Acceptance of the Terms of Use

Welcome to the website of Brighter Days Health Inc., doing business as Brighter Days CBD (“Company”, “we”, “us”, or “our”). These Terms of Use (“Terms”) govern your access to and use of brighterdayscbd.com, including any content, functionality, and services offered on or through brighterdayscbd.com (the “Website”).

By accessing the Website, creating an account, or making a purchase, you accept and agree to be bound by these Terms and affirm that you are over you are at least the age 18 years old. If you are under eighteen years of age, you are not allowed to access this site for any reason and must leave this site immediately. Please have your parent or guardian access this site on your behalf.

Modifications to the Terms

We reserve the right to revise and update these Terms at any time without prior notice. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide, in our sole discretion without notice. We will not be liable if for any reason all or part of the Website is unavailable at any time. You are responsible for making all arrangements necessary to access the Website and ensuring that all persons accessing the Website through your internet are aware of these Terms 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. All the information you provide on the Website must be correct, current, and complete. You agree that all information you provide to register with this Website or 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.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time for any or no reason if, in our opinion, you have violated any provision of these Terms.

We are not liable if the information available on this site is not accurate, complete, or current. The material on this site is for general information purposes only and should not be the sole basis for making decisions without consulting more primary, accurate, complete, or timely sources of information. Reliance on the site’s material is at your own risk.

This site may include historical information which is not current and is provided for reference only. We reserve the right to alter the contents of this site at any time, but we are not obligated to update any information. You agree it’s your duty to monitor changes to our site.

Intellectual Property Rights

Brighter Days CBD grants you a non-exclusive, non-transferable, revocable license to access and utilize www.brighterdayscbd.com strictly in compliance with these terms of use. You commit to using the Site lawfully and not in ways forbidden by these Terms. Specifically, you agree not to use the Site in a manner that could harm, incapacitate, overload, or impair it, or interfere with others’ enjoyment and use of the Site. Furthermore, you shall not seek to access any materials or information through any methods not deliberately provided or offered on the Site.

The content provided as part of the Service, including texts, graphics, logos, images, and the compilation thereof, as well as any software used on the Site, remains the property of Brighter Days CBD or its suppliers and is safeguarded by copyright and other laws that uphold intellectual property and proprietary rights. You commit to respecting and adhering to all copyright and other proprietary notices, legends, or other restrictions included in any such content, and you shall not alter any content.

You are prohibited from modifying, publishing, transmitting, reverse engineering, engaging in the sale or transfer, creating derivative works from, or exploiting any of the content found on the Site, either in full or in part. Content from Brighter Days CBD is not meant for resale. Your access to the Site does not provide you the right to use any protected content in an unauthorized manner. Specifically, you must not remove or modify any proprietary rights or attribution notices in any content. The protected content is intended solely for your personal use, and you shall not use the content for any other purposes without the explicit written consent of Brighter Days CBD and the copyright owner. You acknowledge that you gain no ownership rights in any protected content. We grant you no licenses, either express or implied, to the intellectual property of Brighter Days CBD or our licensors, except as explicitly authorized by these Terms.

International Access

Brighter Days CBD manages and operates its services from offices located in the USA. If you access our services from outside the USA, you are responsible for adhering to all applicable local laws. You agree not to use content from Brighter Days CBD, available through www.BrighterDaysCBD.com, in any country or manner that is forbidden by any relevant laws, restrictions, or regulations.

Modifications

Prices for our products are subject to change without prior notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice. We shall not be held accountable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services

Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and are subject to return or exchange only per our Return Policy. We have endeavored to display the colors and images of our products accurately in the store. However, we cannot guarantee that your computer monitor’s display will be accurate.

We reserve the right to limit sales of our products or Services to any person, geographic region, or jurisdiction on a case-by-case basis. We may limit the quantities of any products or services that we offer. All product descriptions and pricing are subject to change at any time without notice, at our discretion. We also reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Account and Billing Information

We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Third Party Tools and Links

We may offer you access to third-party tools over which we neither monitor nor have any control or input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall not have any liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party’s policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback and Other Submissions

If, at our request, you send specific submissions (e.g., contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Error, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Prohibited Use

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Disclaimer of Warranties, Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fit for a particular purpose, durability, title, and non-infringement.

In no case shall Brighter Days CBD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification Agreement

You agree to indemnify, defend, and hold harmless Brighter Days CBD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.

Changes to Terms of Use

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.