibility or
liability.
At any and all times, you are responsible for
all information, materials, content, and data you
transmit and post on or via the Site. Further,
HGLLC does not monitor, review, or edit any
messages or materials or information posted by its
users, whether via the electronic mail notification
services, the discussion boards, or otherwise.
4. Privacy Statement. HGLLC has a Privacy
Statement disclosing what information we collect
about visitors, how we use such information, and
the steps we take to secure such information. Click
here to view the <Privacy Statement>, which
is incorporated into these Terms and Conditions by
reference, as if set forth fully herein. Please be
advised that the confidentiality of any
communication or material transmitted to HGLLC via
the Site or Internet electronic mail cannot be
guaranteed, including, for example, personal
information such as your address or name.
Alternatively, you may contact HGLLC by telephone
at: Customer Service (9 AM - 5 PM EST / Monday -
Friday) 1-866-475-4424 or Sales and Product
Information (24 Hours / 7 Days) 1-866-475-4424, or
write us at webmaster@brilliantshine.com.
5. Offensive Materials. This Site may contain
health or medical-related materials that you may
find sexually or graphically explicit or otherwise
offensive. Accessing or use of the Site constitutes
acceptance of this risk. The HGLLC Parties have no
control over and accept no responsibility for such
materials.
6. Proprietary Rights. HGLLC owns, licenses, or
uses pursuant to legal authority the data, content,
graphics, forms, artwork, and other material for
this Site (the "Content"), as well as the
selection, coordination, arrangement, and
organization and enhancement of the Content (also,
the "Content") for this Site. Except as indicated,
this Site and Content are owned or licensed by
HGLLC and are Ó 1999-2009 HGLLC and/or third
party licensors. All rights reserved. Any use,
reproduction, or distribution of this Site or
Content without HGLLC's advance written consent is
prohibited, except, however, you may download one
temporary copy of these materials on any single
computer, and you may print one copy of these
materials for your use in learning about,
evaluating, or acquiring HGLLC's or its licensees'
or licensors' services or products. All trademarks,
service marks, and logos appearing on the Site are
proprietary to HGLLC or its licensors. Use or
misuse of these trademarks without HGLLC's advance
written consent is expressly prohibited.
7. Links to Other Sites. This Site may contain
links to other Internet Web sites for the
convenience of users in locating information,
products, or services. These sites and any other
sites operated or maintained by third parties are
operated or maintained by organizations over which
HGLLC exercises no control, and HGLLC expressly
disclaims any and all responsibility for the
Content, links, and other items, the accuracy and
completeness of the information, and the quality of
products or services made available or advertised
on these third-party sites. HGLLC does not control,
endorse, promote, or have any affiliation with any
other Web site.
8. Site Content. This Web site is for your
personal and non-commercial use. You may not frame,
capture, harvest, collect, or create hypertext or
other links or connections to any part of the Site
or Content without HGLLC's advance written consent.
HGLLC is not responsible for any errors or
omissions in the Content or other materials. HGLLC
is not responsible for the accuracy or completeness
of the Content, advertisements, or other items
contained within this Site. HGLLC may make changes
to the Content, this Site, or the products or
services made available in connection with this
Site at any time, with or without notice, and makes
no commitment to update any of these items.
9. EXCEPT FOR OUR REFUND POLICY RELATED TO YOUR
ABILITY TO RETURN UNUSED PORTIONS OF UNSATISFACTORY
PRODUCTS, YOUR USE OF THE SITE AND ANY AND ALL
PRODUCTS PURCHASED VIA OR IN CONNECTION WITH THE
SITE IS SOLELY AT YOUR RISK. WE HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES, AND RESPONSIBILITY,
AND HEREBY MAKE NO REPRESENTATIONS OR WARRANTIES,
WHATSOEVER, EXPRESS AND IMPLIED, WRITTEN AND ORAL,
ARISING FROM COURSE OF PERFORMANCE, USAGE OF TRADE,
COURSE OF DEALING, OR OTHERWISE, WITH REGARD TO THE
SITE, ANY OR ALL PRODUCTS SOLD VIA THE SITE, OR ANY
AND ALL CONTENT, AND EACH AND EVERY ELEMENT
THEREOF, INCLUDING WITHOUT LIMITATION THE
DISCUSSION BOARD, THE ELECTRONIC MAIL NOTIFICATION
SERVICE PROVIDED IN CONNECTION WITH THE SITE, AND
ANY AND ALL MESSAGES OR INFORMATION POSTED OR
TRANSMITTED IN CONNECTION WITH THE DISCUSSION BOARD
OR THE MAIL NOTIFICATION SERVICE, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, QUALITY, SYSTEMS INTEGRATION, ACCURACY, AND
NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,
WE MAKE NO REPRESENTATIONS OR WARRANTIES, AND
HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES,
ABOUT THE TRUTH, SUITABILITY, RELIABILITY,
TIMELINESS, OR ACCURACY OF THE CONTENT (INCLUDING
WITHOUT LIMITATION INFORMATION AND GRAPHICS),
PRODUCTS, OR SERVICES CONTAINED ON THIS SITE FOR
ANY PURPOSE, INCLUDING WITHOUT LIMITATION THE
DELIVERY OR MISDELIVERY OF ANY ELECTRONIC MAIL
NOTIFICATION SENT VIA THE SITE. THE SITE, ANY AND
ALL CONTENT, AND EACH AND EVERY ELEMENT THEREOF,
INCLUDING WITHOUT LIMITATION THE DISCUSSION BOARD,
THE ELECTRONIC MAIL NOTIFICATION SERVICE PROVIDED
IN CONNECTION WITH THE SITE, AND ANY AND ALL
MESSAGES OR INFORMATION POSTED OR TRANSMITTED IN
CONNECTION WITH THE DISCUSSION BOARD OR THE MAIL
NOTIFICATION SERVICE, ARE PROVIDED "AS IS" AND WITH
ALL FAULTS.
IN NO EVENT SHALL WE BE LIABLE TO ANY USER OR
ANY OTHER PERSON FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
EXTRA-CONTRACTUAL, OR EXEMPLARY DAMAGES OF ANY KIND
WHATSOEVER ARISING FROM OR CONNECTED WITH THESE
TERMS AND CONDITIONS, THE SITE OR ANY CONTENT OR
ANY ELEMENT THEREOF (INCLUDING WITHOUT LIMITATIONS
THE INABILITY TO ACCESS THIS SITE OR MISDIRECTED
ELECTRONIC MAIL NOTIFICATIONS), INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, LOST DATA, OR
LOST PROFITS, REGARDLESS OF LEGAL THEORY, EVEN IF
ANY PERSON HAS BEEN ADVISED OF THE POSSIBILITY OR
PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE
REMEDIES OTHERWISE PROVIDED BY THIS AGREEMENT FAIL
OF THEIR ESSENTIAL PURPOSE.
10. IF YOU ARE DISSATISFIED WITH HGLLC'S
PERFORMANCE OR NON-PERFORMANCE OF OBLIGATIONS OR
RESPONSIBILITIES IN CONNECTION WITH THE SITE, THE
SITE AS A WHOLE OR ANY PORTION OR PORTIONS OF THIS
SITE, OR WITH ANYTHING ELSE RELATED TO, CONNECTED
WITH, OR BASED UPON THE SITE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB
SITE. Under no circumstances will the total
liability of HGLLC to you and any and all other
persons in connection with, based upon, or arising
from this Site or any Content or any element
thereof or your use of this Site exceed $100. Some
jurisdictions do not permit the exclusion or
limitation of liability for consequential or
incidental damages, and, as such, some portion of
the above limitation may not apply to you. In such
jurisdictions, our liability is limited to the
greatest extent permitted by law.
11. Indemnification. You shall defend,
indemnify, and hold harmless the HGLLC Parties from
and against any and all suits, actions, claims,
proceedings, damages, settlements, judgments,
awards, settlements, obligations, injuries,
liabilities, losses, risks, costs, and expenses
(including without limitation attorneys' fees and
litigation expenses) relating to or arising from
this Site, the Content, your use of this Site, your
fraud, negligence, violation of law, or willful
misconduct, or any breach by you of these Terms and
Conditions.
12. Use of Services and Product Information.
This Site, including the products displayed on the
Site, is intended solely for the use and benefit of
United States citizens residing in the U.S. The
Site shall not be used to send electronic message
notifications to non-U.S. citizens or to non-U.S.
residents, nor shall the Site be used by non-U.S.
citizens or non-U.S. residents to send electronic
mail notifications. The products displayed on this
Site shall not be ordered from or delivered outside
the United States. The prices displayed on the Site
are quoted in U.S. dollars. Although we have tried
to accurately display the colors of products, the
actual colors you see will depend on your computer
monitor and may depend on other hardware or
software used by you. The display of Content, or
other materials on your monitor may or may not be
accurate.
13. Securities Information. This Site and the
information contained herein do not constitute an
offer or a solicitation of an offer for the
purchase or sale of any securities. This Site may
contain information and press releases about HGLLC,
and although this information was believed to be
accurate as of the date prepared, HGLLC disclaims
any duty or obligation to update such information.
To the extent that any information is deemed to be
a "forward looking statement" as defined in the
rules and regulations of the Securities Act of
1933, as amended, such information is intended to
fit within the "safe harbor" for forward looking
information and is subject to material risk factors
which may or may not be disclosed herein.
14. Use of the Internet. Use of the Internet is
solely at your own risk and is subject to all
applicable local, state, national, and
international laws and regulations. Neither HGLLC
nor its contractors will be liable for any loss
resulting from a cause over which they do not have
direct control, including, but not limited to,
failure of electronic or mechanical equipment or
communication lines, telephone or other
interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe
weather, earthquakes, natural disasters, strikes or
other labor problems, wars, or governmental
restrictions.
15. Changes; Termination. These Terms and
Conditions may be changed by HGLLC at any time,
with or without notice; your continued use of this
Site after any change is made to the Terms and
Conditions signifies your understanding of and
intention and agreement to be bound by such change.
It is your responsibility to monitor these Terms
and Conditions for changes. HGLLC reserves the
right to terminate your access to this Site in the
event that you violate these Terms and Conditions
or for any reason whatever or no reason, with or
without notice.
16. Governing Law and Jurisdiction. These Terms
and Conditions represent the entire agreement
between you and HGLLC with respect to the subject
matter hereof, supersede any and all prior and
contemporaneous written and oral representations,
understandings, and agreements between us, and will
be governed by and construed in accordance with the
laws of the Commonwealth of Pennsylvania without
reference to its conflict of law rules. In the
event of any conflict between these Terms and
Conditions and any statement or omission on the
Site or any products or services connected
therewith, these Terms and Conditions shall govern.
This Site is controlled and operated by HGLLC from
its offices within the United States. The waiver or
failure of HGLLC to exercise in any respect any
right provided hereunder shall not be deemed a
waiver of such right in the future or a waiver of
any of other rights established under these Terms
and Conditions.
Any and all controversies and claims arising out
of or relating to these Terms and Conditions,
including without limitation the breach thereof,
shall be settled by binding arbitration
administered by the American Arbitration
Association in accordance with its Commercial
Arbitration Rules, and judgment on the award
rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. The arbitration
proceedings shall be conducted before a panel of
three (3) neutral arbitrators, all of whom shall be
selected from a panel of persons having experience
with and knowledge of commercial activities
conducted over the Internet, and at least one of
the arbitrators selected will be an attorney.
Except as may be required by law, neither a party
nor an arbitrator may disclose the existence,
content, or results of any arbitration hereunder
without the prior written consent of both
parties.