Terms Of Service

Welcome to Brilliantly-Kalm.com

The following terms and conditions, along with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Brilliantly-Kalm.com, including any content, functionality and services offered on or through Brilliantly-Kalm.com (the “Website”). Brilliantly-Kalm.com is a copyrighted work.

Last Modified 7 August, 2018.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website as they constitute a legal agreement between you and Brilliantly-Kalm.com. Your use of the site constitutes acceptance of these terms.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

These Terms will remain in full force and effect while you use the website. Brilliantly-Kalm.com may terminate these Terms or discontinue operation of the website without notice to you at any time and for any reason without liability including but not limited to if you breach any of these Terms. In the event of termination of these Terms with respect to you, you will no longer be authorise to access or use the website or any content.

Site Content

Subject to these Terms, Brilliantly-Kalm.com grants you a non-transferable, non-exclusive, revocable, limited license to use and access the website purely for non-commercial, personal use only. If you download material, you must retain all copyright and other proprietary notices displayed on the materials. Unauthorized access to or use of the website is a breach of these Terms and may be a violation of law.

You may not distribute, modify, transmit, post, or otherwise use the content of Brilliantly-Kalm.com for public or commercial purposes without the permission from Brilliantly-Kalm.com. Brilliantly-Kalm.com reserves the right to refuse service and terminate accounts if we believe that your conduct violates these Terms. The website and content found therein are protected by copyright laws and international treaty provisions.

Brilliantly-Kalm.com services are made available for your personal, non-commercial use only. You may not use the Brilliantly-Kalm.com services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them. You acknowledge that Brilliantly-Kalm.com or its clients and business partners, own and shall retain the exclusive right, title and ownership in and to all copyrights, trade secrets, trademarks and other intellectual property and proprietary rights in the Website and all content.

You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of the website or any of the content. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, disassemble, decompile, attempt to obtain the source code of, grant a security interest in, publicly perform, publicly display, transfer or exploit the Website, the content, any technology or software relating thereto, or any portion of any of the foregoing. All copyright, trademark, or other proprietary notices on the website or any content must be retained and displayed at all times.

Disclaimer of Warranties and Representations

Brilliantly-Kalm.com will not be held responsible or liable for any data that is irretrievable, damaged, or altered that has previously been submitted by the user. There is always a possibility that some or all of your data can be lost. We work with secure servers to ensure this does not happen, but there is always a possibility.

There is no guarantee of reimbursements for any plans, memberships or paid subscriptions. Client expressly agrees that use of the Brilliantly-Kalm.com service is at Client’s sole risk.

Brilliantly-Kalm.com gives no warranty, expressed or implied, for the performance of availability of services provided, including, without limitation, warranty of merchantability and warranty of fitness for a particular purpose.

You assume the entire risk as to your access to and use of the Website and your selection and use of any content obtained through or from the Website.

You assume the entire risk that the Website and/or the content will meet your requirements, be accurate or reliable, have any level of quality or meet your expectations. Brilliantly-Kalm.com makes no warranty or representation that your access and use of the Website will be uninterrupted, virus free error-free or completely secure. You are solely responsible for any damage to your computer system hardware of software or for any loss of data or other damage relating to your use of the site. No advice, information or content whether oral or written obtained by you through or in connection with your use of the Website will create or provide any warranty or representation on the part of Brilliantly-Kalm.com

User Conduct

Using two or more user accounts concurrently is prohibited. Operation of duplicate user accounts may result in the accounts being disabled, and the common identities of all accounts being made public in our forums.

Any messages or information you post to the site becomes the sole property of the site operator and may or may not be displayed, at the sole discretion of the site operator. The posting of copyrighted or illegal material is prohibited-you must obey all applicable local laws, including those of the server and site owner. You may not post information invasive of another’s personal privacy rights, harassment, libelous, threatening or information of a confidential or copyrighted nature.

You agree that you shall not post, publish, submit or otherwise disseminate through the Website any content or information that is that is known by you to be false, inaccurate or misleading; that violates, infringes or misappropriates any third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity or other intellectual property or proprietary right; that violates any law, statute, regulation, rule or ordinance (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising), that is, or may reasonably be considered to be, defamatory, libelous, hateful, profane, abusive, racially, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual or entity, or otherwise contains foul language or that contains any computer viruses, worms or other potentially damaging computer programs or files.

Further you agree not to download or upload any content or material that you know or reasonably should know cannot be legally obtained in such manner; not to restrict or inhibit any other user from using and enjoying any area within the Website; not to collect or store personal information about other users of the Website, or submit personal data on the Website without their express permission and authority to do so; not to attempt to access or use the Website after your access or use has been terminated; not to affect the way the website displays content other than through adjustments to your browser or display settings to facilitate your personal viewing of Brilliantly-Kalm.com; not to use any automated means to access the Website or to collect any content contained therein; not to modify or create variant versions of the Brilliantly Kalm name, trademark or logos; not to interfere with or disrupt the Website or the infrastructure; not to forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through the Website; not to engage in any acts or omissions that could constitute a violation of applicable laws, statutes, regulations, rules or ordinances.

Brilliantly-Kalm.com is provided as a public service and your usage of this service may be terminated at any time by the site operators without prior notice. Information submitted to the system should not be considered confidential or private and may be revealed as part of normal system operations. No warranty of service is implied.
If you have further questions, please contact support@brilliantly-kalm.com before continuing. By registering, you acknowledge that you understand and agree to these conditions. You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.

Medical Disclaimer

Please get an assessment by a qualified health professional before using any of our blankets. Ask them what is the ideal weight for you and your condition.

The information contained in the pages of Brilliantly-Kalm.com is not intended to be used as medical advice. The authors at Brilliantly Kalm do not know you, nor your medical history and are providing general information only. If you suspect you or your loved ones need help, please consult a medical professional for specific help and advice.

Brilliantly-Kalm.com owners or it’s contributors will not accept liability for any injury, illness or death which results from incorrect application of advice or information contained in these pages. Likewise, we also will not accept liability for injury, illness or death resulting from correct application of the contents and programs within as the contents of Brilliantly-Kalm.com are a collection of advice and programs based on the opinions of Brilliantly-Kalm.com, be it from personal experience, hearsay or other publications.

It is you the reader’s responsibility to use any information or products provided here with care and under guidance of relevant medical professionals.

Whilst the writers and contributors of Brilliantly-Kalm.com may be Chartered physiotherapists, occupational therapists, psychologists and other health professionals, we do not know you or your medical history and cannot provide individual advice. The opinions provided here relate to an average population but it is up to you to ensure what may be applicable to you and get individual help should it be required. The reader is therefore personally responsible for ensuring the safe application of anything described herein.

Brilliantly-Kalm.com is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind via a Website, or in determining the effect of any specific exercise on an individual’s medical condition.

By registering for Brilliantly-Kalm.com, you certify that you have received consent from your physician to participate in any of the programs, products or suggestions to be provided by Brilliantly-Kalm.com

Content Submission, Listing, Feedback, and other Submissions (Copyrighted Material too)

Users of Brilliantly-Kalm.com may post comments on the information and other issues of general interest featured on the website. You agree that any and all information that you submit to Brilliantly-Kalm.com, including any and all site listings, business listings, event listings, numerical votes and written comments, is the property of Brilliantly-Kalm.com and may be used by us for any purpose.

Brilliantly-Kalm.com does not necessarily support the views included in all the pages within. Likewise, Brilliantly-Kalm.com does not necessarily support any links that are contained within the site. These pages and links are purely for informational purposes and are not always the expressed views of Brilliantly-Kalm.com. All content and submissions at Brilliantly-Kalm.com is graciously received and given permission by its contributors for display on the site. We do not necessarily support contributor’s views nor will Brilliantly-Kalm.com be held responsible for any errors and unlawful reproduction of material contained within the pages.

That said, it is the duty of our contributors and users to ensure that their submitted content, be it in the form of an article, forum post, album picture, album video, training log data-any information that gets ‘posted’ or ‘submitted’ to Brilliantly-Kalm.com is lawfully original or that the copyrighted information is lawfully used and/or the rights are retained.

Should an instance arise where a person or organization’s copyrighted material is being displayed unlawfully on Brilliantly-Kalm.com or it goes against the copyright policy of the creator, please contact Brilliantly-Kalm.com so that the error can be resolved immediately.

Changes In Terms and Conditions

We may modify, suspend or terminate the website or our services from time to time, for any reason. You agree that Brilliantly-Kalm.com will not be liable to you or any third party for any modification, suspension or discontinuation of the Website or any part thereof.

We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes. Any modification to the Terms shall become effective when posted.

Your continued usage after such changes have been posted constitutes acceptance of each revised provision of this agreement. If you do not agree with the terms of this Agreement or any revised Agreement, please refrain from using Brilliantly-Kalm.com.

We reserve the right to withdraw or amend Brilliantly-Kalm.com and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

Third Party Links

Brilliantly-Kalm.com may contain links to third-party websites and services for third parties (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Brilliantly-Kalm.com and as such Brilliantly-Kalm.com is not responsible for any Third-Party Links. Brilliantly-Kalm.com provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Privacy

Certain information collected from you or about you in the course of your using the website is subject to our Privacy Policy, which is incorporated into these Terms by reference and may be revised from time to time as provided therein. You acknowledge, agree and consent to the information collection, distribution and other terms, conditions and matters set forth in the Privacy Policy.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Email And Other Electronic Communications

Visiting the Website or sending emails to Brilliantly-Kalm.com 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 Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to Brilliantly-Kalm.com. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

Monitoring and Enforcement, Termination

We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Brilliantly-Kalm.com or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of Brilliantly-Kalm.com for any reason, including any violation of these Terms of Use.
In addition, we will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

You waive and hold harmless Brilliantly-Kalm.com and its affiliates, licensees and service providers from ay claims resulting from any action taken by any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either such parties or law enforcement authorities.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

You agree to not engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Brilliantly-Kalm.com, or which, as determined by us, may harm Brilliantly-Kalm.com or users of the Website or expose them to liability.

Additionally, you agree not to:
Use Brilliantly-Kalm.com in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Brilliantly-Kalm.com, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.

Linking to the Website and Social Media Features

You may link to Brilliantly-Kalm.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You may not connect “deep links” to the Website, (i.e., links to the Website that bypass the home page) in a manner that diminishes the performance or searchability of the Website. We reserve the right to block any disruptive deep links to Brilliantly-Kalm.com. This Website may provide certain social media features that enable you to:
• Link from certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we (or our service providers) furnish with respect to such features.

Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Notifications

We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the website or delivering them to you through email, if you have previously provided your email address to us. If you do not provide us with accurate information, we cannot be held liable if you do not receive notice.

You must not use the website or the content in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. Brilliantly-Kalm.com makes no warranty or representation that the website or the content is appropriate or available for use in your location.

Limitation of Liability

Brilliantly-Kalm.com and/or their respective officers, directors, trustees, members, managers, employees, agents, sponsors or representatives are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages (including without limitation damages for loss of personal or business profits, business interruption, loss of personal or business information or other loss or damage) arising out of or relating in any way to Brilliantly-Kalm.com, our web site related services and/or content, or information contained within the web site to the maximum extent permitted by law.

Your sole remedy for dissatisfaction with Brilliantly-Kalm.com and/or our website related services is to stop using Brilliantly-Kalm.com and/or those services. If, notwithstanding the provisions of these terms, any Brilliantly-Kalm.com parties is found liable to you for any loss or damage which arises out of or is in any way connected to your access to or use of the website or otherwise, to the maximum extent permitted by law, the aggregate liability of Brilliantly-Kalm.com parties shall in no event exceed £10. You agree to use your best efforts to mitigate any damages or losses you may suffer in connection with your access to and use of the website

Indemnification

You agree to defend, indemnify and hold harmless Brilliantly-Kalm.com, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use (b) your use or access of any information obtained from the Website, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services.

 

These Terms constitute the entire agreement between you and us regarding the use of Brilliantly-Kalm.com. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

If you have questions or comments, please contact: support@brilliantlykalm.com

 

Thank you for visiting the Brilliantly-Kalm.com