Terms of Use and Conditions

 

Agreement between User and ishinebrite.com

Welcome to ishinebrite.com. The ishinebrite.com website (the “Site”) is comprised of various web pages operated by I Shine Brite. ishinebrite.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of ishinebrite.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 ishinebrite.com is an E-Commerce Site providing online education, coaching, and community forum for discussion.

 Privacy

Your use of ishinebrite.com is subject to I Shine Brite’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 Electronic Communications

Visiting ishinebrite.com or sending emails to I Shine Brite 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.

 ONLINE COMMERCE

Certain areas of the Website or its Content may let you to make purchases from us or other merchants. If you make a purchase on or through our Website or its Content, we, the merchant, and our payment processing firm may collect all information gathered during your purchase or transaction, including your name, address, method of payment, credit card number, and billing information. Please examine our Privacy Statement to see how we safeguard your personal information.

Your participation, correspondence, or business dealings with any affiliate, individual, or company found on or through our Website, as well as all purchase-related terms, conditions, representations, and/or warranties associated with payment, refunds, and/or delivery, are solely between you and the merchant. You acknowledge that we are not responsible or liable for any loss, damage, refunds, or other matters of any kind that result from such dealings with a merchant.

Payment processing processors and merchants may have different data collecting and privacy policies than we do. These autonomous policies of payment processing firms and Merchants are not our duty or liability. In addition, when you make some purchases using our Website or its Content, you may be subject to the additional terms and conditions of a payment processing provider, Merchant, or us that apply directly to that purchase. To learn more about a Merchant and any applicable terms and conditions, visit the Merchant’s website and click on the links for additional information, or contact the Merchant directly.

You release us, our affiliates, our payment processing firm, and Merchants from any damages you experience and agree not to assert any claims against us or them originating from your use of or purchase through our Website or its Content.

 Your Account

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 I Shine Brite is not responsible for third party access to your account that results from theft or misappropriation of your account. I Shine Brite and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 Children Under Thirteen

I Shine Brite 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 ishinebrite.com only with permission of a parent or guardian.

 Cancellation/Refund Policy

Guarantees of quality and refunds
Any consumer may request a refund within 10 days of purchasing a program (in full or in installments), regardless of the cause.
The two conditions listed below must be completed in order to receive a refund:

Customer will respond to a few questions.
The Customer must return and destroy all electronic materials received, regardless of whether or not they were utilized.
The buyer does not receive a refund until they receive confirmation that the materials have been removed.
Non-payment will result in the termination of program access.
The Essential Parenting curriculum can be paid for in full or in installments, depending on the customer’s preferred form of payment.
The interruption of payment will result in the account being completely barred until the following payment.
Customers may terminate the program and cease making payments at any time (including after the initial 10 days) under the following conditions:
Because the program has not been paid in full, it is the customer’s responsibility to return any and all electronic items already received, regardless of whether they have utilized them.
The online account will be suspended if the program is not paid in full.
The remaining installments may be paid at any time in the future, but without the registration-time discount (if a discount has been provided under a special offer).
Alterations to the Website
I Shine Brite maintains the right to change, suspend, or discontinue the Website or any portion of the Website at any time, for any or no reason, and without prior notice. You agree that I Shine Brite is not liable to you or any third party in the event that the Website is modified, suspended, or discontinued. I Shine Brite reserves the right to alter the Website’s content, information, and materials at its discretion.

 NO WARRANTIES ARE MADE REGARDING OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DO NOT WARRANT THAT THE SITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE SITE, CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

Technology Disclaimer

We attempt to ensure that the accessibility and delivery of our website and its content are error-free and uninterrupted. However, we cannot promise that your access will not be interrupted or restricted from time to time, including for repairs, maintenance, or updates, while we will endeavor to reduce the frequency and duration of such suspensions or restrictions. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website or its Content become unavailable or access to them becomes slow or incomplete for any reason, including system back-up procedures, internet traffic volume, upgrades, general network failures or delays, or any other cause which may from time to time render our Website or its Content inaccessible to you.

Protecting Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio and the design, selection, and arrangement thereof) are owned by I Shine Brite, its affiliates, or their respective licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rigors.

You may use the Website for any lawful personal or business purpose, subject to the restrictions outlined in these Terms (“Permitted Use”). You are prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the content on our website.

Your computer may temporarily store copies of certain files in RAM to facilitate your access to and viewing of these files.

You are able to store files that are automatically cached by your web browser to improve display.

You may print a fair number of pages for the Permitted Use, but not for additional reproduction, publication, or distribution.

If we offer downloadable desktop, mobile, or other programs, you may download a single copy to your computer or mobile device only for the Permitted Use, provided you agree to be governed by our end user license agreement for such applications.

You must not:

Modify copies of any site-based materials.

Remove or modify any notices of copyright, trademark, or other property rights from copies of content on this website.

You must not access or use for any commercial purposes any component of the Website or any services or materials available via the Website.

If you print, copy, edit, download, or otherwise use or provide access to any portion of the Website in violation of these Terms, your permission to use the Website will terminate immediately, and you must return or delete any copies of the contents you have created, in our discretion. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and I Shine Brite and its licensors reserve all rights not expressly granted. Any use of the Website that is not expressly permitted by these Terms is a violation of these Terms and may be in violation of copyright, trademark, or other laws. You may not use our logos, trade names, trademarks, patents copyrights, or other intellectual property right, whether shown on the Website or otherwise, except as expressly allowed by us in writing.

 Inaccuracies and Omissions We provide no warranty or assurance as to the accuracy, timeliness, performance, completeness or suitability of the information on our Website or its Content. We have made every attempt to provide you with the most accurate and current information; nevertheless, due to the nature of scientific research, we cannot be held liable or accountable for the correctness of our content. We assume no responsibility for any errors or omissions on the Website, its Content, or in any other information connected to or referenced by the Website. You agree that such material may contain inaccuracies or errors to the fullest degree permitted by law.

 Links to Third Party Sites/Third Party Services

ishinebrite.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of I Shine Brite and I Shine Brite 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. I Shine Brite is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by I Shine Brite of the site or any association with its operators, nor do we guarantee their correctness or reliability. Since we have no control over the content or performance of those websites, we cannot be held liable for any loss, damage, or other consequence that may result from your use of them. You are responsible for reviewing the terms and conditions and privacy policies of connected websites to confirm that you understand and agree to these policies.

 Certain services made available via ishinebrite.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ishinebrite.com domain, you hereby acknowledge and consent that I Shine Brite may share such information and data with any third party with whom I Shine Brite has a contractual relationship to provide the requested product, service, or functionality on behalf of ishinebrite.com users and customers.

 No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use ishinebrite.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to I Shine Brite that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. 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 enjoyment of the Site. You may not obtain or attempt to 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 I Shine Brite 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. I Shine Brite 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 I Shine Brite 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 I Shine Brite or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete 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 uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 I Shine Brite has no obligation to monitor the Communication Services. However, I Shine Brite reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. I Shine Brite reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 I Shine Brite reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in I Shine Brite’s sole discretion.

 Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. I Shine Brite does not control or endorse the content, messages or information found in any Communication Service and, therefore, I Shine Brite specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized I Shine Brite spokespersons, and their views do not necessarily reflect those of I Shine Brite.

 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 Materials Provided to ishinebrite.com or Posted on Any I Shine Brite Web Page

I Shine Brite does not claim ownership of the materials you provide to ishinebrite.com (including feedback and suggestions) or post, upload, input or submit to any I Shine Brite Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting I Shine Brite, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 No compensation will be paid with respect to the use of your Submission, as provided herein. I Shine Brite is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in I Shine Brite’s sole discretion.

 By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 YOUR CONDUCT

You undertake not to use our Website or its Conduct in a manner that causes or is likely to cause the Website, its Content, or access to them to be interrupted, damaged, or impeded in any way. You acknowledge that you are solely responsible for all electronic communications and content sent from your computer to this Site’s Content and to us.

You agree to purchase products or services solely for yourself or for a third party for whom you have express agreement to supply their name, address, payment method, credit card number, and billing information.

You agree to be financially responsible for all purchases made through the Website or its Content by you or someone acting on your behalf. You undertake to use the Website and its Content solely for lawful, noncommercial purposes and not for speculative, false, fraudulent, or criminal reasons.

You may only utilize the Website and its Content for legal reasons. You agree to refrain from using the Website or its Content in the following ways:

For fraudulent purposes or in conjunction with a crime, or to engage in any other illegal action

To send, use, or re-use any content that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, threatening, objectionable, invasive of privacy, in breach of confidence, or infringing on intellectual property rights, or that could otherwise cause injury to others.

To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not \To cause annoyance, inconvenience or needless anxiety

To impersonate a third party or otherwise misrepresent the source of your donations is prohibited.

To replicate, duplicate, copy, or resell any portion of our Website or its Content in violation of these Terms and Conditions or any other agreement with us.

 International Users

The Service is controlled, operated and administered by I Shine Brite 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 I Shine Brite Content accessed through ishinebrite.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 I Shine Brite, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s 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. I Shine Brite 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 I Shine Brite in asserting any available defenses.

 Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and I Shine Brite agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 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. I SHINE BRITE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 I SHINE BRITE 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 WARRANTY OR CONDITION OF ANY KIND. I SHINE BRITE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL 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 I SHINE BRITE 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 I SHINE BRITE 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

I Shine Brite 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 Connecticut and you hereby consent to the exclusive jurisdiction and venue of courts in Connecticut 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 I Shine Brite as a result of this agreement or use of the Site. I Shine Brite’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of I Shine Brite’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 I Shine Brite 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, then 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 I Shine Brite with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and I Shine Brite 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 to the parties that this agreement and all related documents be written in English.

 Changes to Terms

I Shine Brite reserves the right, in its sole discretion, to change the Terms under which ishinebrite.com is offered. The most current version of the Terms will supersede all previous versions. I Shine Brite encourages you to periodically review the Terms to stay informed of our updates.

 Contact Us

I Shine Brite welcomes your questions or comments regarding the Terms:

 I Shine Brite  

 Email Address:

jenny@ishinebrite.com

 Telephone number:

203-689-0856

 

Effective as of December 21, 2022