Just Brilliant, Inc.
Terms and Conditions of Use
Introduction
Thank you for visiting the Just Brilliant, Inc. (hereinafter referred to as "JB") web site titled
"Just-Brilliant.com" (hereinafter referred to as "Site"). In return for gaining access to
the Site and using it, you agree to be bound by the following Agreement without limitation
or qualification, so please carefully review this Agreement before proceeding. If you do
not intend to be legally bound by these terms and conditions, do not access and use the Site.
JB reserves the right to change this Agreement and to make changes to any of the products or programs described in
the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you
should periodically visit this page when you use the Site to review the then current Agreement that binds you. JB also
reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. JB
enters into agreements with third parties from time to time to provide its customers with the opportunity to obtain special
services, products or prices offered by the third party. You will not be deemed to be violating this agreement when
acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement
will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written
agreement they have entered into with JB. The titles in this Agreement are provided only for your convenience and are not
to be used in interpreting the Agreement.
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Intellectual Property Notifications
Unless otherwise noted, all information, articles, data, images, passwords, screens, text, user names, web pages, or other
materials (collectively hereinafter referred to as "Content") appearing on the Site are the exclusive property of
JB, or their subsidiaries and affiliates:
- All information, products, services and software contained on or used in the Site is Copyright © 2001 -
by Just Brilliant, Inc. All rights reserved.
Please assume that everything you see or read on the Site is copyrighted to, or used with permission by, JB unless otherwise noted.
- The trademarks, logos, service marks, and trade dress (collectively hereinafter referred to as "Trademarks")
displayed on the Site are registered and unregistered Trademarks of JB or others.
- Images of people, objects, or places displayed on the Site are either the property of, or used with permission by JB.
- JB owns or uses by permission all software contained on the Site, including without limitation all HTML code, Java
code, JavaScript, and Active X controls. Copyright and other laws and international treaty provisions protect this
software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such
actions could result in severe civil and criminal penalties. JB will seek and support prosecuting
violators to the maximum extent possible.
- JB has imposed restrictions on the use of information posted on the Site. You should click on the "Copyright"
link at the bottom of any page to review those restrictions. Nothing on the Site shall be construed to confer any grant
or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
- For additional information regarding JB's intellectual property, please click on the "Copyright" link at the
bottom of any page.
Your Representations and Warranties
By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to
enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You
accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of
your account by others, including minors living with you. You may allow other members of your household to use the Site under
your name or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of
their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign,
transfer, or sublicense your rights pursuant to this Agreement.
Your Indemnity Obligation
You agree to indemnify, defend, and hold harmless JB and its affiliates from and against any and all claims, demands,
proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties,
taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements)
and costs (collectively, hereinafter referred to as "Claims"), based on, arising out of, or resulting from your use of the
Site, including, without limitation, any Claims alleging facts that if true would constitute your breach of this Agreement.
Limitations On Your Use
JB provides the Site solely to permit you to determine the availability of goods and services offered on the Site and to
transact business with JB, and for no other purpose. You agree that you will use the Site's services only to obtain
information or purchases for you or for another person or entity for whom you are authorized to act both legally and
under the terms of this Agreement.
You agree that you will not Misuse the Site. "Misuse" includes, but is not limited to, using the Site to do any
of the following:
- Distribute, disseminate, post, or publish any information or material that degrades, embarrasses, harasses,
humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry,
color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex,
sexual orientation, union or nonunion affiliation, or any other basis protected by federal, state,
or local law or ordinance.
- Abuse, defame, harass, stalk, threaten, or otherwise violate others' legal rights, including but not limited to
rights of privacy and publicity.
- Download or upload files that may damage the operation of another's computer, such as computer viruses, corrupt
files, or similar software.
- Download or upload files that contain materials, including but not limited to software that violate the
intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to
exercise such rights.
- Misrepresent or omit the origin or source of any file you download or upload.
- Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright,
patent, or trademark notices.
- Distribute, disseminate, post, or publish any indecent, infringing, obscene, or unlawful information or material.
- Engage in any commercial purpose including but not limited to:
- Advertising or offering to sell any goods or services.
- Conducting contests or surveys.
- Distributing chain letters, or advertising with respect to any Ponzi scheme or pyramid scheme.
- Advertising or offering to sell any business opportunities, direct sales opportunities, employment,
independent contractor positions, multi-level marketing opportunities, or securities.
- Post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or
protected proprietary data of any entity or person, including but not limited to JB, or any of JB's
affiliates.
- Download or upload files that you know, or reasonably should know, cannot be legally distributed through
the Site.
- Upload, download, or otherwise export or re-export software from the Site: (1) to a national or resident
of or into any country the U.S. has embargoed, including without limitation, Cuba, Iran, Iraq, Libya,
North Korea, Syria, or Yugoslavia; (2) to anyone on the U.S. Treasury Department's Specially Designated
Nationals list, or (3) to anyone on the U.S. Commerce Department's Table of Denial Orders.
- Copy or create derivative works from, display, distribute, license, perform, publish, recreate, reproduce,
sell, transfer, or transmit any information, products, services, or software obtained by, from, or through
the Site.
- Monitor or copy any Content by using any manual process, or any robot, spider, or other automatic device,
without first obtaining JB's prior written consent.
- Act as an agent or attorney in fact for any person who is not:
- A member of your immediate household; or
- Your direct supervisor at your place of employment; or
- A person for whom you have been given the authority to act on their behalf.
- Take any action that will or could impose an unreasonable or disproportionately large load on our site
infrastructure.
- Engage in any other conduct that is, or that JB deems to be, in conflict with this Agreement. JB
forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an
unauthorized use of the Site.
No Warranty by JB
The Content may contain inaccuracies and/or typographical errors. JB may alter, change or improve the Content
at any time and without notice. JB makes no representations or warranties as to the Content's completeness or
accuracy, and makes no commitment to update the Content. JB makes no representations about the Content's
suitability for any purpose.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS
FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL JB OR ITS AFFILIATES
BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE)
ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE
CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH
DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF
WHETHER JB WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
JB neither warrants nor represents that your use of information and material on the Site will not infringe upon
the intellectual property rights of third parties. JB shall not be liable for any virus or other damage to your
computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading
any audio, data, images, materials, pictures, text or video from the Site. Because JB provides services and
products in many parts of the world, the Site may refer to certain goods, products, and/or services that are not
available in your area. A reference to goods, products, and/or services without limiting their geographic scope
does not imply that JB offers or intends to offer those goods, products, and/or services in all locations.
Use of Information You Provide JB
Consistent with the JB privacy policy, we ask you to provide us with certain information when you purchase any
goods or services. You agree that when you provide such information, the information will be accurate. Under no
circumstances will you provide false or misleading information. The information provided is subject to JB's
privacy policy. For more information, see JB's full privacy policy, which is incorporated
in full herein by this reference.
For use of certain services, we may provide you with a pass code. This pass code is proprietary to, and the
property of, JB. However, you must take precautions to insure the security of your pass code. JB assumes no
responsibility for and will not be liable in the event that another person learns your pass code or uses your pass
code to cause damage to you.
While JB takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we
cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied,
or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL JB OR ITS
AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION,
REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY,
AND ALSO REGARDLESS OF WHETHER JB WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
No Offer to Sell or Buy Securities
The information on the Site does not constitute an offer to sell, or the solicitation of an offer to buy any
securities and must not be relied upon in connection with any investment decision.
Links To Other Sites and To The Site
The Site may provide hyperlinks or references to other sites. While JB endeavors to provide links only to sites
that are reputable and safe, we take no responsibility for the information, products, or services obtained on such
other sites and will not be liable for any damages arising from your access to such sites. JB provides any such
links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not
imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites.
Therefore, you assume sole responsibility for using links or pointers to third parties.
JB specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do
so under a separate written agreement with JB. You are also denied permission to use any trademarked or
copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate
written agreement with JB. JB bears no responsibility for sites that provide hyperlinks or references to the
Site unless those sites are operated by JB.
Your Communication with JB
JB will not treat as confidential any communications you send to us by electronic mail or otherwise. JB has no
obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any
purpose.
JB does not accept or consider unsolicited proposals related to its business, including, but not limited to,
proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and
technologies. JB therefore requests that you not send such proposals. Please also refrain from sending original
creative artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. JB has adopted this
policy to prevent claims that we have copied such unsolicited ideas without authorization, when, in fact, JB
developed the idea independent of, or even long before receiving the unsolicited proposal. If you do send JB
unsolicited proposals, then do so with the understanding that JB may use any concepts, ideas, inventions,
know-how, or techniques that you disclose in those communications for any purpose, including the developing,
manufacturing, and/or marketing of goods, products, or services. JB may do so free of any obligation to
compensate you for that use.
Comparison Monitoring of On-Line Chats or Telephone Conversations with JB
The Site may provide you the ability to have an on-line chat session with JB or with information as to how you can
contact JB by telephone. You may use these functions only for business purposes related to the Site. For quality
assurance purposes, JB may monitor, record, and/or transcribe the contents of these communications. By contacting
JB, you agree that the communication may be monitored, recorded, and/or transcribed and you consent to the
monitoring, recording, and/or transcribing. Such records may be kept indefinitely or disposed of at our discretion.
Your Use of Forums
You agree to use any bulletin boards, chat rooms, conferences, or other communication or message facilities
(hereinafter referred to as "Forums") contained on the Site only to send and receive material and messages that are
proper and related to the particular Forum. You further agree that you will use the Forums in conformity with all
applicable laws and this Agreement. You agree that you will not Misuse a Forum.
JB reserves the right to remove at will and without notice any Content on the Site, including anything you post
in a Forum. You understand that any use by you of a Forum constitutes a public communication. You understand that
JB owns any and all information or material that you post on a Forum. You agree that you waive all of the rights
you have to any information or material that you post on a Forum. JB has the right to do whatever it wishes with
that information or material, including, but not limited to, deleting or editing for any reason any posting by you.
You further acknowledge that JB does not endorse or sponsor any information or material posted by Forum users,
and that JB has no responsibility to approve, review, or screen such information or material.
Forum For Actions, Governing Law, and Procedural Restrictions
You agree that this Agreement is made and entered into in
County, . You agree that
Texas law governs this Agreement's interpretation and/or
any dispute arising from your access to, dealings with, or use of the Site, without regard to conflicts of law
principles. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought
in the state or federal courts of County,
Texas. You agree and understand that you will not bring against JB, or any
of its affiliated entities, agents, directors, employees, and/or officers, any class action lawsuit related to your
access to, dealings with, or use of the Site.
Other Terms
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of
course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the
Site.
Any failure of JB to assert any rights it may have under this Agreement does not constitute a waiver of our right
to assert the same or any other right at any other time or against any other person or entity. If any provision of
this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken
from this Agreement without affecting the validity or enforceability of any other provision.
Questions or problems regarding this service contact
.
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