Terms of service

Welcome to the Terms of Service (these "Terms") for the website, www.drinkbrightside.com (the "Website"), operated on behalf of On the Brightside™, Inc., a Massachusetts corporation ("Company," "we," or "us"). The Website and any content, tools, features and functionality offered on or through our Website are collectively referred to as the "Services".

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your legal rights. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Section 9 contains a class action waiver. By agreeing to these Terms, you agree to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services.


Who May Use the Services

You must be 18 years of age or older and reside in the United States or any of its territories to use the Services. Minors under the age of 18 are not permitted to use the Services. By using the Services, you represent and warrant that you meet these requirements.


Orders for Products and/or Services

1. Payment. The Services may permit you to purchase certain physical or digital products through the Services ("Offerings"). You acknowledge and agree that all information you provide with regards to a purchase of Offerings, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue, modify, or limit the available quantity of, any Offerings, and (b) refuse to allow any user to purchase any Offering or deliver such Offerings to a user or a user designated address. When you purchase Offerings, you (a) agree to pay the price for such Offerings as set forth in the applicable Service, and all shipping and handling charges and all applicable taxes in connection with your purchase (the "Full Purchase Amount"), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise noted, all currency references are in U.S. Dollars. Payment can be made by credit card, debit card, or through other means that we may make available. Orders will not be processed until payment has been received in full.

2. Promotional Codes. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotional Codes") that may be redeemed for discounts on future Offerings, subject to any additional terms that the Company establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied by the Company at any time for any reason without liability; (e) may only be used pursuant to the specific terms that the Company establishes; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.

3. Subscription Payment. If you subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. You agree that (a) if you purchase a recurring subscription, we may store and continue billing your payment method to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change subscription plans or adjust pricing at any time in our sole discretion. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable.

4. Subscription Renewals and Cancellations. If you purchase a subscription, your subscription will automatically renew at the frequency referenced on your order and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period. To avoid future subscription charges, you must cancel your subscription before your order has been picked up by our carrier. You may cancel your subscription at any time by logging into your account. Under California law, a subscription offered online must also allow consumers to terminate subscription renewal via an online method.

5. No Subscription Refunds. Except as expressly set forth in these Terms, payments for subscriptions to the Services are non-refundable.

6. Changes and Pricing. The Company may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any Offerings. We reserve the right to change prices for Offerings at any time, and to correct pricing errors that may inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective immediately upon posting.

7. Order Acceptance; Shipment. Once we receive your order, we will provide you with an order confirmation. Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receiving your order to accept or decline your order for any reason. If we cancel an order after you have already been billed, we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. All orders are shipped using one of our third-party couriers. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.

8. Return, Refund and Exchange Policy. We do not accept returns. In the event your order arrives damaged or is confirmed lost, please contact us within 7 days at support@drinkbrightside.com with your order number and supporting details, and we will work to make it right. Full details can be found in our Refund Policy at www.drinkbrightside.com/pages/refund-policy.

9. No Delivery to Children. Users are not allowed to provide the Company with the personal information of any persons under the age of 18 for delivery or shipping purposes or any other reason.


Location of Our Privacy Policy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. Please visit our Privacy Policy at www.drinkbrightside.com/pages/privacy-policy.


Rights We Grant You

1. License Grant. Subject to your compliance with these Terms, the Company grants you a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferable, and non-exclusive license to use the software provided as part of the Services, solely to enable you to use and enjoy the Services as permitted by these Terms.

2. Restrictions On Your Use of the Services. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions or you have our written permission:

  • Download, modify, copy, distribute, transmit, display, reproduce, publish, license, or create derivative works from any information obtained through the Services;
  • Decompile, reverse engineer, or disassemble the Services or any underlying algorithm;
  • Use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, or other proprietary notation displayed on or through the Services;
  • Use automated software, bots, hacks, or modifications designed to alter the Services;
  • Exploit the Services for any commercial purpose without authorization;
  • Access or use the Services in any manner that could overburden, damage, or impair the Services;
  • Attempt to gain unauthorized access to the Services or any connected systems or networks;
  • Introduce any viruses, trojans, worms, or other malicious code into our systems;
  • Use the Services for illegal, harassing, unethical, or disruptive purposes;
  • Violate any applicable law or regulation in connection with your use of the Services.


Ownership and Content

1. Ownership of the Services. The Services, including their look and feel, proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. The Company and/or its licensors own all right, title and interest in and to the Services and all intellectual property rights therein.

2. Ownership of Trademarks. On the Brightside™, its logo, and all related names, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors.

3. Ownership of Feedback. We welcome feedback, comments and suggestions ("Feedback"). Any Feedback you provide does not grant you any right, title or interest in the Services. All Feedback becomes the sole and exclusive property of the Company, which may use and disclose it for any purpose without further notice or compensation to you.


Third Party Services and Materials

Certain Services may display or link to content, data, information, applications or materials from third parties ("Third Party Materials"). The Company is not responsible for examining or evaluating the content, accuracy, completeness, legality, or quality of such Third Party Materials or websites. We do not warrant or endorse third-party services or materials, and links to third-party websites are provided solely as a convenience.


Disclaimers, Limitations of Liability and Indemnification

1. Disclaimers. Your access to and use of the Services are at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted under applicable law, the Company, its parents, affiliates, officers, directors, employees, agents, and licensors (the "Company Entities") DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

2. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, THE COMPANY ENTITIES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES. THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00) OR THE AMOUNT YOU PAID THE COMPANY IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

3. Indemnification. You agree to defend, indemnify and hold the Company Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees) arising out of or in connection with: (a) your violation or breach of these Terms or any applicable law; (b) your violation of any rights of any third party; (c) your access to or use of the Services; or (d) your negligence or willful misconduct.


Additional Provisions

1. SMS Messaging and Phone Calls. Certain portions of the Services may allow us to contact you via telephone or text message. You agree that the Company may contact you at any phone number provided by you in connection with your use of the Services, including for marketing purposes. You are not required to provide this consent as a condition of purchase. You may opt out of text messages at any time by replying "STOP" or by emailing us at support@drinkbrightside.com.

2. Updating These Terms. We may modify these Terms from time to time, in which case we will update the "Last Revised" date below. If we make material changes, we will use reasonable efforts to notify you. Your continued access or use of the Services after modifications become effective constitutes your acceptance of the updated Terms.

3. Termination of License. If you breach any provision of these Terms, all licenses granted by the Company will terminate automatically. All sections which by their nature should survive termination shall continue in full force and effect.

4. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy, and the Company shall be entitled to equitable relief without a bond, other security or proof of damages.

5. California Residents. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by calling (800) 952-5210.

6. Miscellaneous. If any provision of these Terms is found unlawful or unenforceable, that provision shall be deemed severable and shall not affect the validity of any remaining provisions. These Terms may be assigned by the Company but may not be assigned by you without prior written consent from the Company. These Terms are governed by the laws of the State of California, without regard to conflict of laws rules. The proper venue for any disputes shall be the state and federal courts located in Los Angeles County. By agreeing to these Terms, you and the Company each waive the right to trial by jury or to participate in a class action or class arbitration. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.

7. How to Contact Us. You may contact us regarding the Services or these Terms by emailing us at support@drinkbrightside.com.