Terms And Conditions Overview
Throughout the site, the terms “we”, “us” and “our” refer to BrightBrain.com. BrightBrain.com offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 1 – Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content, (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – Not Medical Advice
Content contained on or made available through the website is not intended to and does not constitute medical advice, nor should it be relied on to medically prescribe or diagnose any illness or disease. Content is presented for education and product information only. No information anywhere herein or on any of the product labels should be interpreted to contradict FDA guidelines.
DISCLAIMER: No statements anywhere on this website have been evaluated by the Food and Drug Administration. These products are not intended to diagnose, treat, cure, or prevent any disease.
WARNING: Keep all products out of the reach of children. In purchasing any of these items, the customer acknowledges that there are risks involved with consumption or distribution of these products, which the user and/or purchaser assume all liability and risks associated with consumption and should never be taken without consulting a physician first. These products are NOT intended for use as food additives, drugs, cosmetics, household chemicals, or other inappropriate applications. The listing of a material on this site does not constitute a license to its use in infringement of any patent. All of the products will be handled only by qualified and properly trained professionals. All customers represent and warrant that through their own review and study that they are fully aware and knowledgeable about the following: Government regulations regarding the use of and exposure to all products. The health and safety hazards associated with the handling of the products they purchase. The necessity of adequately warning of the health and safety hazards associated with any products. BrightBrain.com reserves the right to limit and/or deny sales of products to any individuals if we have reason to believe that misuse will occur.
Prior to using these products, review the ingredients on this site, take them to your physician for approval. These products are different than supplements you may have tried and generally unique. DO NOT assume that just because you purchased similar supplements in the past, they will have the same effect. DO NOT experiment with dosages. Take only as directed under the supervision of a Physician.
Bright Brain assumes no responsibility for the use, either proper or improper, of and self-diagnosis and/or treatment using these products. Products should not be confused with prescription medicine. Products should not be used as a substitute for medically supervised therapy. Even if you do not suspect you suffer from clinical deficiencies, consult a licensed, qualified medical doctor prior to taking any of our products.
It is important that you understand why no claims can be made about the products you order, and we cannot suggest the use of any product that will effect a cure or affect a symptom/ailment, improve any conditions, or help your general health. Before starting a dietary supplement, you need to check with a medical doctor. It is especially important for people who are: pregnant or breastfeeding, chronically ill, elderly, under 18, taking prescription or over-the-counter medicines. Certain supplements can boost blood levels of certain drugs to dangerous levels. None of the products or information available to the public are intended to be a treatment protocol for any disease state, but rather are offered to provide information and choices regarding nutritional support for various health concerns. None of the information is intended to be an enticement to purchase and may not be construed as medical advice or instruction.
No action should be taken solely on its content; regardless of the perceived scientific merit, instead readers should consult health care professionals on any matter related to their health. The information obtained from referenced materials are believed to be accurate, as presented by their respective authors, but Bright Brain assumes no liability for any personal interpretation. Readers, previous and future customers who fail to consult their Physicians prior to the purchase and subsequent use of any product, assume the risk of any adverse effects.
The use of any supplement for any reason, other than those recommended or approved by your physician or to increase dietary intake levels of specific nutrients, is neither, implied nor advocated by Bright Brain. Caution: Some of the products contain ingredients or chemicals that are not ordinarily found in typical food sources and may produce a powerful effect, therefore indiscriminant use of any product is not recommended except under the direction of a trained health care professional. In addition to the effects, there may be drug interactions that may produce reactions or interfere with the efficacy of prescription medication.
For any suspected or known illness or health concern, always consult with your physician or health care provider prior to the purchase or use of any nutritional product. You should always contact your physician prior to the usage of any Bright Brain products. Bright Brain has attempted to present information from the literature, books and other references as well as information about our products as accurately as possible, but you should be aware that the Food and Drug Administration has not approved or evaluated all of the information contained in the literature or on this site. Any literature reference or direct link to a specific product is for your information or convenience and may not be construed as an enticement to purchase and further is not intended or implied to be used in the mitigation, diagnoses, treatment, cure, or prevention of any disease.
Information on this site is provided for informational purposes only and is not meant to substitute for the advice provided by your own physician or other medical professional. The results reported may not necessarily occur in all individuals. Bright Brain is providing this site, its products, its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Except as specifically stated on this site, neither Bright Brain nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. *These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.
SECTION 4 – Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 5 – Modifications to Service & Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 – Products
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Product packaging, design, options, ingredients, quantity, and labeling are all subject to change at anytime without notice, at the sole discretion of us. Product packaging, design, options, ingredients, and quantity are frequently changed and might not be reflected by the product images on the website.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service or product expectations will be corrected. Additionally, acceptance of product returns or exchanges does not imply, in any form or fashion, that Bright Brain has consented to, agreed with, or accepted a return/exchange for any other reason than a superficial resolution for a customer. It does not indicate that we accept or agree the customer's stated reason for return.
SECTION 7 – Lost Items
Replacement of items lost in delivery or undelivered will be at the discretion of BrightBrain.com, not including items held or seized in customs. For more information, please contact us via the CONTACT US link on the website.
SECTION 8 – Customs Duties
The buyer assumes all responsibility for any customs duties or fees. We are not obligated to refund orders which are seized by customs. The buyer should be aware of whether a product can be shipped to their country before ordering.
SECTION 9 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at or near to the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 10 – Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 11 – Third Party Links & Content
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The website was designed by a third party and may contain graphics, images, designs or similar that might be covered by trademark, third party trademark or usage. Bright Brain does not knowingly use 3rd party content without authorization or consent. Should any items be in violation, please notify us and they will be removed immediately. In using this website and viewing it's content, you understand this and agree to noitfy them in a timely manner to have the content removed and wave any liability or damages that might come forth from it's usage or viewing.
SECTION 12 – User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 13 – Personal Information
SECTION 14 – Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 15 – Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site. it's products, or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 16 – Disclaimer of Warranties; Limitation of Liability
Though we have taken great efforts to ensure the security of this site and of your information, we cannot guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
Though we pride ourselves on our attention to evidence, we cannot warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BrightBrain.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 17 – Indemnification
You agree to indemnify, defend and hold harmless BrightBrain.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 22 – Contact Information
Questions about the Terms of Service should be sent to us via the Contact Us link on the website.
Section 23 – Distributor Terms
Additional terms required for distributors, wholesalers and retailers are still subject to these standard conditions and can be found here.