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Terms of Use
Please read this carefully as these terms of use govern your usage of the Brilliant Shopper website (also referred to herein as "Site") and the services provided through or in connection with the Site.
 
ACCEPTANCE OF TERMS THROUGH USE
 
By using this Site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (collectively "Terms of Use"). If you do not agree to these Terms of Use, you may not use this Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: change, suspend or discontinue all or any part of the Site; refuse, move, or remove any content that is available on the Site; and establish general practices and limits concerning use of the Site. You agree that we will not be liable to you or any third party for taking any of these actions.
 
LINKS
 
This Site may produce automated search results or otherwise link you to other sites on the Internet. Brilliant Shopper does not endorse and is not responsible for the availability of these external sites or resources or for any content, advertising, products or other materials on or available from such external sites or resources. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Brilliant Shopper and you acknowledge that Brilliant Shopper is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply any association by Brilliant Shopper with its operators.
 
PROPRIETARY RIGHTS AND OWNERSHIP
 
You acknowledge and agree that all content and materials available on this Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Your use of this Site does not transfer to you any ownership or other rights in the content and materials therein. Except as expressly authorized by Brilliant Shopper, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Brilliant Shopper is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
 
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this Site is strictly prohibited without the express written permission of Brilliant Shopper.
 
PROHIBITED CONDUCT
 
You may not: (a) use the Site for any illegal purpose or for the transmission, if applicable, of any material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortious, or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of another; (b) directly or indirectly interfere or attempt to interfere with the proper working of the Site; (c) use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content on the Site without prior expressed written permission from Brilliant Shopper; and (d) take any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure.
 
DISCLAIMER OF WARRANTIES
 
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BRILLIANT SHOPPER, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
 
 
LIMITATION OF LIABILITY
 
UNDER NO CIRCUMSTANCES SHALL BRILLIANT SHOPPER OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BRILLIANT SHOPPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, BRILLIANT SHOPPER’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
 
 
RELEASE
 
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE BRILLIANT SHOPPER AND ITS LICENSORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE.
 
INDEMNIFICATION
 
You agree to defend, indemnify, and hold harmless Brilliant Shopper and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Site. Brilliant Shopper reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Brilliant Shopper in asserting any available defenses.
 
 
OTHER TERMS
 
The Site and other services are operated and provided in the State of California, USA. As such, we are subject to the laws of the State of California, and such laws will govern these Terms of Use, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site or other services, you agree to do so subject to the internal laws of the State of California. You are in the best position to know whether your use of our Site or other services may be prohibited or restricted by local laws in your location, and therefore are responsible for compliance with any such laws. We do not guarantee continuous, uninterrupted or secure access to the Site or other services, and operation of the Site or other services may be interfered with or adversely affected by numerous factors or circumstances outside of our control. This is the entire agreement and understanding between us regarding the subject matter hereof, and may only be modified as provided above. If any provision of these Terms of Use shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-unenforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum permissible extent.
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