Welcome to Brilliant’s website (brilliantatlanta.com)
By using this website, you agree to the following conditions:
Our Website (the “Site”), www.brilliantatlanta.com, is comprised of various web pages operated by Brilliant Atlanta, LLC. The “Site” is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of www.brilliantatlanta.com constitutes your agreement to all such Terms of Use. Please read these terms carefully and keep a copy of them for your reference.
Our website is an ecommerce site
The purpose of www.brilliantatlanta.com is to provide our customers with an overview and information about our store, merchandise and services. We also offer selected merchandise for sale to online customers.
Electronic communications
Visiting www.brilliantatlanta.com or sending emails to Brilliant Atlanta constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
Any personal identifiable information you transmit or upload to the Site will be handled by Brilliant Atlanta in accordance with its Privacy Policy.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Brilliant Atlanta is not responsible for third party access to your account that results from theft or misappropriation of your account. Brilliant Atlanta and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
The Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.brilliantatlanta.com only with permission of a parent or guardian.
Errors and Inaccuracies
Our goal is to provide complete, accurate and up-to-date information on our Website. Unfortunately, it is not possible to ensure that any website be completely free of human or technological errors. This Website may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and product information. We reserve the right to correct any such errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
Product displays
The appearance of colors and sizes of items may vary slightly depending on photography and the type and settings of the computer monitor you use.
Product pricing
Our prices are subject to change without notice.
Cancellation/refund policy
You may cancel your order at any time for a full refund (net of shipping/handling/insurance) in the form of a credit to the original credit card used to make the purchase. Please contact us at online@brilliantatlanta.com with any questions.
Links to third-party sites/third-party services
Our Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Brilliant Atlanta and Brilliant Atlanta is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Brilliant Atlanta is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brilliant Atlanta of the site or any association with its operators.
No unlawful or prohibited use/intellectual property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.brilliantatlanta.com strictly in accordance with these Terms of Use. As a condition of your use of the Site, you warrant to Brilliant Atlanta that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden or impair the Site or interfere with any other party’s use and end enjoyment of the Site. You may not obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Brilliant Atlanta or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part, found on the Site. Brilliant Atlanta’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Brilliant Atlanta and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Brilliant Atlanta or our licensors except as expressly authorized by these Terms.
International users
The Service is controlled, operated and administered by Brilliant Atlanta from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brilliant Atlanta Content accessed through www.brilliantatlanta.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Brilliant Atlanta, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Brilliant Atlanta reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Brilliant Atlanta in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BRILLIANT ATLANTA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
BRILLIANT ATLANTA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRILLIANT ATLANTA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRILLIANT ATLANTA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Brilliant Atlanta reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Georgia and hereby consents to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Brilliant Atlanta as a result of this agreement or use of the Site. Brilliant Atlanta’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brilliant Atlanta’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Brilliant Atlanta with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Brilliant Atlanta with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brilliant Atlanta with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
Brilliant Atlanta reserves the right, in its sole discretion, to change the Terms under which www.brilliantatlanta.com is offered. The most current version of the Terms will supersede all previous versions. Brilliant Atlanta encourages you to periodically review the Terms to stay informed of our updates.
Contact us
Brilliant Atlanta welcomes your questions or comments regarding the Terms:
Brilliant Atlanta
1144 Canton Street, Suite 103
Roswell, GA 30075
Email address:
online@brilliantatlanta.com
Telephone number:
770.649-1901
Effective as of January 1, 2016