Terms of Service

By signing up for a Brilliant Efficiency account and continuing to use it, you are acknowledging and agreeing to Brilliency's general Terms and Conditions, including Brilliency's Terms of Service, Web Site Privacy Policy, and Privacy Statement. Term and Termination. These Terms of Service shall take effect on the date you check the box "Yes, I agree to Brilliency's Terms of Service" and click " Create My Account" ("Effective Date"), and will continue in effect until you email info@brilliency.com and request the deletion of your account. In addition, Brilliency reserves the right to delete your account if you breach any of your obligations under these Terms of Service and if you do not remedy the breach within ten (10) days of receiving written notice from Brilliency. Definitions. Core Brilliency Platform ' Brilliency's underlying, universal web site as presented online at www.Brilliency.com and all of the features, functionality, and information included therein. Brilliency Representations. Brilliency agrees and acknowledges the following: Members may be asked to submit Personal Identifying Information (PII). Brilliency agrees to use reasonable and appropriate technical, administrative, and physical security controls to protect Members' PII from disclosure to unauthorized parties. Brilliency agrees not to disclose Members PII to third parties, except in cases where (i) Members proactively request that Brilliency share such information or where (ii) Brilliency has hired a third party or parties to perform certain functions on its behalf. In such cases, Brilliency will enter into an agreement with that third party to ensure that the third party will take appropriate steps to protect the PII and will only use the PII to perform the services for Brilliency. Brilliency agrees to provide Brilliency Rewards Points to Members who reduce their Utility consumption. Such Points shall be redeemable for discounts or other offers at Brilliency Rewards Partners. These Points have no monetary value. Miscellaneous. Representations & Warranties. Each party represents and warrants that it has the legal power and authority to agree to these Terms of Service, and will at all times comply with all laws, rules and regulations applicable to their business and dealings under these Terms of Service. Disclaimer of Warranties. THE BRILLIANT EFFICIENCY SERVICE IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BRILLIENCY. ANY SUGGESTIONS OR TIPS MADE BY BRILLIENCY ARE MADE IN GOOD FAITH, BUT CANNOT BE RELIED UPON. BRILLIENCY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, SECURITY, ACCURACY OR COMPLETENESS OF THE ESTIMATES OF MEMBERS' ENERGY AND/OR FINANCIAL SAVINGS THAT THEY WILL ACHIEVE BY USING BRILLIENCY'S SERVICE, BRILLIENCY DOES NOT REPRESENT OR WARRANT THAT ANY POINTS ACCRUED WILL BE ABLE TO BE REDEEMED FOR PRODUCTS AND/OR SERVICES OF ANY VALUE. Limitation of Liability. IN NO EVENT SHALL BRILLIENCY'S AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE EXCEED WHAT A GIVEN MEMBER ACTUALLY PAID TO BRILLIENCY USING BRILLIENCY'S SERVICE. IN NO EVENT SHALL BRILLIENCY AND/OR ANY OF ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH BRILLIENCY'S SERVICE, THE INABILITY TO REDEEM POINTS AT ANY BUSINESSES, AND ANY HARM OR INJURY RESULTING FROM MEMBERS' FOLLOWING SUGGESTIONS OR TIPS MADE BY Brilliency, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE BRILLIANT EFFICIENCY SERVICE. Updates or Amendments to these Terms of Service. These Terms of Service, any provision hereof, or any other documents incorporated by reference may be updated or amended at any time by Brilliency. Any such changes to these Terms of Service will be effective on the date that Brilliency posts the modified version of these Terms of Service on the Core Brilliency Platform or any Brilliency Empowers Platforms. Continued use of Brilliency's Service after such changes have taken effect constitutes acceptance of all changes.