Updated 22nd of July 2020
IMPORTANT THIS IS A LEGAL AGREEMENT BETWEEN YOU(REFERENCED HEREIN AS "YOU" OR "USER", OR WITH "YOUR") AND https://supremenewtesto.com/ ("Brilliant Body Supreme, Inc." OR "OUR" OR "WE" OR "US") THAT APPLIES EACH TIME YOU ACCESS OR USE THE WEBSITE PROVIDED BY Brilliant Body Supreme, Inc. LOCATED AT https://supremenewtesto.com/ ("SITE"). THEREFORE, YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT (THE "TOU" OR "AGREEMENT") BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE INFORMATION, SERVICES, SOFTWARE FUNCTIONALITY, AND/OR MATERIALS ("SERVICES AND MATERIALS") PROVIDED BY Brilliant Body Supreme, Inc. ON OR THROUGH THE SITE. Brilliant Body Supreme, Inc. IS WILLING TO LICENSE OR ALLOW THE USE OF THE SITE AND THE RELATED SERVICES AND MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE ENTIRETY OF THIS AGREEMENT, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR USE THIS SITE AND/OR THE SERVICES AND MATERIALS, AND YOU ARE HEREBY INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
THIS DOCUMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR LEGAL RIGHTS. IT IS STRONGLY RECOMMENDED THAT YOU REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ACCESSING, USING OR BUYING ANY PRODUCT THROUGH THE SITE.
1. License Grant. Subject to your continued strict compliance with the terms and conditions of this Agreement, Brilliant Body Supreme, Inc. provides to you a revocable, limited, non-exclusive, royalty-free, non-sub license able, and non-transferable license to use the Site. You may download and print materials and information from the Site solely for your personal use, provided that you do not remove from any such hard copies any copyright and/or other applicable intellectual property notices. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that (i) the content layout, formatting, and features of and access privileges for the Site shall be determined by Brilliant Body Supreme, Inc. in its sole and absolute discretion; (ii) Brilliant Body Supreme, Inc. has the right to control and direct the means, manner, and method by which the Site is provided; (iii) Brilliant Body Supreme, Inc. may, from time to time, engage independent contractors, consultants, or subcontractors to aid Brilliant Body Supreme, Inc. in providing the Site or use thereof; and (iv) Brilliant Body Supreme, Inc. has the right to provide the Site to others. In addition, you hereby acknowledge and agree that this Agreement provides you with only a limited license to access and use the Site. Accordingly, you hereby acknowledge and agree that Brilliant Body Supreme, Inc. transfers no ownership or intellectual property interest or title in and to the Site to you or anyone else under this Agreement. Brilliant Body Supreme, Inc. hereby reserves any and all intellectual property rights not otherwise expressly granted in this Agreement.
2. Restrictions. Not with standing the foregoing license grant, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein, the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, interfaces, photographs, audio, video, sounds, artwork, designs, computer code (including html code), programs, software, and documentation found on or accessible through the Site. Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or any other device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site in order to obtain or attempt to obtain any materials, pictures, documents, or any other information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to (a) any portion or feature of the Site, (b) any other systems or networks connected to the Site, (c) any Brilliant Body Supreme, Inc. ever, or (d) to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Brilliant Body Supreme, Inc.'s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Brilliant Body Supreme, Inc. on or through the Site, (viii) use the Site to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Brilliant Body Supreme, Inc. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DOWNLOADING, COPYING OR REPRODUCING ANY MATERIALS PROVIDED BY Brilliant Body Supreme, Inc. TO ANY OTHER SERVER, HARD DRIVE OR LOCATION FOR THE PURPOSE OF REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. User Obligations. By installing, accessing, or using this Site you hereby represent that you are of the legal age to execute a legally enforceable contract under the laws of the state and/or country in which you reside and will, at all times, provide true, accurate, current, and complete information when submitting information to this Site, including, without limitation, when you provide any information to Brilliant Body Supreme, Inc. via an email or any registration or submission form found on the Site. If you provide any false, inaccurate, untrue, or incomplete information, Brilliant Body Supreme, Inc. reserves the right to in its sole discretion immediately and without notice terminate your access to and use of this Site and/or cancel any of your pending product purchases or registrations with Brilliant Body Supreme, Inc. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and this Site are solely at your own risk. While Brilliant Body Supreme, Inc. has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from the Site over the Internet or any other form of global communication network cannot be guaranteed. Accordingly, Brilliant Body Supreme, Inc. is not to any degree responsible or liable for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
4. Arbitration Agreement & Class Action Waiver. Except where prohibited by law, you and Brilliant Body Supreme, Inc. agree that any dispute between us (including disputes against any agent employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to our Site, the Services or Materials provided through our Site, any transaction or relationship between us resulting from your use of our Site, communications between us, or the purchase, order, or use of our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. Any such arbitration will take place in the county or municipality where we have a principal business address or such other location where we mutually agree. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions. You and Brilliant Body Supreme, Inc. agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act ("FAA"), and not by any state law concerning arbitration. You and Brilliant Body Supreme, Inc. further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.
BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal than a court trial; however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association ("AAA"), and conducted under AAA's Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If you initiate arbitration, Brilliant Body Supreme, Inc. will reimburse you for any standard filing fee which may have been required by AAA once you have notified Brilliant Body Supreme, Inc. in writing and provided a copy of the arbitration proceedings. However, if Brilliant Body Supreme, Inc. is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Brilliant Body Supreme, Inc. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum.
There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person's claims against Brilliant Body Supreme, Inc. and may not preside over any kind of representative or class proceeding against Brilliant Body Supreme, Inc., its agents, officers, shareholders, members, employees, subsidiaries, affiliates, predecessors in interests, successors and/or assigns. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, WHICH CONTAINS THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Brilliant Body Supreme, Inc., ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 30 DAYS OF YOUR THE ORIGINAL ORDER DATE OF THE PRODUCT.
5.Online Purchases; Specific Programs; Other Terms and Conditions. Acceptance of Agreement. Additional notices, terms, and conditions (including, without limitation, payment terms) may apply to the purchase of certain products and/or resources, participation in certain events or programs, and/or to specific portions or features of the Site, all of which are made a part of this TOU by this reference. You agree to abide by such other notices, terms, and conditions, including where applicable representing that you are of sufficient legal age to acquire a product and/or use or participate in any event or program, service, or feature. If there is a conflict between this TOU and the terms posted for or applicable to a specific portion of the Site, including any areas to enable the on-line purchase of items or for any program, event or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site. Brilliant Body Supreme, Inc.'s obligations, if any, with respect to its services, events, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such terms, conditions, notices, and agreements.
7. Postings. The Site, and/or any social media page controlled by Brilliant Body Supreme, Inc. that is accessible directly through the Site (each, a "Brilliant Body Supreme, Inc. Social Media Page"), may contain blogs, message boards, comment areas and other interactive features and functionality where users may post certain information and content (collectively, "Forum"). To the extent the Site and/or any Brilliant Body Supreme, Inc. Social Media Page contains any such Forum, you hereby acknowledge and agree that when using the Site and/or any Brilliant Body Supreme, Inc. Social Media Page, you will not upload, post, display, or transmit any of the following materials on any Forum:
- anything that interferes with or disrupts the operation of the Site and/or Brilliant Body Supreme, Inc. Social Media Page,
- statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way infringes on the rights of others,
- unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
- statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Brilliant Body Supreme, Inc.,
- statements or material that misrepresents your affiliation with any entity and/or Brilliant Body Supreme, Inc.,
- statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials, and - statements or material that are "off-topic" for a designated Forum.
8.Permission to Use Postings. You acknowledge and agree that you have no proprietary interest in any Forum. Moreover, by submitting content or information of any type (a "Posting") to a Forum or by otherwise using the Site and/or a Brilliant Body Supreme, Inc. Social Media Page to transmit or display a Posting, you automatically grant Brilliant Body Supreme, Inc. a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You hereby represent that you have all necessary rights to make the Posting available to Brilliant Body Supreme, Inc. and a Forum, and you also acknowledge and agree that such Postings are non-confidential for all purposes and that Brilliant Body Supreme, Inc. has no control over the extent to which any idea or information within a Posting may be used by any party or person once such content is posted or displayed on the Site and/or a Brilliant Body Supreme, Inc. Social Media Page. Accordingly, notwithstanding this right and license, you hereby acknowledge and agree that by merely permitting your information, content, and materials to appear on the Site and/or a Brilliant Body Supreme, Inc. Social Media Page, Brilliant Body Supreme, Inc. has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, Brilliant Body Supreme, Inc. assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All users shall remain solely and exclusively responsible for any liability arising from their own Postings.
9.Proprietary Rights. All text, graphics, interfaces, photographs, audio, video, sounds, images, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Site, unless otherwise expressly indicated in writing, are owned, controlled, and licensed exclusively by Brilliant Body Supreme, Inc. and/or its suppliers and are protected by United States and foreign laws including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this TOU, Brilliant Body Supreme, Inc. does not grant any express or implied intellectual property or proprietary right to you or any other person. Accordingly, your unauthorized use of this Site may violate intellectual property or other proprietary rights laws of the United States and/or a foreign nation, as well as other laws, regulations, and statutes. The https://supremenewtesto.com/ website is Copyright © 2024 Brilliant Body Supreme, Inc. and/or its licensors. All rights reserved. Brilliant Body Supreme, Inc. also owns a copyright in the contents of the Site as a collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Site. Any downloadable or printable programs, information, or materials available through this Site and all intellectual property and/or proprietary rights related thereto, unless otherwise expressly indicated in writing, are owned exclusively by Brilliant Body Supreme, Inc. and/or its suppliers. Brilliant Body Supreme, Inc. and all other names, logos, and icons identifying Brilliant Body Supreme, Inc., its affiliates and/or subsidiaries, and any of their events, programs, products, and/or services are owned exclusively by Brilliant Body Supreme, Inc., and any use of such marks without the prior express written permission of Brilliant Body Supreme, Inc. is hereby strictly prohibited. Other product and company names mentioned herein may be the trademarks and/or service marks of their respective owners.
10. Enforcing Security on the Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Brilliant Body Supreme, Inc. reserves the unqualified right to view, monitor, and record activity on the Site without any notice to or permission from you. Any information obtained by monitoring, reviewing, or recording your use of the Site is subject to review by law enforcement organizations in the sole and absolute discretion Brilliant Body Supreme, Inc. Brilliant Body Supreme, Inc. will also comply with all legally binding requests for such information including, without limitation, the provision of information pursuant to a court order. In addition to the foregoing, and in its sole and absolute discretion, Brilliant Body Supreme, Inc. reserves the right, to at any time and without advance notice, modify, suspend, terminate, or temporarily interrupt operation of or access to the Site or any portion thereof.
11. Submissions.Brilliant Body Supreme, Inc. welcomes your feedback and suggestions about how to improve the Site and/or the events, programs, products and/or services of Brilliant Body Supreme, Inc. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to Brilliant Body Supreme, Inc., you represent and warrant that such feedback does not infringe, misappropriate, and/or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey such feedback to Brilliant Body Supreme, Inc. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, sub licensable, non-exclusive right and license for Brilliant Body Supreme, Inc. to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby expressly waive any claim to the contrary.
12. Third Party Products/Services.Brilliant Body Supreme, Inc., in its sole and absolute discretion, may post the advertisements of third parties on this Site and/or feature materials, programs, events, products, and services provided by third parties. Brilliant Body Supreme, Inc. makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third party materials, programs, events, products, and services or any other materials, programs, events, products, and services which you may access through such third party materials, products, and services. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Brilliant Body Supreme, Inc. expressly disclaims responsibility and liability for all third party provided materials, programs, events, products, and services contained on or accessed through the Site, and you agree that Brilliant Body Supreme, Inc. hall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties' materials, products, and/or services on this Site.
13. Links to Other Sites.Brilliant Body Supreme, Inc. may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating related information, products, and services. These other sites have not necessarily been reviewed by Brilliant Body Supreme, Inc. and may be maintained by third parties over which Brilliant Body Supreme, Inc. exercises no control. Accordingly, Brilliant Body Supreme, Inc. expressly disclaims any responsibility for the content, materials, accuracy of information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
14. Links from Other Sites. We has not reviewed all of the sites linked to this Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. We do not take any responsibility for any information or claims that were made by other websites and encourage you to alert us if a website is making false claims and linking to our site or product at [email protected].
15. No Medical Advice/Product Information. The Site does not provide medical advice and is not engaged in rendering medical or professional services or advice, and the information provided on the Site is not intended to replace medical advice offered by a health care provider. We strongly recommend that you promptly consult a physician or professional health care provider prior to use of any product. The statements made on the Site have not been evaluated by the FDA (U.S. Food & Drug Administration). Our products are not intended to diagnose, cure or prevent any disease. Neither the products nor the ingredients in the products have been approved or endorsed by the FDA or any regulatory agency for treatment of obesity or to cause weight loss. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
16. Disclaimer. THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. Brilliant Body Supreme, Inc. DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY AUDIO, VISUAL, OR VIDEO CONTENT POSTED, MADE AVAILABLE THROUGH, OR ACCESSIBLE ON THE SITE.MOREOVER, Brilliant Body Supreme, Inc. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE SITE AND THE SERVICES AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Brilliant Body Supreme, Inc. MAY IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT ADVANCE NOTICE MAKE MODIFICATIONS AND/OR CHANGES TO THE SITE AND/OR THE SERVICES AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME. YOU ASSUME THE SOLE RISK OF USING AND/OR RELYING ON THE SERVICES AND MATERIALS AVAILABLE ON THE SITE.
17. Limitation on Liability. You expressly absolve and release Brilliant Body Supreme, Inc. from any claim of harm resulting from a cause beyond Brilliant Body Supreme, Inc.'s reasonable 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, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL Brilliant Body Supreme, Inc. BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE SERVICES AND MATERIALS AVAILABLE THROUGH THE SITE, OR OTHERWISE ARISING OUT OF UTILIZATION OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF Brilliant Body Supreme, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF Brilliant Body Supreme, Inc. FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE, Brilliant Body Supreme, Inc.'S SERVICES AND MATERIALS, AND/OR ANY PROGRAM OR EVENT MADE AVAILABLE THROUGH THE SITE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Brilliant Body Supreme, Inc. DURING THE PAST SIX MONTHS IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
18. Indemnity. You agree to defend, indemnify, and hold harmless Brilliant Body Supreme, Inc. and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from any breach by you of this TOU.
19. Governing Law. This Agreement and its performance shall be governed by the laws of the state of New York=$govt_state;?>, United States of America, without regard to its conflict of laws provisions. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU or Brilliant Body Supreme, Inc.'s services, materials, events and/or products accessed or purchased through this Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Site is controlled and operated by Brilliant Body Supreme, Inc. from its offices and facilities within the United States. Brilliant Body Supreme, Inc. makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from territories or nations where any aspect of the Site is illegal is hereby expressly prohibited. You access the Site solely on your own volition and are responsible for compliance with all applicable local laws.
20.Term and Termination. This TOU will take effect (or shall re-take effect) at the time you submit information through this Site, respond to a request for information, and/or begin installing, accessing, or using the Site, whichever is earliest. Brilliant Body Supreme, Inc. reserves the right at any time and without notice to deny you access to the Site or to any portion thereof and to terminate your rights under this TOU, in its sole and absolute discretion. Your rights under this TOU will terminate automatically if you fail to comply with this TOU, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Site in your possession. The provisions concerning permission to use postings, proprietary and intellectual property rights, submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, and governing law will survive the termination of this TOU for any reason.
21. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by Brilliant Body Supreme, Inc. of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision drafted and provided by Brilliant Body Supreme, Inc. in its sole and absolute discretion that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
23.Contact Information. If you have questions regarding this Site or if you are interested in obtaining more information concerning Brilliant Body Supreme, Inc. and its products or services or permission to use any Brilliant Body Supreme, Inc.'s content, please contact Brilliant Body Supreme, Inc. at 8339683221 (phone) or [email protected] (email). We are open from Monday through Friday Open 24 Hours PST, Saturday and Sunday 5:00AM to 6:00PM PST. We are closed on major US holidays: Thanksgiving, Christmas and Easter.