Brightside Stuff, LLC (“BRIGHTSIDE”) provides its online services and website to you, the User, subject to this Terms of Service Agreement (“TOS”). BRIGHTSIDE reserves the right to alter the TOS at any time without notice to User. By using the BRIGHTSIDE website, located at the URL, http://www.brightsideskincare.com/, user agrees to abide by this TOS Agreement. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU SHOULD NOT USE OUR SITE.
Online Services and Disclaimer of Warranty
BRIGHTSIDE website provides online resources including, but not limited to, online information regarding BRIGHTSIDE goods, products, customer reviews, videos, contact information, blog, narratives, and online ordering services. Any new services, resources or informational content added to the website shall fall under the terms of this TOS Agreement. The online resources, informational content, and software on this website is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. BRIGHTSIDE assumes no responsibility for any data loss or other loss suffered by any User of this website. User is fully responsible for maintaining its computer equipment and Internet access to use the BRIGHTSIDE website.
The products displayed on the site may also be available in select retail stores in the U.S. and certain foreign markets. All prices displayed on http://www.brightsideskincare.com/ are listed in U.S. Dollars and are valid and effective only in the U.S.
Product Return Policy
BRIGHTSIDE offers a 100% satisfaction guarantee. The product must be returned within 30 days after the date of purchase. Unfortunately we can NOT offer you a refund or exchange after this period. Additionally, to receive a refund or exchange, your item must be in the original packaging.
To return an item that you purchased from the BRIGHTSIDE website, please fill out the form located in the “Contact Us” tab of the website and be sure to include the reason for your return. BRIGHTSIDE will then send you return instructions. Once your product return has been received, BRIGHTSIDE will send an email notification stating that your returned item has been received. If the returned product is approved for a refund, the refund will be processed and a credit will automatically be applied to your credit card, or original method of payment, within 7 business days. If your product has been approved for an exchange, a new item will be sent to you at BRIGHTSIDE’s earliest convenience.
Customer will be responsible for paying shipping costs for returns. Shipping costs are non-refundable. When shipping item(s) over $50.00, customers should consider using a trackable shipping service or purchasing shipping insurance. BRIGHTSIDE is NOT responsible for items lost or damaged during shipping.
For BRIGHTSIDE products purchased at retail stores, please return the product to the place of purchase. Return policies and procedures are subject to individual store policies and procedures.
All customer reviews made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not be typical or apply to all individuals. The statements and products sold through BRIGHTSIDE are not intended to diagnose, treat, cure or prevent any condition or disease.
Use by Minors
BRIGHTSIDE does not knowingly permit or promote children under age 13 to purchase products from the site or encourage use of the site. Before a minor uses any BRIGHTSIDE goods or products, the legal or parental guardian of the minor should consult a physician.
User agrees to not use the BRIGHTSIDE website to:
impersonate another User, person, or entity, including any official, employee, or representative of BRIGHTSIDE;
intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act, trademark laws; or
interfere with the operation of BRIGHTSIDE’s web servers or other computers or Internet or network connections.
User agrees to indemnify and hold BRIGHTSIDE, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content User submits, posts, transmits or makes available through the website, use of the website, connection to the website, violation of the TOS, or violation of any rights of another.
User agrees not to reproduce, copy, duplicate, or sell any portion of the BRIGHTSIDE website, or any of the BRIGHTSIDE products.
The BRIGHTSIDE site may contain hyperlinks to other Internet sites not under the editorial control of BRIGHTSIDE. These hyperlinks are not express or implied endorsements or approvals by BRIGHTSIDE, of any products, services or information available from these sites.
Intellectual Property Rights
User agrees not to distribute, license, or create derivative works from any of BRIGHTSIDE’s copyrighted, trademarked, or unregistered material, including graphic files, photographs, and software, on the BRIGHTSIDE website.
No Warranties of Information
THE INFORMATION PROVIDED ON THE BRIGHTSIDE WEBSITE IS PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
Limitation of Liability
BRIGHTSIDE’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION OR SOFTWARE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). BRIGHTSIDE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
This TOS Agreement constitutes the entire agreement between the User and BRIGHTSIDE and governs User’s use of the BRIGHTSIDE website. This TOS Agreement shall be governed by the laws of the State of Wisconsin. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the county of Dane in the State of Wisconsin. The failure of BRIGHTSIDE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.