PLEASE READ THESE TERMS OF SERVICE (COLLECTIVELY WITH BRILLIANT PET 2 LLC (“BRILLIANTPAD”, “WE” OR “US”)) "TERMS OF SERVICE") FULLY AND CAREFULLY BEFORE USING HTTPS://WWW.BRILLIANTPAD.COM/ (THE "SITE") AND THE SERVICES, PRODUCTS, FEATURES, CONTENT OR APPLICATIONS OFFERED BY BRILLIANTPAD (TOGETHER WITH THE SITE, THE "SERVICES").THE TERM "YOU" SHALL REFER TO ANY PERSON OR ENTITY WHO VIEWS, USES, ACCESSES, BROWSES OR SUBMITS ANY CONTENT OR MATERIAL TO THE SITE. THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND THE SERVICES, AS WELL AS YOUR LEGAL RIGHTS WITH RESPECT TO THIRD PARTY SERVICES.
1. Acceptance of Terms of Service
a. By using, registering for, or accessing our Products or Services or purchasing or using Third Party Services, you signify your acknowledgement and assent to the terms and conditions of use set forth below. These Terms (together with other user agreements, where applicable) constitute a binding legal agreement between you and BrilliantPad (this “Agreement”). If you do not accept these terms and conditions, do not purchase or use our products or Services or Third-Party Services.
b.By using this Site, you represent and warrant that: (1) all information you submit to us is truthful and accurate; and (2) your use of the Site does not and will not violate any applicable law or regulation. Your use of the Site may be terminated without warning if we believe you are in violation of any of these conditions.
c. By using the Service, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature, and the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature.
d. By providing your telephone number, you are providing express written consent to receive communications from BrilliantPad, (including its affiliates, agents, service providers, and affiliates for the purposes of defined above) for any purpose, including but not limited to marketing various services from both BrilliantPad and companies BrilliantPad has joint marketing agreements with. Additionally, you agree to receive communications from BrilliantPad regarding your any service, and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email or other similar means. Note, regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that BrilliantPad is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent to call as a condition to receive any good or service, in which case you will not provide your phone number.
e. Specific areas or pages of our websites may include additional or different terms relating to the purchase or use of our Products and Services or Third-Party Services. In the event of a conflict between such specific terms and these Terms, the specific terms shall control. The term “you,” as used in these Terms, includes any person or entity who is the owner of the Product and creates an account associated with the Product (“Owner”), as well as any person or entity allowed or authorized to access or use the Owner’s Products and Services (“Authorized Users”). Authorized Users are responsible for their own actions in connection with the Products and Services, but Owner hereby consents to these terms on behalf of all Authorized Users and agrees to be fully responsible for all actions taken by Authorized Users relating to the Owner’s Products, Services and account. As a result, if you are an Owner, you should authorize only those individuals that you trust to access your account, Products, and Services.
f. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer collectively to you personally and to that organization or entity).
g. This Agreement represents the entire understanding relating to your purchase or use of the Products and Services or Third-Party Services and prevails over any prior or contemporaneous, conflicting or additional communications between you and BrilliantPad. All rights not expressly granted herein are reserved by BrilliantPad. However, to the extent your use of a Product or Service involves or is integrated with products or services of affiliated companies, any terms and policies covering those products or services may also apply.
If you are under age 18, you may not, under any circumstances or for any reason, use the Services. You agree that the nature of the Services may require us to collect personally identifiable information of children under age 18 in order to receive the full functionality of the Services, and you consent to such collection, use, and disclosure of such information and you represent and warrant having all the relevant permissions and consents for granting such consent. The right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use (and your authorized users), and not for the use or benefit of any third party.
3. Products, Services, and Specifications
We attempt to ensure that information on the Site is complete, accurate and current. Despite our efforts, information on the Site may occasionally be inaccurate, incomplete or out of date. We make no representation that any information on the Site is accurate, complete and current.Further, all features, specifications, products and prices of products and services described or depicted on the Site, BrilliantPad.com, are subject to change at any time without notice. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Products or Services. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason, in our sole discretion, and without notice.Certain weights, measurements, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable sizes, designs and colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, to the fullest extent allowed by applicable law, without prior notice, to limit the order quantity on any product or service, cancel, or refuse to accept any order, and/or to refuse service to any customer.We also may require verification of information prior to the acceptance and/or shipment of any order.
We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.
4. Access and Use
The design of the Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Site are owned by BrilliantPad, its licensors, or designated third parties, subject to these Terms, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. We own or license all content on this Site. You may not modify the information or materials displayed on or that can be downloaded from the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
BrilliantPad grants you a limited, non-transferable, non-exclusive right to access and make personal and non-commercial use of the Products and Services.This license does not include any right to resell Products or Services, or otherwise make the Products or Services available for third parties.
Privacy and other laws applicable in your jurisdiction may impose certain responsibilities on you and your use of the Products and Services. You agree that it is your responsibility, and not the responsibility of BrilliantPad, to ensure that you comply with any applicable laws when you use the Products and Services, including but not limited to: (1) any laws or regulations relating to the recording or sharing of content, and/or (2) any laws or regulations requiring that notice be given to or that consent be obtained from third parties with respect to your use of the Products or Services (for example, laws or regulations requiring you to display appropriate signage advising others that audio/visual recording is taking place).
If your use of the Services or any Products is prohibited by applicable laws, then you aren’t authorized to use the Services or Products. We can’t and won’t be responsible for your using the Services or any Products in a way that breaks the law.
You may be required to sign up for an account, and select a password and user name (“User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. Also, you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
You represent, warrant, and agree that you will not capture or contribute any Content (as defined below) or otherwise use the Services or Products or interact with the Services or Products in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including us);
Violates any law, ordinance, or regulation, including privacy and other laws referenced above and any applicable export control laws;
Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
Jeopardizes the security of your BrilliantPad account or anyone else’s (such as allowing someone else to log in to the Services as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); or
Copies or stores any significant portion of the Content.
A violation of any of the foregoing is grounds for termination of your right to use or access the Products and Services.
a.Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, software, algorithms, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, that all User Content provided by you is accurate, complete, up-to-date, and in compliance with any and all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
c. Notices and Restrictions. The Services may contain Content provided by us, our partners or our users that is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, sub-licensable and transferable license to use, process, store, edit, modify, truncate, aggregate, reproduce, transfer, modify, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the App and the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site, the App or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. We reserve the right, to use certain metrics and Content (which, for clarity, do not include personal data, but instead may include photos of waste, photos of pets, information collected from the device regarding a pet’s movement on the device) for research purposes.
e. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.You agree that you will indemnify BrilliantPad for all claims and resulting from Content you share through our Services.If you see Content that you believe violates our Terms, please flag it in our mobile application or report it to us by emailing info@BrilliantPad.com.
f. Backups. We strongly suggest that you backup any important Content (for example, by downloading and locally saving any such Content). You are solely responsible to backup your Content to another location outside the Services to avoid loss of your Content and other data.
6. Promotional Trial and Subscriptions
Promotional Trials. We sometimes offer certain customers various trial or other promotional subscriptions to receive BrilliantPad Rolls or App features, which are subject to these Terms except as otherwise stated in the promotional offers. Trial subscribers may at any time choose not to continue to a paid subscription at the end of the trial period.
Paid Subscriptions. When you first set up your Product through the Services, or at any time after you begin using your Product, you may enjoy our BrilliantPad Roll Subscription by enrolling in our subscription plan, which will continue until you or we cancel your subscription. These subscription plans entitle you to a subscription for BrilliantPad Rolls for each payment period until such subscription is cancelled. Your paid subscription will automatically commence immediately, or on the first day following the end of your applicable trial period, if you purchased your subscription on brilliantpad.com.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR BRILLIANTPAD ROLL SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE BRILLIANTPAD OR ITS AFFILIATES (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEES AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT METHOD WE OR OUR AFFILIATES HAVE ON RECORD FOR YOU.
Subscription fees are billed or charged on the first day of the applicable subscription period. If any payment is not received, is returned unpaid, or if any credit card or similar transaction is rejected or denied, BrilliantPad and its affiliates reserve the right to cancel your BrilliantPad Roll Subscription unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
To the extent applicable, if you choose to pay by direct debit, you agree that we may take the charge as early as the first day of the applicable subscription period. If you enroll for a paid subscription on or after the expiry of your free trial, we may take charge on the same day as you enroll. We will confirm the mandate by email once you have enrolled and will give you advance notice of future charges after the initial charge.
Cancellation of Subscription Services. To cancel, or for more information about canceling your BrilliantPad Roll Subscription, please login to your Account on brilliantpad.com or submit a request to support@BrilliantPad.com.
7. Videos, Content, and Permission From You
BrilliantPad does not claim ownership of your intellectual property rights in your Content. Other than the rights you grant to us under these Terms, you retain all rights you have in your Content.
However, by purchasing or using our Products and Services, you give BrilliantPad the right, without any compensation or obligation to you, to access and use your Content for the limited purposes of providing Services to you, protecting you, improving our Products and Services, developing new Products and Services.
Additionally, by electing to publicly share your Content via our Services to other users or the general public, in addition to the license granted above, you give BrilliantPad the right, without any compensation or obligation to you, to access and use your Content and related location information for the purposes of publicly sharing such recordings and information with current and future users and allowing those users to comment on the Content.
In addition to the rights granted above, you also acknowledge and agree that BrilliantPad may access, use, preserve and/or disclose your Content to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if we have a good faith belief that such access, use, preservation or disclosure is reasonably necessary to:
a. comply with applicable law, regulation, legal process or reasonable governmental request;
b. enforce these Terms, including investigation of any potential violation thereof;
c. detect, prevent or otherwise address security, fraud or technical issues; or
d. protect the rights, property or safety of BrilliantPad, its users, a third party, or the public as required or permitted by law.
Deleted Content and User Recordings may be stored by BrilliantPad in order to comply with certain legal obligations and are not retrievable without a valid court order.
Certain trademarks, trade names, service marks, and logos used or displayed on the Site are registered and unregistered trademarks, trade names and service marks of BrilliantPad and its affiliates and subsidiaries. Other trademarks, trade names, and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names, and service marks of their respective owners.Nothing contained on the Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Site.BrilliantPad expressly forbids the unauthorized use of its logos, trademarks or other graphics to create links. All registered trademarks are registered in the United States of America (and/or other applicable jurisdictions).
9. Linking to the Site
Creating or maintaining any link from another Site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another Site without our prior written permission is prohibited. Any permitted links to the Site must comply will all applicable laws, rules, and regulations.
10. Third Party Links
You may be allowed to access or acquire third party products, websites, applications, content or services from third parties (“Third Party Services”) through our Services. A description or reference to any Third-Party Service by or through our Services (including any description or reference via hyperlink) does not imply endorsement by BrilliantPad of such Third Party Service. These Third-Party Services are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. BrilliantPad has no control over the content or policies of such Third-Party Services, and we are not responsible for (and under no circumstances shall we be liable for) the contents, accuracy, reliability, quality or security of any such Third Party Service. Third Party Services may be subject to their own warranties, terms of service, and privacy policies. You may be required to agree to those third-party terms to use the Third Party Services. Please review all information about Third Party Services before purchasing them through BrilliantPad. Those who choose to access information provided by third parties (including any information obtained through our Services) are solely responsible for the compliance of such information with any applicable law, and do so entirely at their own risk.
11. Software Updates
From time to time, BrilliantPad may develop updates, upgrades, patches and other modifications to improve the performance of the Services and/or the Products or for other reasons in our sole discretion (“Updates”). You agree that BrilliantPad may automatically install such Updates without providing any additional notice to you or receiving any additional consent from you.
12. Products and Software
Downloading or using our software (including our mobile application) does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with these Terms. Our software is copyrighted by BrilliantPad or its licensor(s), and may be protected by one or more patents owned by BrilliantPad or its licensor(s). Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble or otherwise reverse engineer the software. Products and Services offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software. These Terms apply to your use of all the Products and Services, including software that may be downloaded to your smartphone or tablet to access the Services (the “Application”). The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Products and Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Products and Services. You will only use the Application in connection with a device that you own or control. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Transfer and Storage
14. No Safety, Diagnosis
You acknowledge that the Products and Services are not intended to be 100% reliable and notifications and information provided by the Service are not a substitute for veterinary care nor should be construed as medical diagnoses.We cannot and do not guarantee that you will receive notifications in any given timeframe or at all.All pet health questions or concerns should be directed to a veterinary professional.
15. User Information
BrilliantPad is pleased to hear from its customers. Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Site or Service in any manner ("User Communications") is and will be considered non-confidential and non-proprietary, and shall remain the property of BrilliantPad. If you send us such communications, we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such communications.We and our respective affiliates and subsidiaries and our or their designees may use, for any purpose whatsoever, any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications.By submitting communications to us through our websites, via e-mail, or by any means, you hereby RELEASE BrilliantPad from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any such communications. By uploading or otherwise providing any communications to our websites or to BrilliantPad, you hereby grant BrilliantPad, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such communications for any purpose and in any media without compensation to you. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.
16. Shipping Limitations
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
a. Risk of Loss. All purchases of physical items from BrilliantPad are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
b. Return Policy.If, for any reason, you decide to return Product that you purchased from us for a refund, you must notify us and return the Product to us within thirty (30) days from the date the Product was delivered.Returns may be subject to a 10% restocking fee. Items purchased at brilliantpad.com between November 1 and December 31, may be returned through January 31 of the immediately following year. BrilliantPad does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, BrilliantPad does not take title to the refunded item. For more information about our returns and refunds, please see theReturn Policy.
c. Order Limits / End-User Customers Only. BrilliantPad reserves the right, in its sole discretion, to refuse or cancel any order and limit order quantity.BrilliantPad may also require additional qualifying information prior to accepting or processing any order. Brilliantpad.com sells products to end-user customers only, and we reserve the right to refuse or cancel your order if we suspect you are purchasing products for resale.
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS (INCLUDING TRAINING MATERIALS) AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BRILLIANTPAD NOR ANY OF ITS RESPECTIVE AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND BRILLIANTPAD NOR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO OUR LIMITED WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BRILLIANTPAD HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
19. EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRILLIANTPAD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, THE PRODUCTS, OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
20. LIMITATIONS OF LIABILITY
BrilliantPad assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Site, or your downloading of any information or materials from the Site.
YOU USE THE PRODUCTS AND SERVICES AT YOUR OWN RISK. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU AGREE TO HOLD BRILLIANTPAD HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON YOUR USE OF THE PRODUCT OR SERVICES, INCLUDING CLAIMS FOR LOST DATA OR CONTENT, WORK DELAYS, WRONGFUL OR NEGLIGENT INJURY OR DEATH OF A PET, OR LOST PROFITS RESULTING FROM YOUR USE OF THE PRODUCT OR SERVICES.
IN NO EVENT WILL BRILLIANTPAD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PRODUCTS OR SERVICES AT ISSUE WITHIN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. BRILLIANTPAD DISCLAIMS ALL LIABILITY OF ANY KIND OF BRILLIANTPAD’S LICENSORS AND SUPPLIERS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL BRILLIANTPAD BE LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH USE OF OR EXPOSURE TO ANY CONTENT POSTED, EMAILED, ACCESSED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
21. Revisions to these Terms and Conditions.
These Terms and Conditions may be revised at any time and from time to time by updating this posting. If we make changes to these Terms that we consider material, we will make reasonable efforts to notify you by placing a notice on the brilliantpad.com website, notifying you through the Services, by sending you an email, or by some other means. By continuing to use our Products and Services after such changes, you are expressing your acknowledgement and acceptance of the changes.You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Site.
22. Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and BrilliantPad to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the state of Illinois, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions will be admissible in any proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
24. Arbitration and Class Action Waiver
a. PLEASE READ THIS SECTION CAREFULLY - IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND BRILLIANTPAD CAN BRING CLAIMS AGAINST EACH OTHER.THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND BRILLIANTPAD TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.THIS MEANS THAT YOU WILL NOT BE ABLE TO BRING A CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT IN A COURT OF LAW BEFORE A JUDGE OR JURY CONCERNING ANY DISPUTE THAT MAY ARISE WHICH IS COVERED BY THE ARBITRATION AGREEMENT AND ARE INSTEAD AGREEING TO SUBMIT ANY SUCH DISPUTE SOLELY ON YOUR OWN BEHALF TO AN IMPARTIAL ARBITRATOR.
c. To initiate arbitration, the party desiring to pursue a legal dispute must prepare a written demand setting forth the claim(s) and deliver the written demand within the applicable statute of limitations period by hand or first class mail to the representatives of the other party.You and BrilliantPad agree that the arbitration shall be administered by American Arbitration Association (“AAA”) before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.Except to the extent that they are modified by the rules below, if You are an individual person, the AAA Consumer Arbitration Rules that are in effect at the time of the filing of the demand (and that are available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) will apply.
d. The parties agree that the applicable AAA rules are modified as follows:
•Any arbitrator must be neutral as to all parties.Standards for the recusal of an arbitrator shall be the same standards under which trial judges are recused under Minnesota state law.
•No party is entitled to its attorneys’ fees, except as may be awarded in a matter authorized by and consistent with applicable law.
•All discovery shall be subject to any and all objections available under FRCP 26(b).Each party shall avoid broad or widespread collection, search, and production of documents, including electronically stored information (“ESI”).If a compelling need is demonstrated by the requesting party, the production shall: (i) be narrowly tailored in scope; (ii) only come from sources that are reasonably accessible without undue burden or cost; and (iii) be produced in a searchable format, if possible without undue burden or cost, and which is usable by the receiving party and convenient and economical for the producing party.Where the costs and burdens of the requested discovery outweigh its likely benefit, considering the needs of the case, the amount in controversy, and the importance of the discovery in resolving the issues, the arbitrator shall deny such requests or order production on condition that the requesting party advance to the producing party the reasonable costs involved in making the production, subject to the allocation of costs in the final award.
•The arbitrator shall have the authority to award the same damages and other relief that would have been available in court pursuant to the law governing the dispute(s).
•Either party shall have the right to file motions to dismiss and motions for summary judgment/adjudication.
•The arbitrator shall have the authority to issue an award or partial award without conducting a hearing on the grounds that there is no claim on which relief can be granted or that there is no genuine issue of material fact to resolve at a hearing.
•The Federal Rules of Evidence shall apply to all arbitration proceedings.
•The arbitrator must issue a decision in writing, setting forth in summary form the reasons for the arbitrator’s determination and the legal basis therefor.
•The arbitrator’s authority shall be limited to deciding the case submitted by the parties to the arbitration.Therefore, no decision by any arbitrator shall serve as precedent in other arbitrations except to preclude the same claim from being re-arbitrated between the same parties.
•The parties may settle any dispute on a mutual basis without involvement of the arbitrator.
•You will pay the first $250, and BrilliantPad will pay all other filing, administrative, or hearing fees.If BrilliantPad initiates arbitration, BrilliantPad will pay all filing, administrative, and hearing fees.Regardless of which party initiates arbitration, You will remain responsible for Your attorneys’ fees and costs unless the law governing the Covered Claim provides for an award of attorneys’ fees and costs and the arbitrator determines as part of the arbitration award that You may recover a certain amount of attorneys’ fees and costs.
25. Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, or are having difficulty requesting cancellation of your BrilliantPad Roll subscription, we invite you to contact our Customer Service Department by e-mailing email@example.com calling (312) 348-7915.