terms of use

By using and accessing brilliantec.com, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, do not use the brilliantec.com website.

We can amend this Agreement at any time by posting the amended terms on brilliantec.com website, which take effect when we post them. By continuing to access or use brilliantec.com after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.

A Note About Minors

brilliantec.com is not targeted towards, nor intended for use by anyone under the age of 18. By using brilliantec.com, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for brilliantec.com.

Modifications to Service

BRILLIAN reserves the right at any time and from time to time to modify the Contents or discontinue providing access to the Site (or any part thereof), temporarily or permanently, with or without notice to you. You agree that BRILLIAN will not be liable to you for any modification, suspension or discontinuance of the Site or the Contents.

Content

BRILLIAN does not warrant that product descriptions, pricing, editorial commentary or any other content on brilliantec.com, regardless of its source, is accurate, complete, reliable or current. brilliantec.com content is provided for informational purposes only. You should not rely on such information in situations where its inaccuracy would cause you to suffer any harm or loss, including reactions to substances contained in the products (see Disclaimer of Warranties and Liability Limits below). BRILLIAN assumes no liability for inaccuracy or incompleteness in its search results or other content on brilliantec.com.

Content Submission

By contributing or submitting any content to brilliantec.com, you warrant that you are the author and owner of the intellectual property rights thereto, and you grant BRILLIAN a worldwide, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute, or incorporate such materials into any form, medium or technology, without compensation to you. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of BRILLIAN, its agents, subsidiaries, affiliates, co-brand partners or other partners and their respective directors, officers and employees. BRILLIAN reserves the right to change or delete any content on brilliantec.com that BRILLIAN deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.

You agree that you shall not post any information that is known by you to be false, inaccurate or misleading; that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; for which you were compensated or granted any consideration by any third party; that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or that contains any computer viruses, worms or other potentially damaging computer programs or files.

In addition, you agree to comply with brilliantec.com Site Rules, which are deemed to be incorporated into this Agreement.

Copyrights

All content available on brilliantec.com, including site design, text, graphics, interfaces and the selection of arrangements thereof is copyrighted by BRILLIAN, with all rights reserved, or is the property of BRILLIAN or third parties protected by intellectual property rights.

BRILLIAN Technologies, LLC is a service mark of BRILLIAN Technologies, LLC. BRILLIAN Technologies, LLC service marks/trademarks may not be used in connection with any product or service that is not provided by BRILLIAN, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits BRILLIAN.

Trademarks

BRILLIAN does not control and assumes no responsibility for content that appears on a third party's website that may be accessed via brilliantec.com, and trademark owners should contact third-party sites directly to resolve trademark disputes.

Other Rules

You agree to comply with all laws and regulations applicable to your access and use of brilliantec.com and publishing your content. You may not harvest personal data (including email addresses) from brilliantec.com, and specifically you may not use email addresses displayed on our sites to ask users to join or contribute to your services. We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the terms of this Agreement. You acknowledge that BRILLIAN has no obligation to monitor your access to or use of brilliantec.com, but has the right to do so for the purpose of operating BRILLIAN, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Indemnity

By choosing to use brilliantec.com, you agree to indemnify BRILLIAN Technologies, LLC, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees, made by third parties due to or arising out of 1) Content you choose to submit, post or transmit through brilliantec.com; 2) your use of or connection to brilliantec.com; 3) your violation of the User Agreement; or 4) your violation of any rights of another.

Liability Limits

BRILLIAN and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with BRILLIAN and its parent, subsidiary or affiliate companies, our services or this Agreement. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

Governing Law/Arbitration

This Agreement is governed by New Jersey law as such laws apply to Agreements entered into and to be performed entirely within New Jersey. Any claim arising out of or relating to this Agreement or brilliantec.com shall be settled by binding arbitration in New Jersey in accordance with the American Arbitration Association's commercial arbitration rules.

Integration

This Agreement, Site Rules and our Privacy Policy constitute the entire Agreement and supersede any other Agreements or understandings (oral or written) between you and us with respect to their subject matters.

Disclaimer of Warranties

brilliantec.com may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (1) the availability or accuracy of such websites or resources; or (2) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your correspondence with or participation in promotions of merchants found on brilliantec.com are solely between you and such merchant. You agree not to hold BRILLIAN liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on brilliantec.com.

Assignment

You agree that this Agreement and all agreements and information incorporated herein may be automatically assigned by BRILLIAN, in its sole discretion, to a third party. You may not assign your obligations to another entity.

General

This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Because you are not an employee, minimum wage laws do not apply to your relationship with BRILLIAN. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by BRILLIAN.