Terms of Service

These Terms of Use (“Terms of Use”) are made by and between Brilliantherapy.com [hereinafter “BT”], an Arizona corporation, with offices at [insert BT’s address], and you, the user (“you”, “your” or “User”).

This Agreement contains the complete terms and conditions that govern the use of the BT’s website(s) (“Website” or “Websites” or “Site”). BY CLICKING THE “I AGREE” BUTTON BELOW OR BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER BT SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. BT RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT BT’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

 

  1. OVERVIEW OF THE WEBSITE AND SERVICES.BT, through the Website, offers various Services to therapists, parents, and caretakers to provide creative, effective therapy with less effort. Using the Services offered through the Website, users can plan treatment services in less time, allowing for more innovative and effective treatments. Through the Website and Services, users can access information on treatment activities and exercises that can be used in the areas of gross and fine motor coordination, strength, balance, sensory modulation, cognitive training, reflex integration, therapeutic crafts, exercises, and more. Through this information, the Website equips users with tools to address more than 30 different treatment goals, giving users complete discretion to choose which exercises they use and how they tailor the exercises to achieve treatment goals identified by the user. Using the Website and the Services, users can choose from a series of treatment activities published by BTor choose from activities published by other members. As an incentive   to continue participating on the Website and provide contributions to the Website, BT has created a points program (the “BT Points Program”). Each time a user purchases an activity from the Website, the user earns a point. Users can even upload their own activities to the Website and earn points as a result of posting such activities (collectively, with purchase activity points, “BT Points”). Using points earned on the Website, a user can use them towards coupons to purchase additional activities on the Website, apply the points to their membership fees for the Website, or use the points to sponsor another person’s membership on the Website.
  2. ACCESS TO THIS SITE.To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If BT believes the information you provide is not correct, current, or complete, BT has the right to deny you access to this Site, or to any of its resources, to terminate or suspend your access at any time, and revoke any accrued BT Points earned through the BT Points Program.

If you are a licensed therapist, you may have access to additional Services. Such additional access will require that you provide information on any licenses you have acquired from a duly authorized official body that is authorized to provide such licenses. By representing to BT that you are a licensed therapist, you provide BT with permission to contact any licensing agency responsible for granting such license for the purpose of verifying the validity of the license.

  1. APPLICABLE USE OF SITE.You may use this Site only for purposes expressly permitted by this Agreement. As a condition of your use of BT’s Websites, you warrant to BT that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.
  2. NO CO-BRANDING OR FRAMING.You may not use or authorize any party to co-brand or frame any BT Websites without the express prior written permission of an authorized representative of BT in each instance. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, “framing” refers to displaying any BT webpage within a bordered area of another website, regardless of whether the address of the originating BT Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from BT
  3. NO UNLAWFUL ACCESS; IMPROPER ACCOUNTS.You agree that you will not use BT’s Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party’s use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.

You may not have more than one (1) account on BT’s Websites. You expressly agree that you may not use different e-mail addresses to register for more than one (1) account on BT’s Websites. If it is determined that more than one account has been created for the same individual and/or that any improper information has been entered on such accounts, all accounts affiliated with that individual will be immediately cancelled and invalidated. In addition to any criminal proceedings, BT also reserves the right to seek restitution for the full value of any BT Points acquired through improper means as well as legal fees and other costs associated with such action.

  1. PERSONAL AND NON-COMMERCIAL USE LIMITATION.BT’s Websites are for your personal and non-commercial use, unless otherwise specified in writing. You may not use any BT Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of the BT in each instance, which permission will be at BT’s sole and absolute discretion. You must not post, upload or link to anything that advertises any commercial endeavor (e.g., offering for sale any products or services) or otherwise engage in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services), or solicit funds, advertisers, and/or sponsors for any purpose. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to BT’s Websites, in whole or in part.
  2. PROPRIETARY INFORMATION.All content found on the BT Websites (the “Content”) is considered the copyrighted and trademarked intellectual property of BT, or of the party that created and/or licensed the Content to BT. No rights or title to any of the Content contained on any BT Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of BT in each instance, except that you may print out and/or save one copy of the Content for your personal use only.
  3. SUBMISSIONS.  You hereby grant to BT a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to BT through the Websites (each, a “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that BT will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind (except as otherwise provided for under the BT Points Program as discussed in Section 9 in these Terms of Use), and will not incur any liability as a result of any similarities that may appear in future BT operations or businesses.

To receive BT Points for a Submission, the Submission must meet the minimum requirements to be offered through the Websites and must be approved by BT. Any Submissions that are not accepted by BT will not be eligible for an award of BT Points.

In regards to all Submissions, you represent and warrant to BT that (i) you have full power and authority to enter into these Terms of Use; (ii) your Submissions are original to you or you have obtained all permissions, releases, rights or licenses required to grant the rights and assignment granted herein without obtaining any further releases or consents; and (iii) your Submissions do not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, and do not contain any matter that is defamatory.

BT and its licensees may display advertisements and other information adjacent to or included with Submissions on the Websites and other media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.

  1. BTE-BOOK PROGRAM.

Purpose. This Section 9 describes the terms and conditions of your participation in the BT distribution program (the “BT E-Book Program”) and your distribution of digital content through the Website (all such content, “Digital Books”).

Book Sample Delivery. You must provide BT, at your own expense each Digital Book you desire to distribute through the BT E-Book Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the BT E-Book Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code. We may, in our sole discretion, reformat your Digital Book, and you acknowledge that unintentional errors may occur in the process of reformatting of your Digital Book. If any such errors do occur, you may remove the affected Digital Book from further sale in the BT E-Book Program as described below, and this will be your only remedy for the errors. We may also, in our sole discretion, correct any errors existing in a Digital Book file as you deliver it to us.

Content Requirements.   You must ensure that all Digital Book content is in compliance with BT’s BT E-Book Program Policies for content at the time you submit it to us. If you discover that content you have submitted does not comply, you must immediately withdraw the content by un-publishing it or by re-publishing content that complies through the BT E-Book Program procedures for Digital Book withdrawal or re-publishing. We are entitled to remove or modify the metadata and product description you provide for your Digital Books for any reason, including if we determine that it does not comply with our content requirements. You may not include in any Digital Book any advertisements or other content that is primarily intended to advertise or promote products or services. You must ensure that all metadata you provide to us is current, complete, and accurate. If you discover that any metadata you have provided to us for a Digital Book in inaccurate or incomplete, you must promptly submitted corrected metadata to us through the BT E-Book Program procedures for metadata submission.

Book Rejection. We are entitled to determine what content we accept and distribute through the BT E-Book Program in our sole discretion. If we request that you provide additional information relating to your Digital Book, such as information confirming that you have all rights required to permit our distribution of the Digital Book, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Digital Book and the accuracy of the information or documentation you provide to us with respect to those rights.

Book Withdrawal. You may withdraw your Digital Book from further sale in the BT E-Book Program at any time on five business days advance written notice by following the guidelines provided in the BT E-Book Program Procedures. We may fulfill any customer orders completed through the date the Digital Books are available for sale. All withdrawals of Digital Books will apply prospectively only and not with respect to any customers who purchased the Digital Book prior to the date of removal.

Marketing and Promotion. We will have sole discretion in determining all marketing and promotions related to the sale of your Digital Book through the BT E-Book Program and may, without limitation, market and promote your Digital Book by making chapters or portions of your Digital Book available to prospective customers without charge, and by permitting prospective customers to see excerpts of your Digital Book in respect to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any Digital Book, or to continuing marketing, distributing or selling a Digital Book after we have commenced doing so.

Pricing.  The list price you provide to us is referred to in these Terms of Use as “List Price.” To the extent not prohibited by applicable laws, we have sole and complete discretion to set the retail customer price at which your Digital Book is sole through the BT E-Book Program. You understand that the retail customer price may differ from the List Price. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service, and will have sole ownership and control of all data obtained from customers and prospective customers in connection with the BT E-Book Program.

Payment of Sale Proceeds. If you are not in breach of your obligations under these Terms of Use, for each Digital Book sold to a customer through the BT E-Book Program, BT will pay you the applicable List Price, less an administrative fee of $275. BT will pay you from sale of a Digital Book through BT E-Book Program approximately 60 days following the end of the calendar month during which the sales were made. We may require you to provide certain information or to register a valid bank account in your BT profile/account in order to receive payments from the BT E-Book Program, in which case we will not be obligated to make any payments to you unless you have provided such bank account information to BT. We may establish other payment policies from time to time, such as minimum payment amounts for different payments methods and check fees.

Payment Disputes. You may not bring a suit or other legal proceeding against us with regard to any statement unless you bring it within four months after the date the statement is available. Any such proceeding will be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest.

Payment Offsets. We can withhold any payments of revenues from your Digital Books sold through the BT E-Book Program and offset them against future payments as indicated below. Our exercise of these rights does not limit other rights we may have to withhold or offset revenue payments or exercise other remedies.

  • If we pay you revenue from a sale of your Digital Book and later issue a refund, return, or credit for that sale, we may offset the amount of the revenue payment previously paid for the sale against future revenue payments, or require you to remit that amount to us.
  • If a third party asserts that you did not have all rights required to make one of your Digital Books available through the BT E-Book Program, we may hold all revenue payments due to you until we reasonably determine the validity of the third party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and warranties or BT’s Content Guidelines  with regard to a Digital Book, we will not owe you any revenue payment for that Digital Book and we may offset any of those revenue payments that were previously paid against future revenue payments, or require you to remit them to us.
  • If you breach your representation and warranties under these Terms of Use or BT’s Content Guidelines, you forfeit all revenue payments not yet paid to you. If after we have terminated your account you open a new account without our express permission, we will not owe you any revenue payments through the new account.
  • If we determine in our sole discretion that deceptive, fraudulent, or illegal activity has occurred with respect to your Digital Book or your BT E-Book Program or Website account, then we may permanently withhold payments to you, and we may offset any payments previously paid against future payments or require you to remit them to us. We will use these funds to offset the costs of our enforcement efforts and/or to compensate third parties harmed by deceptive, fraudulent, or illegal conduct.

Taxes. BT is responsible for collecting and remitting any and all taxes imposed on their respective sales of Digital Books to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by BT through the BT E-Book Program. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. BT maintains the right, however, to deduct or withhold any and all applicable taxes from any amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.

Grant of Rights. Through your participation in the BT E-Book Program, you grant BT a nonexclusively, irrevocable, right and license to distribute Digital Books, directly and through third-party distributors, in all formats you choose to make available through the BT E-Book Program by all distribution means available. This right includes, without limitation, the right to: (a) reproduce, index and store Digital Books on one or more computer facilities, and reformate, convert and encode Digital Books; (b) display, market, transmit, distribute, sell, license and otherwise make available all or any portion of Digital Books through BT’s Website, for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to “store” Digital Books that they have purchased from BT on servers and to access and re-download such Digital Books from such servers from time to time; (d) display and distribute (i) your trademarks and logos in the form you provide them to us or within Digital Books (with such modifications as are necessary to optimize their viewing), and (ii) portions of Digital Books, in each case solely for the purposes of marketing, soliciting and selling Digital Books and related BT offerings; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata that you provide in connection with Digital Books, and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Digital Books as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g. caching to enable display).

Rights Clearances and Rights Dispute Resolution. You will obtain and pay for any and all necessary clearances and licenses for the Digital Book to permit our exercise of the rights granted to us under the Terms of Use without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner. If you notify us through the procedure we provide on our Website (or any other medium) for making claims of copyright infringement that a third party has made a Digital Book available for distribution through the BT E-Book Program that you have the exclusive right to make available under the BT E-Book Program, then, upon your request and after verification of your claim, we will pay you the revenue due in connection with any sales of the Digital Book through the BT E-Book Program, and will remove the Digital Book from future sale through the BT E-Book Program, as your sole and exclusive remedy.

Representations, Warranties, and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform your obligations in connection with the BT E-Book Program and will comply with this Section 8 of these Terms of Use; (b) prior to you or your designee’s delivery of any content, you will have obtained all rights that are necessary for exercise of the rights granted under these Terms of Use; (c) neither the exercise of the rights authorized under this Section 8 of these Terms of Use nor any materials embodied in the content nor its sale or distribution as authorized in this Section 8 of these Terms of Use will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Digital Books delivered under the BT E-Book Program comply with the technical delivery specifications provided by us; (e) you will not attempt to exploit any services offered by BT. To the fullest extent permitted by applicable law, you will indemnify, defend and hold BT, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Section 8 of these Terms of Use. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.

  1. BTPOINTS PROGRAM.

Eligibility. Eligibility to participate in the BT Points Program and earn and accrue BT Points to use toward purchases and other incentives on the Websites and for the Services is restricted to accounts that are deemed by BT (in its sole discretion) to be in compliance with these Terms of Use.

Points Earned. The amount of BT Points that a user can earn through the Websites and access and use of the Services will be set and determined by BT in their sole discretion. A user is eligible to receive BT Points under the BT Points Program for completing or engaging in the following activities: (i) Creating an account on the Websites; (ii) Purchase of Services through the Websites; or (iii) Provides a Submission to the website that is accepted by  BT.

Rights Reserved. BT may (i) change the amount of BT Points in any account as a result of the account holders failure to comply with these Terms of Use; (ii) change the number of BT Points required to apply to any purchases or other incentives offered by BT through the Websites; (iii) change the number of BT Points that may be earned for various earn opportunities; (iv) impose limits and/or fees on BT Points earnings and/or on the redemption of BT Points; (v) change the list of purchases or incentives that BT Points may be applied to; (vi) change the name of the currency from BT Points, add additional currencies, determine the value of any new currency as compared to BT Points (conversion rate); or (vii) as permitted by its third party contractual obligations, cancel any of the earn opportunities, purchase or incentive offerings or any other redemption options or program(s) without notice. Your continued use of the Websites after any posted modification of these Terms of Use indicates your acceptance and agreement to the modification.

No Cash Value of Transfer. BT Points (i) do not constitute property of a user; (ii) are not transferable; (iii) cannot be combined with BT Points for another account owned by a different user unless specifically made available to the user under certain conditions that are set by BT; (iv) are not redeemable for cash or any other form of currency or credit; (v) have no fixed or ascertainable cash value; and (vi) cannot be returned, exchanged, refunded or replaced by cash or BT Points, except as expressly stated in these Terms of Use.

Receipt of Rewards. User must promptly notify BT of (a) any discrepancy in the BT Points; (b) non-receipt of BT Points for completing a certain activity as specified in these Terms of Use; or (c) failure to receive a purchase or incentive in exchange for BT Points exchanged by user. Upon receipt of such notification, BT will investigate, and may, if appropriate (i) correct the discrepancies, or (ii) replace any non-received purchase or incentive, provided that the user submits a properly completed Form of Lost Shipment within thirty (30) days of the shipment date. If BT does not receive such notification of such Form of Lost Shipment within thirty (30) days of the shipment date, the shipment will be deemed to be satisfactory and accepted by the user. BT is not responsible for replacement of any purchase or incentive that is not received due to failure to provide accurate delivery information, including address and full name. If a user desires to have BT resend a purchase or incentive returned to BT as undeliverable, administrative charges and delivery fees may apply at the discretion of BT.

Taxes. User is responsible for any fees, taxes and charges for any personal or corporate state, federal, provincial or other tax liabilities, if any, related to the user’s participation in the BT Points Program.

Auditing: BT will utilize commercially reasonable efforts in accurately accounting for accrual and redemption of BT Points. Without limiting the foregoing, BT reserves the right to:

(a)   audit any individual account at any time for compliance with these Terms, without notice to the account holder; and

(b)   Change accrued BT Point totals without notification if such an audit reveals errors, inaccuracies or miscalculations.

If a User becomes aware of any discrepancy in their BT Points balances, accruals, redemptions or calculations, the User must notify BT promptly, but in no event more than thirty (30) days after the account balance of a transaction change occurs. Otherwise, BT Points calculations will be deemed accurate and the User waives any claim for future adjustment or adjudication.

  1. HYPERLINKING.This Site may be hyperlinked to and by other websites which are not maintained by, or related to, BT. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or BT. BT has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a BT Website to another web page should be accessed at the User’s own risk. BT makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.
  2. USE OF COMMUNICATION SERVICES.BT’s Websites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:

(i) you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);

(ii) advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;

(iii) is vulgar, obscene, pornographic, incendiary, or indecent;

(iv) threatens or abuses others;

(v) is libelous or defamatory towards others;

(vi) is racist, abusive, harassing, threatening or offensive;

(vii) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;

(viii) harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;

(ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;

(x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);

(xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;

(xii) solicits funds, advertisers or sponsors for any purpose;

(xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;

(xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;

(xv) amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;

(xvi) disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or

(xvii) contains hyperlinks to other sites that contain content that falls within the scope of this Section.

You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither BT nor any third party that provides Content to BT will assume or have any liability for any action made by BT or such third party with respect to any submission.

You acknowledge that the Website may or may not pre-screen materials uploaded to the Communication Service, yet the Website and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Website in its sole discretion.

The Website reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Website will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.

WHILE THE WEBSITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE WEBSITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.

YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE WEBSITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE WEBSITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.

  1. RIGHT TO TERMINATE ACCESS.BT reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. BT reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. In the event that your access to the Websites is terminated, any BT Points that you have accumulated through the BT Points Program will be forfeited to BT.
  2. DISCLOSURE UNDER LAW.BT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
  3. PERSONALLY IDENTIFIABLE INFORMATION.BT cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, BT agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at [insert link to Privacy Policy] , as well as in conformance with all applicable laws, rules, and regulations. You acknowledge that to the extent that you include personally identifiable information in any Submissions to the Websites, BT may republish such information.
  4. DISCLAIMER & LIMITATIONS ON LIABILITY.You understand that BT cannot and does not guarantee or warrant that files available for downloading from the BT Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. BT further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. BT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. BT DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY BT WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

BT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES ASSOCIATED IN ANY WAY WITH YOUR USE OF THE WEBSITES OR THE SERVICES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORSEEABLE.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BT FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

  1. INDEMNITY.YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.
  2. TRADEMARKS AND COPYRIGHTS.Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, “Intellectual Property”) appearing on this Site are the property of BT. BT retains all rights with respect to any of its Intellectual Property appearing on the Websites and do not transfer at any time to user and/or any other third party. All contents of BT’s Websites are ©Brillianttherapy.com 2017.
  3. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BT’s copyright agent (as designated herein) all of the written information specified below. Please note that this procedure is exclusively for notifying BT and its affiliates that your copyrighted material has been infringed. Please include the following:

— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

— A description of the copyrighted work that you claim has been infringed upon;

— A description of where the material that you claim is infringing is located on the Site, including the current Website address;

— Your address, telephone number, and e-mail address;

— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, and/or the law;

— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

BT’s Copyright Agent for notice of claims of copyright infringement on its Websites can be reached as follows:

Copyright Agent:

Suzette Peterson

615 Daisy Court | Redlands, CA 92374

phone: (909) 374-1000

e-mail: suzette@apcomp.net

  1. SECURITY. Any passwords used for the Websites are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, BT may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Websites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, BT reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. BT reserves the right to investigate suspected violations of these Terms of Use. BT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing BT to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD BT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BT OR LAW ENFORCEMENT AUTHORITIES.

  1. DISPUTES.Any dispute or claim relating in any way to (or arising in any way from) these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court in Maricopa County, Arizona if your claims qualify. The United States Federal Arbitration Act and federal arbitration law apply to these Terms of Use. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, arbitration can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Jacqueline Fox with an address of 13637 E Whitethorn Dr., Scottsdale AZ 85262. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, 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 (in the United States). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
  2. APPLICABLE LAW.The United States Federal Arbitration Act, applicable United States federal law, and the laws of the state of Arizona, USA, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and BT relating to these Terms of Use.
  3. PROPER USE OF INFORMATION ON THE WEBSITE.By viewing, using, and interacting with the material contained in this Website and with the associated material, you agree that use of this material is for information only and reflects the opinions of the publisher, distributor, owner and author of this program only. The information and all materials on this Website are provided only for instructional and reference purposes and do are not intended to be a substitute for professional medical or psychological advice, diagnosis, or treatment. Always seek the advice of your physician, psychologist, or other qualified health provider with any questions you may have regarding a medical or psychological condition. If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by BT or this Website is solely at your own risk.
  4. MISCELLANEOUS.
  5. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
  6. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BT as a result of this Agreement or use of BT’s Websites.
  7. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and BT with respect to BT’s Websites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of its Services. BT may revise these Terms of Use at any time by updating this posting. You should review the Agreement from time to time to determine if any changes have been made to the Agreement. Your continued use of the Website after any changes have been made to this Agreement signifies and confirms your acceptance of any changes or amendments to this Agreement.
  8. The failure of BT to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BT must be in writing and signed by an authorized representative of the BT.
  9. The section titles in the Agreement are for convenience only and have no legal or contractual effect.
  10. BT may modify, delete from, or terminate these Terms, Submissions, the BT Points Program, or the BT Points Programs rules, processes, regulations, and reward partners, or rewards themselves, and special offers at any time, with or without notice. BT may: (i) change the amount of BT Points in any account; (ii) change the number of BT Points required to redeem a particular reward; (iii) impose caps and/or fees on BT Points earnings and/or on the redemption of BT Points; (iv) change the list of rewards available or the number of BT Points required to obtain a reward; or (v) cancel any of the programs without notice. Your continued use of the Websites after any posted modification to these Terms indicates your acceptance of the modification.
  11. The Websites will be unavailable from time to time, whether for maintenance or other reasons. BT does not assume any responsibility for any error, omission, interruption, deletion, delay, communications line failure, theft, destruction or unauthorized access to any portion of the Websites.

Please report any violations of this Agreement to the BT [gym5info@gmail.com]   If you have any questions regarding this Agreement, please contact us.