Terms of Service
feel brilliant (brilliant) welcomes you to its site, feelbrilliant.com, the gateway to improving your wellness. When you create an account with brilliant, or access or use brilliant’s site in any way, you agree to abide by the following Terms of Service, including brilliant’s Privacy Policy, which constitute a legally binding agreement between you as a user and brilliant. brilliant reserves the right to revise, supplement, or otherwise update these Terms of Service at its discretion. Users are encouraged to review the Terms of Service regularly so that they are up to date on the latest terms and conditions applicable to the site. Users who continue to access or use brilliant’s site after an update has been made to its Terms of Service agree to abide by the updated terms and conditions.
General
This Site belongs to feel brilliant of 826 E State Rd., Suite 200, American Fork, UT 84003. brilliant reserves the right to alter its site, and any services or products offered through the site, at brilliant’s sole discretion. brilliant shall not be liable if all or any part of the site is unavailable at any time for any reason. You consent in advance to brilliant’s termination, suspension, or discontinuation of any feature of the site at any time.
Failure by brilliant to enforce any provision in this Terms of Service shall not be construed as a waiver of any scope. Any waiver from brilliant must be confirmed in writing, signed by an authorized representative of brilliant, and any such waiver will be limited to the relevant matter. If any provision of the Terms of Service is held to be invalid, illegal or unenforceable for any reason, the remainder of the Terms of Service will continue in full force and effect. Any invalid provision shall be construed in accordance with the original intent of the parties to the maximum extent permitted by law and to the extent possible, and to whatever extent not possible, shall be severable from the Terms of Service. Headings used in the Terms of Service are for convince in navigation only and do not define or limit the scope of these Terms of Service. As used in the Terms of Service, the word “including” and words of similar import means “including, without limitation.”
14-Day Trial Package Terms & Conditions
This trial program offers users a 14-day trial package of Brilliant Connect™. Unless canceled by logging into your account on www.feelbrilliant.com, contacting Brilliant Customer Care via email at support@feelbrilliant.com or phone at (888) 398-3895, Monday – Friday: 10:00 AM to 6:30 PM EST, you will be auto-enrolled into a monthly subscription program where you will receive a full monthly supply of Brilliant ConnectTM, billed at $49.00 per month, plus tax where applicable, to the credit card on file. Users may contact Brilliant Science or log into their account at any time to cancel their subscription. Additionally, Brilliant Science will notify users prior to the subscription upgrade and prior to processing any payments for your first Auto Delivery shipment. This offer is only valid in the U.S.
Auto-Delivery subscriptions will be charged every 30 days to the credit card supplied at the time of enrollment. Upon payment processing, a new shipment will be sent to the address supplied at the time of enrollment. If payment cannot be processed, you will be contacted to provide new payment information prior to your next shipment being sent. It is the user’s responsibility to provide Brilliant Science current and accurate shipping and billing information and to contact customer care to communicate any changes in this information. Users may pause or cancel subscription to the Auto-Delivery program at any time and for any reason by logging into their account on www.feelbrilliant.com, contacting Brilliant Customer Care via email at support@feelbrilliant.com or phone at (888) 398-3895, Monday – Friday: 9:00 AM to 8:00 PM EST. Subscription to Auto-Delivery service guarantees product price for the lifetime of the subscription. Pausing and/or canceling membership may forfeit price guarantee.
Eligibility and Account Accuracy
To register as a user, you must be at least eighteen years of age and able to form legally binding contracts. Users must also agree to abide by these Terms of Service, to be legally and financially responsible for their purchases from brilliant. brilliant reserves the right to reject, suspend, or remove the account of any user or users at any time at its discretion.
When registering for an account with brilliant, you agree and warrant that all information you provide on brilliant’s site is true, accurate, and complete. Users are obligated to revise, supplement, or otherwise update their information to maintain compliance with these Terms of Service or at the request of brilliant.
Account Security
brilliant uses industry-standard practices and technology to maintain the security of user accounts. Users agree and warrant that any person using or accessing brilliant’s site utilizing their username, password, authorized devices, or any combination of these is authorized to act on their behalf. Users are responsible to prevent unauthorized access of their accounts by maintaining access credentials for their accounts, including usernames and passwords, as well as access to authorized devices private and secure. If users suspect that their account has been breached or otherwise unauthorized access to, or use of, there accounts has occurred, users must promptly notify brilliant. A user is responsible for all actions taken using their account, whether or not the user initiated or authorized a given action.
Orders and Payment
This site is provided to enable users to order products from brilliant. The amounts due and payable by a user for any product purchased using their account, including any applicable taxes, shipping, and handling, will be presented to the user before an order can be completed. Any orders placed using brilliant’s site constitute authorization for brilliant to charge an associated credit card for verification, pre-authorization, and payment.
Refunds, Fraudulent Transfers, and Charge Backs
brilliant reserves the right to seek reimbursement from its users in the event that transferred funds are discovered to be fraudulent, erroneous, or duplicative. brilliant also reserves the right to seek reimbursement in the event that brilliant receives a charge back or reversal from a user’s payment provider for any reason. Users authorize brilliant to obtain such reimbursement by any legal means, including direct charges to a user’s payment provider, deducting amounts from future transfers from the user’s account, or sending the outstanding balance to a collection agency. Users agree to cooperate with brilliant’s reasonable requests to investigate fraudulent listings or service providers.
Shipping and Returns
All brilliant products become the property of the ordering user upon shipment from brilliant. Any shipping times provided by brilliant are estimates, subject to change, and do not constitute a promise or guarantee that a product will be delivered by the estimated date.
All ordered placed through brilliant’s site are considered final and nonrefundable. Authorization for any returns, and any associated refunds, is at the sole discretion of brilliant. If you are not satisfied with a brilliant product, you are encouraged to contact representatives of brilliant directly through this site to discuss any potential amelioration.
Intellectual Property
This website, and all the content hosted thereon, is claimed by brilliant as its intellectual property, protected or protectable under the relevant copyright, trademark, trade dress, or other intellectual property laws of the U.S. or other relevant jurisdiction. Use of any content (e.g., images, text, color schemes) obtained from brilliant’s website without prior written authorization is strictly prohibited.
brilliant is committed to keeping infringing materials off its site. Any copyright holder having a good-faith belief that any content on this site is infringing its copyright may request the material to be removed or blocked by contacting brilliant directly through this site.
Disclaimer
brilliant’s products, and any claims made about brilliant’s products on this site, have not been evaluated by the U.S. Food and Drug Administration. brilliant’s products are not a substitute for medical advice provided by a competent health care professional, and are not intended to be used for diagnosis, treatment, curing, or preventing disease. Any claims regarding the appropriate use of brilliant’s products, and any benefit associated with those products, are informational only, and should not be used to diagnose or treat any health problem. Brilliant encourages its users to consult with a trusted healthcare professional, and carefully review all information provided with brilliant’s products, before using any of brilliant’s products, including to screen for potential interactions with medications users may be taking.
Limitation of Liability (Warranties)
brilliant’s products are provided “as-is,” without any warranty, express or implied, regarding their merchantability and fitness for a particular purposes. brilliant disclaims any and all warranties made by users regarding its products, including any representation that brilliant’s products are fit for a particular purpose. brilliant’s maximum liability arising out of or in connection with a user’s interaction with brilliant’s site and use of brilliant’s products shall, to the extent permitted by law, be limited to the value of any relevant product purchased by the user from brilliant.
Governing Law
This Terms of Service, including the Privacy Policy, shall be governed by and construed in accordance with the laws of the State of Utah.
Mediation/Binding Arbitration
Users and brilliant agree that all disputes between the users and brilliant arising under this Terms of Service, including the Privacy Policy, or otherwise relating in any way to use of brilliant’s site or its owners shall be resolved first by confidential mediation and then, if necessary, by binding confidential arbitration in Salt Lake City, Utah, rather than in court before a judge or jury. Any arbitration taking place under these Terms of Service, including the Privacy Policy shall be conducted in front of a single arbitrator utilizing the commercial rules of the American Arbitration Association applying Utah law.
Privacy
brilliant has a comprehensive Privacy Policy for collecting, sharing, and protecting the data of its users. Users are encouraged to consult the Privacy Policy for the most-up-to-date information. The Privacy Policy is expressly included as part of these Terms of Service.
Termination
You agree to be subject to these Terms of Service upon accessing, or creating your account with, brilliant’s site lasting at least until your account is terminated by you or the site, subject to the following terms and conditions. Following termination of your account, users agree to pay any outstanding amounts owed by their accounts to brilliant. Upon account termination, brilliant is authorized to remove any and all information associated with your account, including personal information associated with your profile. brilliant reserves the right to terminate any user’s account at any time at its sole discretion.
Release
You, as a user, agree to release brilliant, its officers, directors, agents, and subsidiaries from any claims, demands, and damages arising from a dispute with another user.
Indemnity
You agree to indemnify, hold harmless, and defend brilliant against any claims or suits arising from your use of brilliant’s site. You also agree to indemnify, hold harmless, and defend brilliant against any claims or suits arising from claims you independently make about the effects of brilliant’s products, as well as any use you make or encourage others to make of brilliant’s products that is not in accordance with brilliant’s own recommendations.
Severability
If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
Bound Parties
Users are prohibited from assigning or delegating their rights and obligations under these Terms of Service to anyone without prior express written consent of brilliant. brilliant may assign these Terms of Service at its sole discretion.
Entire Agreement
These Terms of Service and the documents explicitly referenced herein represent the entire agreement between you and brilliant with respect to the use of brilliant’s site.
Privacy Policy
brilliant believes that you should have control over your data. With that in mind, brilliant employs the following principles for collecting, sharing, and protecting the data of its users.
Collection of User Data
brilliant collects personal information that its users agree to provide to brilliant, including their names, email addresses, phone numbers, physical addresses, and payment details. brilliant is not responsible for any personal information its users choose to provide through its site. brilliant also reserves the right to collect information based on user interaction with its tools, including IP address, and metadata and content of user input. By accessing brilliant’s site, signing up for an account with brilliant, and/or continuing to use brilliant’s services, users agree to brilliant’s collection of the foregoing information. At least some information collected by brilliant is collected by storing certain information locally on user devices using “cookies.” Users agree to brilliant’s use of cookies when accessing its site or setting up accounts with brilliant.
Permitted Uses and Sharing of User Data
brilliant uses the foregoing information primarily to make purchasing and receiving products from brilliant convenient for its users. brilliant reserves the right to inspect and review collected user information at any time and for any purpose, including monitoring for fraud, abuse, and other compliance with brilliant’s Terms of Service. brilliant does not disclose any individually identifiable information or contact information publicly or with third parties without user consent to do so. However, brilliant reserves the right to disclose individually identifiable information to third parties as required by law.
brilliant may use information provided by its users to directly contact its users. For example, brilliant may send email, in-app, or telephone communications to verify user identity and account control. Users may not opt out of these communications. brilliant may also contact users with information regarding new features, discounts, and special offers on its site or in connection with third parties. Users may opt out of promotional communications using provided account settings.
brilliant may disclose certain user information, stripped of any individually identifiable information, to third parties for the provision of advertising via its site. Shared information may include IP address and geographic information. Users may opt out of the collection and sharing of their information for ad delivery via brilliant’s provided account settings. Any third party with whom brilliant shares user data, as well as any related entities that will have access to user data as a result of brilliant’s sharing, will provide the same or equal protection of user data as stated in the this Privacy Policy.
Protection of User Data
brilliant is committed to protecting its users’ data. brilliant uses industry-standard protocols and technology to maintain the privacy of user information designated as private. Servers used by brilliant to store the individually identifiable information of users are maintained in a secured, supervised location. brilliant employees are only permitted to access individually identifiable information in response to specific, limited requests and for good cause, such as to prevent fraud or abuse or in response to a valid request from law enforcement or a court order.
Data Retention
brilliant stores relevant data, including user-provided data and brilliant-collected data, for at least so long as a user maintains an account with brilliant. Data pertaining to a given interaction, including personally identifiable information for users who participated in the interaction, may also be stored by brilliant for at least so long as an interaction remains unresolved and for a reasonable period of time thereafter (e.g., up to a year and no more than five years) to ensure that relevant information regarding the interaction can be made available in the event of a refund, charge back, or fraud. Users may request deletion of data, including personally identifiable information when terminating their account with brilliant. brilliant retains the right to store all data necessary to complete a transaction and for a reasonable period to verify that transaction. brilliant also reserves the right to store anonymized data stripped of all personally identifiable data following termination of a user’s account with brilliant. brilliant further reserves the right to store or delete data, as necessary, to comply with regulation and/or a court order.
Disclaimers
brilliant reserves the right to update its privacy policy at any time. Users are encouraged to review the privacy policy regularly so that they are up to date on the latest policies in effect. Users who continue to use brilliant’s services after an update have been made to its privacy policy agree to abide by the updated policies.