Terms

The Terms and Conditions was updated on 06/10/2016

Terms of Use and Conditions of Sale document (“Terms” or “Agreement”) is a legally binding agreement made by and between Skin Brilliance (“Company”) and you. By placing an order on tryskinbrilliance.com (the “Website”) or using the services provided on the Website (“Services”), you agree to the terms and conditions set for the below. Please read through these terms carefully before placing your order and print a copy for future reference. Please also read Privacy Policy regarding personal information provided by you, which is incorporated herein by reference. This Agreement contains a mandatory Arbitration clause and Class Action Waiver.

Terms of Trial and Automatic Replenishment Program:
When you place your initial order by checking that you agree to the terms and clicking the “Rush My Trial” button, Company will send you 1 bottle (a 30 day supply) of Skin Brilliance (“Product”), and your credit card provided today will be charged $4.95 (USD) for Shipping & Handling.

IF YOU CHOOSE THE 14–DAY OFFER OPTION, YOU WILL BE ENROLLED IN AUTOMATIC REPLENISHMENT PROGRAM IF YOU DO NOT CALL TO CANCEL WITHIN 14 DAYS AFTER YOUR PURCHASE DATE. Unless you call to cancel within 14 days of you purchase date, beginning 14 days after you place your order, you will be charged $94.99 for the trial product and you will be enrolled in Automatic Replenishment Program. Thereafter, you will receive a fresh 30-day supply of Skin Brilliance every 30 days unless you call to cancel. Each 30-day supply costs $99.94 and is charged to the same card used at the time of your initial order. You can cancel your trial or enrollment in the Automatic Replenishment Program at any time by emailing [email protected] or calling 1-866-769-0075. customer service team is available 24/7 to help your needs!

By proceeding with your purchase, you acknowledge and agree that Company will not obtain additional authorization from you for each future installment of the $99.94 automatic shipment program that will be charged to the payment card you provided initially. In addition, you do not hold responsible for any overdraft charges or fees which you might incur during the ongoing auto-ship program.

Return Policy:
To obtain a refund, you must call at 1-866-769-0075. You will be given a Return Merchandise Authorization (RMA) number. You must write the return merchandise authorization (RMA) number on the outside of the box. Please include your full name and address the return package to:

FDC RETURNS
P.O. BOX #61553
Savannah, GA 31420

RMA#

Company may, in sole discretion, terminate your automatic shipments at any time without notice to you. Company reserves the right to refuse or discontinue the supply of the Product to any user at any time at sole discretion. You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify if your credit card information is cancelled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at the numbers listed on the Website under Customer Service.

To receive your refund, please ship your package USPS and you must postmark your return within 30 days of the purchase date. shipping department is NOT allowed to accept any packages without an RMA number. You are responsible for paying return shipping. Company will not accept or issue a refund for any packages marked return to sender or refused. If you return a package, Company recommends that you get proof of shipment. Upon receipt of your returned product with a valid RMA number, a refund will be issued to your credit card. Once a return is processed, it can take up to one billing cycle for this return to be posted to your account, depending on your financial institution.

Health Disclaimer
Any statements on this site or any materials or supplements distributed or sold has not been evaluated by the Food and Drug Administration (FDA). This product is not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, nursing, taking medication, or have a history of heart conditions Company suggest consulting with a physician before using any of products. The results on all products are not typical and not everyone will experience these results.

Shipping
The standard ground mail service is shipped via United States Postal Service First Class Mail. With Expedited Shipping Option, Company will make your shipment priority. Please be advised that shipments are not sent out on Saturdays, Sundays, or any Holidays. Company does not guarantee arrival dates or times.

Using the Website.
(a) Eligibility. Except as expressly provided below, the Website and Services may only be used by individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from making purchases on the Website. (b) Compliance. You must comply with all of the terms and conditions of this Agreement, the policies referred to below, and all applicable laws, regulations and rules when you use the Website. (c) License and Restrictions. Subject to the terms and conditions of this Agreement, you are hereby granted a limited, non-exclusive right to use the content and materials on the Website in the normal course of your use of the Website. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this Agreement or otherwise, except as expressly set forth in this Agreement. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Website, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services. (d) Prohibited Conduct. In your use of the Website and the Services, you may not: (i) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any party; (ii) defame, abuse, harass, stalk any individual, or disrupt or interfere with the security or use of the Services, the Website or any web sites linked to the Website; (iii) interfere with or damage the Website or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (iv) attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) the Website or create or use a false identity; (v) attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access; (vi) engage, directly or indirectly, in transmission of “spam,” chain letters, junk mail or any other type of unsolicited solicitation; (vii) collect, manually or through an automatic process, information about other users without their express consent or other information relating to the Website or the Services; (viii) use any meta tags or any other “hidden text” utilizing the Product name, trademarks; (ix) advertise, offer to sell, or sell any goods or services, except as expressly permitted by the Website; (x) engage in any activity that interferes with any third party’s ability to use or enjoy the Website or Services; or (xi) assist any third party in engaging in any activity prohibited by this Agreement. (e) Other Users. If you become aware of any conduct that violates this Agreement, Company encourages you to contact Customer Service. Company reserve the right, but will have no obligation, to respond to such communications.

Your Content.

(a) License. By posting, storing, or transmitting any content on or to the Website, you hereby grant a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and sublicense such content in any form, in all media now known or hereinafter created, anywhere in the world. (b) Objectionable Content. Company does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content that you post. Company will not be liable for any damage or harm resulting from any content or your interactions with other users of the Website. Company reserve the right, but have no obligation, to monitor interactions between you and other users of the Website and take any other action to restrict access to or the availability of any material that Company or another user of the Website may consider to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable (including, without limitation, because it violates this Agreement).

Accuracy of Information

Company attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, pricing errors, and other errors or inaccuracies. Company assume no responsibility for such errors and omissions, and reserve the right to: (i) revoke any offer stated on the Website; (ii) correct any errors, inaccuracies or omissions; and (iii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.

Sales Tax

If you purchase any products available on the Website (“Products”), you will be responsible for paying any applicable sales tax indicated on the Website.

Intellectual Property Rights

(a) Copyright. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned or are the property of suppliers or licensors or other companies. You may not use such materials without permission.

(b) Trademarks. The related design marks, and other trademarks on the Website are owned. Page headers, custom graphics, button icons and scripts are trademarks or trade dress Company own. You may not use any of these trademarks, trade dress, or trade names without express written permission.

(c) All comments, feedback, suggestions, ideas, and other submissions (“Comments”) that you disclose, submit or offer in connection with your use of the Website will become exclusive property. Such disclosure, submission or offer of any Comments shall constitute an assignment of all worldwide right, title and interest in all patent, copyright, trademark, and all other intellectual property and other rights whatsoever in and to the Comments and a waiver of any claim based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, and any other legal theory. Company will own exclusively all such right, title and interest and shall not be limited in any way in the use, commercial or otherwise, of any Comments. Company is and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments. You are and shall remain solely responsible for the content of any Comments you make.

Third Party Websites

Website may contain links to other websites on the Internet that are owned and operated by third parties. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement of the applicable website or any association with the website’s operators. Because Company have no control over such websites and resources, you agree that Company are not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.

Indemnification

You agree to defend, indemnify and hold the Website, and its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders or other partners, and employees harmless from any liabilities, losses, actions, damages, claims or demands (“Claims”), including reasonable attorneys’ fees, costs and expenses, made by any third party directly or indirectly relating to or arising out of (a) content you provide to the Website or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your violation of any rights of another, (f) purchases you make on the Website, or (g) your failure to perform your obligations hereunder. If you are obligated to provide indemnification pursuant to this provision, Company may, in sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise, or in any other manner dispose of any Claim without consent.

DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.

(a) DISCLAIMER OF WARRANTIES. COMPANY PROVIDE THE WEBSITE, THE PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS YOU PURCHASE THROUGH THE WEBSITE, THE WEBSITE, THE SERVICES, OR ANY INFORMATION ON IT: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. COMPANY MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT, AND HEREBY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.

(b) HEALTH RELATED INFORMATION. COMPANY PROVIDES INFORMATION ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT AS A SUBSTITUTE FOR THE ADVICE OF A DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. YOU SHOULD NOT USE THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE FOR DIAGNOSING OR TREATING A MEDICAL CONDITION. YOU SHOULD CAREFULLY READ ALL PRODUCT INSTRUCTIONS PRIOR TO USE. (c) EXCLUSION OF DAMAGES. COMPANY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE WEB SITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING.

(d) LIMITATION OF LIABILITY. IN NO EVENT WILL AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE, OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID FOR THE PRODUCTS.

Arbitration and Class Action Waiver

All disputes arising out of or relating to this Agreement (including its formation, performance or alleged breach) or your use of the Website will be exclusively resolved under confidential binding arbitration held in Las Vegas, Nevada before and in accordance with the Rules of the American Arbitration Association, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If for any reason the AAA is unavailable to handle the dispute, then the parties shall mutually agree on an alternative arbitral form for the dispute. The arbitration may proceed telephonically if the claimant so chooses. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, Company will have the right to seek injunctive or other equitable relief in state or federal court located in Las Vegas, Nevada to enforce this TOS or prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.

Said dispute shall be submitted individually by you, and shall not be subject to any class action status. 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 parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable 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 CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST COMPANY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You hereby waive any and all rights to claim punitive, incidental or consequential damages, attorney’s fees and costs and/or the right to have any actual damages multiplied or increased for any reason. You agree that the only damages to which you will be entitled shall be your actual damages associated with this Agreement. All lawsuits, causes of action, disputes or other proceedings not subject to arbitration as a matter of law, if any, shall be brought exclusively in the state or federal courts located in the city of Las Vegas, Nevada. The terms of this section survive any termination of the Agreement.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.

Modification of Terms Use and Conditions of Sale
Company reserve the right to change or modify these Terms at any time and your continued use of this site will be conditioned upon the Terms in force at the time of your use. You can always check the most current version of the Terms at this page.

Termination

Company will have the right to terminate your access to the Website if Company reasonably believes you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Company may, in discretion, cancel any outstanding Product orders. If your access to the Website is terminated, Company reserve the right to exercise whatever means Company deem necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Company choose to terminate it, regardless of whether any account you open is terminated by you or if you have the right to access or use the Website.

Additional Terms.

This Agreement will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Nevada without regard for conflict of law principles. This Agreement and all of your rights and obligations under them may not be assignable or transferable by you without prior written consent. No failure or delay by a party in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. You are an independent contractor, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement, all of which will remain in full force and effect. This Agreement contains the entire understanding between you regarding your use of the Website and Products purchased on the Website, and supersedes all prior and contemporaneous agreements and understandings between you relating thereto.

Contact

You may contact by emailing [email protected] or calling 1-866-769-0075. Company is available 24/7 to assist your needs!