Privacy and Terms of Use

Simply Brilliant LLC recognizes the importance of our customers' privacy, and takes a number of steps to protect that privacy. The following discloses the information gathering and dissemination practices for our Web site.

SIMPLY BRILLIANT LLC PRIVACY POLICY
Simply Brilliant LLC believes in protecting the privacy of its customers. The purpose of this privacy policy is to describe the kinds of information that we may gather about you; how we may use that information; how we protect it; when we may disclose it; and the choices you have regarding your information.

By visiting the Site, you are consenting to the practices described in the current version of this privacy policy. If you have visited the Site previously, please review the privacy policy again to be sure you are familiar with its present terms. Recent changes to the privacy policy can be found below under Privacy Policy Changes.

If you have any questions or concerns about the privacy or security of your information, you may contact us at:

NON-PERSONAL INFORMATION THAT WE COLLECT
We automatically collect non-personally identifiable information from you when you visit our Site. This information includes your Internet Protocol ("IP") address, which is the number automatically assigned to your computer whenever you access the Internet. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our server and to administer our Site.

We also collect non-personally identifiable information through the use of cookies. A cookie is an alphanumeric file that a Web site puts on your hard drive so that it can remember something about you while you are using the Site or when you return to the Site. Cookies make it easier for you to use our Site. We use a cookie in order to retain the contents in your shopping cart while you are checking out other areas on our Site. When you are done, the products in your cart are still there for you to buy.

Simply Brilliant LLC, its advertisers and ad servers may also use cookies, as well as files called "Web beacons" or "clear gifs" to determine on an anonymous basis which advertisements and promotions our Site users have seen and how users responded to them. However, we do not use these technologies to collect personally identifiable information.

PERSONAL INFORMATION THAT WE COLLECT
We may collect your personally identifiable information, such as your name, shipping address, billing address, email address, phone number and credit card number, in the course of processing your order, or when we otherwise communicate with you. For example, through the order forms on our Site, we collect personally identifiable information necessary for shipping products that you purchase. We also may collect your financial information (like your credit card number and billing address) and your contact information (like your email address, phone number and shipping address). Financial information that is collected is used to bill you for products that you request. Contact information from the order form is used to send orders and information about our company to you.

If you register for email or if you provide your email address to us, we may send you occasional emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, of environmental issues we think are important and of events taking place in stores near you. If you currently receive our emails and do not wish to continue receiving them, please see the "How to remove your name from our mailing, sharing or email list" section below.

We use your shipping address to ship your products to you and to send catalogs and other mailings to you. We use your billing address, if different than your shipping address, to verify your billing information. We never share our customer names or addresses, e-mail addresses, or other personally identifiable information, other than to the limited extent described in the "Consenting to Uses of Your Information" section below. If you do not wish to receive catalogs or other mailings from us, please see the "How to remove your name from our mailing, sharing or email list" section below.

CONSENTING TO USES OF YOUR INFORMATION
We only collect your personally identifiable information when you voluntarily submit it for the purposes of purchasing or ordering a product, or when you otherwise contact us online, in our stores, by telephone, or by mail. By initiating an order or other communication with us, you are consenting to our collection and use of your personal information for that specified purpose.

If you do consent to a use of your information beyond that required to fulfill the purpose for which your information was collected, you may withdraw that consent by at:

We do not disclose your personal information to other companies, persons or agencies, except for the purposes described below:

* For Your Protection and Ours: We may release personally identifiable information when we believe it is appropriate to comply with applicable law regulation, legal process, or governmental request; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of Simply Brilliant LLC, our customers, our employees or others.

* Business Transfers: As we continue to develop our business, we might sell or buy subsidiaries or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing privacy policy (unless, of course, the customer consents otherwise). Also, in the event that Simply Brilliant LLC or substantially all of its assets are acquired, customer information will be one of the transferred assets.

HOW TO REMOVE YOUR NAME FROM OUR MAILING, SHARING OR EMAIL LIST
Our Site provides you the choice to receive communications from us at the point where we request information about you.

Remove
Our Site gives you the following options for removing your information from our database to not receive future communications, or to no longer receive our service, or to not share your name and address with other companies.

1. You may send an email to:

2. You may send mail to the following address:

Customer Service
P.O. Box 856
Hood River, OR 97031

3. You may call the following telephone number: 1-888-557-6464

Correct/Update
This Site gives you the following options for changing and modifying information previously provided.

1. You may send an email to

2. Send mail to the following postal address:

Customer Service
P.O. Box 856
Hood River, OR 97031

3. You may call the following telephone number: 1-888-557-6464

SHOPPING AT OUR SITE
Simply Brilliant LLC works to protect your personal information by using security standards appropriate to the sensitivity of the information, whether that information is collected and/or stored online or offline. We make reasonable and appropriate effort to safeguard such information from loss, theft, unauthorized access, disclosure, copying, use, modification, or destruction.

Specifically, we work to protect the security of your online order by using Secure Sockets Layer (SSL) technology. SSL encrypts the information that you transmit from your computer to Simply Brilliant LLC Web Site servers. If you are using a Netscape browser, you can check the security of your connection by looking at the lower left-hand corner of your browser window after accessing the server. For Internet Explorer, check the little boxes near the lower right-hand corner. If you see an unbroken key or a closed lock (depending upon your browser), then SSL is active. Please refer to the following chart to see which security symbols are used in your browser.

Browser Non-Secure
Symbol 		Secure
Symbol
Internet Explorer
Firefox
Netscape 4.0 and above
Netscape (ealier versions)
 

Some versions of browsers and some firewalls do not permit communication through secure servers. If you are unable to connect to a secure server or cannot determine that you have a secure connection, please place your order by telephone by calling us at 1-888-557-6464.

CHILDREN
Simply Brilliant LLC does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the Site only with the participation of your parent or guardian.

HOW TO CONTACT US ABOUT YOUR PRIVACY
If you have any questions about our privacy policy, the practices of our Site, or your dealings with our Site, you can contact:

PRIVACY POLICY CHANGES
If we decide to change our privacy policy, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. This privacy policy is effective as of September 1, 2004. This policy was last updated: May 4, 2005.

TERMS OF USE AGREEMENT
This Web Site is hosted by Simply Brilliant LLC.
By using this Site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). Please read these terms carefully. By using this Site you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Site. In addition, when you use any current or future version of this Site or any other Simply Brilliant LLC Web Site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records.

We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement.

PRIVACY
Please review our privacy policy, which also governs your visit to the Site, to understand our privacy practices. The terms and conditions of our privacy policy are incorporated herein and made a part of this Agreement.

ORDERS
Simply Brilliant LLC does sell products for children, but it does not sell products to children. Simply Brilliant LLC only sells products to adults, ages 18 years and older, who can purchase them with a credit card. Simply Brilliant LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if Simply Brilliant LLC believes that user conduct violates applicable law or is harmful to the interests of Simply Brilliant LLC or its affiliates.

TRADEMARKS
SHOCKLES®, SOLLIGHT® and LIGHTCAP® are registered trademarks of Simply Brilliant LLC in the United States and other countries.

All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all Simply Brilliant LLC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Simply Brilliant LLC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Simply Brilliant LLC or any third party.

COPYRIGHT
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Simply Brilliant LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Simply Brilliant LLC or any third party.

The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without the express written consent of Simply Brilliant LLC or its lawful successors and assigns. For usage permission, Contact Us.

LICENSE AND SITE ACCESS
Simply Brilliant LLC grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Simply Brilliant LLC. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Simply Brilliant LLC. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Simply Brilliant LLC and our affiliates without express written consent. You may not use meta tags or any other hidden text using Simply Brilliant LLC's name or trademarks without the express written consent of Simply Brilliant LLC. Any unauthorized use terminates the permission or license granted by Simply Brilliant LLC.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Simply Brilliant LLC so long as the link does not portray Simply Brilliant LLC or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Simply Brilliant LLC logo or other proprietary graphic or trademark as part of the link without express written permission. You may not make any other part of this Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from Simply Brilliant LLC.

THIRD PARTY AND CO-BRANDED WEB SITES
This Site may contain hyperlinks ("links") to Web Sites operated by persons or entities other than Simply Brilliant LLC ("third-party Web Sites") or to co-branded Web Sites operated by a third party, including affiliates ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from Simply Brilliant LLC to a third-party Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you use any content at any third party or co-branded Web Sites to which you might link from our Site. SIMPLY BRILLIANT LLC IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

YOUR RESPONSIBILITIES
You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from Simply Brilliant LLC. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Simply Brilliant LLC or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

By using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:

a. Accessing data not intended for you or logging into a server or account that you are not authorized to access;
b. Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site;
d. Sending unsolicited email, including promotions and/or advertising of products or services, and
e. Forging any TCP/IP packet header or any part of the header information in any email or posting.

RISK OF LOSS
All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Simply Brilliant LLC. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Simply Brilliant LLC delivers these items to the carrier.

PRODUCT INFORMATION
Simply Brilliant LLC attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. Most Simply Brilliant LLC products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.

COLORS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any color will be accurate.

THE SIMPLY BRILLIANT LLC GUARANTEE
Simply Brilliant LLC guarantees every product we make. If you are not satisfied with one of our products at the time you receive it, or if one of our products does not perform to your satisfaction, you may return the product to the store from which you bought it or to Simply Brilliant LLC for repair, replacement, or refund in accordance with Simply Brilliant LLC's warranty policy. Damage due to wear and tear will be repaired at a reasonable charge.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS SITE IS PROVIDED BY SIMPLY BRILLIANT LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLY BRILLIANT LLC MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIMPLY BRILLIANT LLC DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL SIMPLY BRILLIANT LLC, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO SIMPLY BRILLIANT LLC THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW AND DISPUTES
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Oregon, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Oregon. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Simply Brilliant LLC or to products you purchase through Simply Brilliant LLC shall be submitted to confidential arbitration in Hood River, Oregon, United States of America, except that, to the extent you have in any manner violated or threatened to violate Simply Brilliant LLC's intellectual property rights, Simply Brilliant LLC may seek injunctive or other appropriate relief in any state or federal court in the State of Oregon, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Simply Brilliant LLC and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Simply Brilliant LLC arising out of or relating to your use of the Site, your violation of this Agreement, or your violation of any rights of another.

MISCELLANEOUS LEGAL PROVISIONS
We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Simply Brilliant LLC as a result of this Agreement or your use of this Site. Nothing contained in this Agreement is in derogation of Simply Brilliant LLC's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Simply Brilliant LLC with respect to such use. 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.

The failure of Simply Brilliant LLC to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between Simply Brilliant LLC and you regarding our Site and its contents.

All rights not expressly granted herein are hereby reserved.