We collect information from you when you place an order, subscribe to our newsletter or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name or e-mail address. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
• To personalize your experience
(your information helps us to better respond to your individual needs)
• To improve customer service
(your information helps us to more effectively respond to your customer service requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To send periodic emails
The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
This policy was last modified on 8/20/2019
Eagle, ID firstname.lastname@example.org
Founder of OnTheBrighterSideOfLife.com
Terms and Conditions
Last Updated on January 5th, 2020
1. GENERAL INFORMATION
1.1 ON THE BRIGHTER SIDE PRODUCTS
These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply
content, products or services listed on www.onthebrightersideoflife.com,
www.onthebrightersideofmarriage.com, or www.onthebrightersideofhealth.com (the “Website”) or via other delivery methods to you (the Website and such content, products, services are collectively referred to herein as the “Product” or “Products”). Please read these terms and conditions, carefully before ordering any Products from the Website or third party. The terms “On the Brighter Side,” “us” or “we” refers to On the Brighter Side.
The term “Device” refers to the device which is used to access the Products including but not limited
to computers, smart phones and tablets. The term “you” refers to the user of the Products. When you
order (“Order”) any Products, or otherwise use or access the Products, you agree to be bound by
these Terms and all applicable laws, rules and regulations. You may also be asked to click “I accept”
at the appropriate place prior to your purchase of access to the Products. At such time, if you do not
click “I accept”, you may not be able to complete such purchase or gain such access. By using the
Products, you indicate that you accept these Terms and that you agree to abide by them. If you do
not agree to these Terms, please refrain from using the the Products.
Our contact email address is email@example.com. All correspondence to On the Brighter Side
including any queries you may have regarding your use of the Products or these Terms should be
sent to this contact email address.
1.2 ARBITRATION NOTICE AND CLASS ACTION WAIVER
PLEASE NOTE THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR
CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND
EMPATHI AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE
PRODUCTS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND
EMPATHI WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-
1.3 BASIS OF LICENSE
(a) These Terms and the Order set out the whole agreement between you and us for the supply of
the Products. In order to participate in certain Products, you may be required to agree to additional
terms and conditions; those additional terms are hereby incorporated into these Terms. Where such
terms are inconsistent with these Terms, the additional terms shall control.
(b) Please check that the details in these Terms and on the Order are complete and accurate before
you use or commit yourself to purchase the Products. If you think that there is a mistake, please
make sure that you ask us to confirm any changes in writing, as we only accept responsibility for
statements and representations made in writing by an officer of On the Brighter Side.
(c) AS PART OF YOUR USE OF THE PRODUCTS, YOU AFFIRMATIVELY CONSENT TO THE
PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES,
INCLUDING THE PROCESSING AND STORING OF YOUR PERSONAL INFORMATION IN THE
UNITED STATES FOR THE PURPOSES OF PROCESSING PAYMENTS AND TRACKING
INDIVIDUAL USE OF THE PRODUCTS. BY USING THE PRODUCTS, YOU ACKNOWLEDGE
THAT YOU UNDERSTAND AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE
SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR
COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND
STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES. WE WILL TAKE
MEASURES AS REQUIRED TO COMPLY WITH APPLICABLE LAW REGARDING THE
TRANSFER, STORAGE AND USE OF CERTAIN PERSONAL INFORMATION.
1.4 CHANGES TO TERMS
On the Brighter Side reserves the right to change or update these Terms, or any other of our policies
or practices, at any time, and will notify users by posting such changed or updated Terms on this
page. Any changes or updates will be effective immediately upon posting to
www.onthebrightersideoflife.com. Your continued use of the Products constitutes your agreement to
abide by the Terms as changed. Under certain circumstances we may also elect to notify you of
changes or updates to our Terms by additional means, such as pop-up or push notifications within the
Products or email.
2.1 BECOMING A MEMBER
(a) You may sign up as a registered user of the Products free of charge (a “Member”). To become a
Member you need to go to the relevant section of the Products, then submit your email address to us,
and create a username and password to be used in conjunction with that email address. You are
responsible for maintaining the confidentiality of your account and password and for restricting access
to your Device.
(b) In the course of your use of the Products, you may be asked to provide certain personalized
information to us (such information is referred to hereinafter as “User Information”). This User
Information may include information from your Facebook and similar social networking profiles. Our
information collection and use policies with respect to the privacy of such User Information are set
responsible for the accuracy and content of User Information, and you agree to keep it up to date.
(c) By placing an Order through the Products, you warrant that:
(i) You are legally capable of entering into binding contracts;
(ii) All registration information you submit is truthful and accurate;
(iii) You will maintain the accuracy of such information; and
(iv) Your use of the Products does not violate any applicable law or regulation.
2.2 ONCE A MEMBER
You are responsible for maintaining the confidentiality of your account, password and other User
Information and for restricting access to your Device to further help protect such information. You are
responsible for updating your User Information.
2.3 USE OF ON THE BRIGHTER SIDE BY MINORS
You must be 18 years of age, or the age of majority in your province, territory or country, to sign up as
a registered user of the Products. Individuals under the age of 18, or the applicable age of majority,
may utilize the Products only with the involvement and consent of a parent or legal guardian, under
such person's account and otherwise subject to these Terms.
As an On the Brighter Side Member you will receive access to certain sections, features and
functions of the Products that are not available to non-members.
By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey
and Product based communication emails. You can easily unsubscribe from On the Brighter Side
commercial emails by following the opt-out instruction in these emails. On the Brighter Side
memberships are not transferable and therefore cannot be sold or exchanged or transferred in any
2.5 DEVICE REQUIREMENTS
To enjoy On the Brighter Side via your smartphone or other Device, your Device must satisfy certain
system requirements. These requirements can be found on the Website and the Google, Apple and
Amazon App marketplaces.
4. PROHIBITED USE OF THE PRODUCTS
4.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that
contains software viruses or any other computer code, files or programs designed to interrupt, harm,
damage, destroy or limit the functionality of any computer software or hardware or equipment linked
directly or indirectly with the Products or the Products themselves. You agree not to interfere with the
servers or networks underlying or connected to the Products or to violate any of the procedures,
policies or regulations of networks connected to the Products. You may not access the Products in an
4.2 You agree not to impersonate any other person while using the Products, conduct yourself in an
offensive manner while using the Products, or use the Products for any illegal, immoral or harmful
4.3 By breaching the provisions of this section 4, you may commit a criminal offense under applicable
laws. We may report any such breach to the relevant law enforcement authorities and we may
cooperate with those authorities by disclosing your identity to them. In the event of such a breach,
your right to use the Products will cease immediately.
5. MATERIALS OFFERED THROUGH THE PRODUCTS
(a) All materials (including software and content whether downloaded or not) contained in the
Products are owned by On the Brighter Side (or our affiliates and/or third party licensors, where
applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable
property and that other than any specific and limited license for use of such materials, you shall not
acquire any ownership rights in or to such materials. The materials may not be used except as
provided for in these Terms, and any other relevant terms and conditions provided to you without our
prior written permission.
(b) You acknowledge and agree that certain materials on or in the Products are the property of third
party licensors and, without prejudice to any and all other rights and remedies available, each such
licensor has the right to directly enforce relevant provisions of section 12 against you.
(c) Audio or video content from On the Brighter Side not explicitly indicated as downloadable may not
be downloaded or copied from the Products or any Device.
(d) The Products are not intended for your commercial use. Commercial advertisements, affiliate
links, and other forms of solicitation may be removed by us without notice and may result in
termination of privileges. You must not use any part of the materials used in or on the Products for
commercial purposes without obtaining a written license to do so from us. Material from the Products
may not be copied or distributed, or republished, or transmitted in any way, without our prior written
consent. Any unauthorized use or violation of these Terms immediately and automatically terminates
your right to use the Products and may subject you to legal liability. You agree not to use the
Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of
another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with
all laws, rules and regulations related to your use of the Products. Appropriate legal action may be
taken for any illegal or unauthorized use of the Products.
(e) A limited amount of content may be marked and authorized for the user to share in their personal
social channels (Facebook, Twitter, etc.). With respect to content made available by On the Brighter
Side through the Products that is specifically identified as available for distribution by you
(“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User
Commentary”), On the Brighter Side grants you a limited right to download, reproduce and distribute
Distribution Content over the internet as part of your User Commentary. You may also modify such
Distribution Content but only as required to technically enable the display and distribution of such
content through your computer systems and over the Internet (e.g. a change in video format or file
size) provided such modification does not materially alter the substance or quality of such content.
Your display and distribution of Distribution Content may also be subject to other terms and
conditions that are set forth in the description of such content in the Products, such as display and
distribution of Distribution Content only within specified usage dates. You agree not to publish the
Distribution Content with other content that is known by you to be false, inaccurate, or misleading or
that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s
privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain
trackers that enable us to collect information with respect to the distribution and consumption of such
(f) You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer,
create derivative works from, sell or otherwise exploit any content, code, data or materials in the
Products. If you make other use of the Products, or the content, code, data or materials thereon,
except as otherwise provided above, you may violate copyright and other laws of the United States,
other countries, as well as applicable state laws and may be subject to liability for such unauthorized
use. On the Brighter Side will enforce its intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
6. AVAILABILITY OF PRODUCTS
6.1 Although we aim to offer you the best service possible, we make no promise that the Products will
meet your requirements and we cannot guarantee that the Products will be fault free. If a fault occurs
in the Products, please report it to us at firstname.lastname@example.org and we will review your
complaint and, where we determine it is appropriate to do so, correct the fault. If the need arises, we
may suspend access to the Products while we address the fault. We will not be liable to you if the
Products are unavailable for a commercially reasonable period of time.
6.2 Your access to the Products may be occasionally restricted to allow for repairs, maintenance or
the introduction of new facilities or Products. We will restore the Products as soon as we reasonably
can. In the event that the Products are unavailable, our usual Order and cancellation deadlines apply;
please notify us of changes to your Order by emailing email@example.com.
7. USER MATERIAL
7.1 The Products may let you submit material to us: for example, you may be able to upload a photo
to your profile, post subjects and comments in the community and comment on various matters in
various parts of the Products. You may be able to upload video, images or sounds. In these Terms,
we use the term “User Material” to refer to any publicly available material of any kind that you
submit to us, including text, files, images, photos, video, sounds and musical or literary works. User
Material does not include the account information, Product purchase, or Product use information
which you provide in registering for and using Products.
7.2 This section 7 sets out the rights and obligations that each of us have in connection with User
Material. If you review or submit User Material, you are agreeing to do so in accordance with these
Terms. If you do not want to review or submit User Material in accordance with these Terms, then you
should not do so.
7.3 We do not systematically review User Material submitted by you or other users. We are not
responsible for the content of User Material provided by you or any other user. We do not necessarily
endorse any opinion contained in such material. We make no warranties or representations, express
or implied, about User Material, including as to its legality or accuracy.
7.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User
Material, or to restrict, suspend, or terminate your access to all or any part of the Products,
particularly where User Material breaches this section 7, and we may do this with or without giving
you any prior notice.
7.5 We may link User Material or parts of User Material to other material, including material submitted
by other users or created by On the Brighter Side or other third parties. We may use User Material for
our internal business purposes, for example, to examine trends or categories or to promote, market or
advertise On the Brighter Side. You acknowledge that we may indirectly commercially benefit from
use of your User Material.
7.6 Each time you submit User Material to us, you represent and warrant to us as follows:
(a) You own your User Material or have the right to submit it, and in submitting it you will not be
infringing any rights of any third party, including intellectual property rights (such as copyright or trade
mark), privacy or publicity rights, rights of confidentiality or rights under contract.
(b) Your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing,
hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a
criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed
(c) Your User Material does not advertise any product or service or solicit any business.
(d) Your User Material does not identify any individual (including by way or name, address or a still
picture or video) under the age of 18 and if User Material identifies any individual over the age of 18,
you have that person’s consent to being identified in exactly that way in your User Material; and in
submitting your User Material you are not impersonating any other person.
(e) You will not collect usernames and/or email addresses of users for the purpose of sending
(f) You will not engage in criminal or tortuous activity, including fraud, spamming, sending
of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets
or attempt to impersonate another user or person.
(g) You will not engage in any automated use of the system, such as using scripts to alter our
(h) You will not, without authorization, access, tamper with, or use non-public areas of the Products,
On the Brighter Side’s computer systems, or the technical delivery systems of On the Brighter Side’s
(i) Except as necessary to maintain your own computer security by use of commercial-off-the-shelf
anti-virus or anti-malware products, you will not attempt to probe, scan, or test the vulnerability of the
Products or any other On the Brighter Side system or network or breach any security or
7.7 We are entitled to identify you to third parties who claim that their rights have been infringed by
User Material you have submitted.
7.8 User Material is not considered to be confidential. You agree not to submit any content as User
Material in which you have any expectation of privacy. We do not claim any ownership rights in User
Material. However, by submitting User Material you hereby grant On the Brighter Side an irrevocable,
disassemble the Products in any way, or create derivative works of the Products;
(b) Use the Products or any part of them to create any tool or software product that can be used to
create software applications of any nature whatsoever;
(c) Rent, lease, loan, make available to the public, sell or distribute the Products in whole or in part;
(d) Tamper with the Products or circumvent any technology used by On the Brighter Side or its
licensors to protect any content accessible through the Products;
(e) Circumvent any territorial restrictions applied to the Products; or
(f) Use the Products in a way that violates this License Agreement or the other Terms.
10.4 You may not make the Products available to the public. The Products made available (in whole
or in part) are owned by On the Brighter Side or its licensors and your use of them must be in
accordance with these Terms.
11. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
11.1 We are committed to complying with copyright and related laws, and we require all users of the
Products to comply with these laws. Accordingly, you may not store any material or content on, or
disseminate any material or content over, the Products in any manner that constitutes an infringement
of third party intellectual property rights, including rights granted by copyright law. Owners of
copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the US Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
11.2 If you feel that a posted message is objectionable or infringing, we encourage you to contact us
immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will
respond expeditiously to remove, or disable access to, the material claimed to be infringing and will
follow the procedures specified in the DMCA to resolve the claim between the notifying party and the
alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to
whom you should address such notice is listed below.
11.3 If you believe that your work has been copied and posted on the Products in a way that
constitutes copyright infringement, please provide our designated agent with the following
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been
(c) A description of where the material that you claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the
copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is
accurate and that you are the copyright or intellectual property owner or authorized to act on the
copyright or intellectual property owner’s behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: On the Brighter Side
Attn: Copyright Agent
PO Box 1906
Eagle, Idaho 83616
By E-Mail: firstname.lastname@example.org
Subject line: DMCA
12. GENERAL TERMS AND CONDITIONS
12.1ASSIGNMENT BY US
On the Brighter Side may transfer its rights and obligations under these Terms to any company, firm
or person at any time if it does not materially affect your rights under it. You may not transfer your
rights or obligations under these Terms to anyone else. These Terms are personal to you and no third
party is entitled to benefit under these Terms except as set out here.
12.2 INDEMNITY BY YOU
You agree to defend, indemnify and hold On the Brighter Side and its directors, officers, members,
investors, managers, employees and agents harmless from any and all claims, liabilities, costs and
expenses, including reasonable attorneys’ fees, arising in any way from your use of the Products,
your placement or transmission of any message, content, information, software, or other submissions
through the Products, or your breach or violation of the law or of these Terms. On the Brighter Side
reserves the right, at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, and in such case, you agree to cooperate with On the
Brighter Side defense of such claim.
12.3 WARRANTIES AND LIMITATIONS
(a) We warrant to you that any Product purchased from us will, on delivery, conform in all material
respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Products available to you
during your membership.
(c) Nothing in this sections 12.3 or otherwise in these Terms shall exclude or in any way limit On the
Brighter Side’s liability for: fraud; death or personal injury caused by negligence; or liability to the
extent the same may not be excluded or limited as a matter of law.
(d) The Products and their content are otherwise provided on an “as is” basis and we make no
representations or warranties of any kind with respect to them, including as to the accuracy,
completeness or currency of the Products or their content. We assume no liability or responsibility for
any errors or omissions in the content of the Products, or any failures, delays, or interruptions in the
provision of the Products. We disclaim and exclude any express or implied warranties or
representations, including any warranties as to merchantability or fitness for a particular purpose of
the Products to the broadest extent permitted by law. We make no warranties or representations,
express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content
and information posted on the Products. We make no warranties or representations, express or
implied, for technical accessibility, fitness or flawlessness of the Products. We make no warranties or
representations that your use of content and information posted on the Products will not infringe rights
of third parties.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common
law or the law of equity are, to the extent permitted by law, excluded.
12.4 NO WAIVER
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such
delay or failure does not constitute a waiver of that right or any other rights under these Terms.
12.5 FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the
Products, or for any failure or delay by us to comply with these Terms, where such lack, unavailability
or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words
“including”, “include”, “in particular”, “for example” or any similar expression shall be construed as
illustrative only and shall not be construed as limiting the generality of any preceding words; and ii)
references to the singular include the plural and to the masculine include the feminine, and in each
case vice versa.
12.7 ELECTRONIC COMMUNICATIONS
(a) Applicable laws require that some of the information or communications we send to you should be
in writing. When using the Products, you agree to transact with us electronically, and that
communication with us will be mainly electronic. We will contact you by e-mail or provide you with
information by posting notices on the Products. You agree to this electronic means of communication
and you acknowledge that all contracts, notices, information and other communications that we
provide to you electronically comply with any legal requirement that such communications be in
(b) In order to retain a copy, please select “Print,” and select the appropriate printer. If you do not
have a printer, you can copy the text and the underlying agreement(s) and paste them into a new
document in a word processor or a text editor on your computer and save the text.
(c) You have the right to receive a paper copy of the communications. To receive a paper copy,
please request it by emailing us at email@example.com
(d) We may charge you a reasonable service charge to mail you a paper copy of any communication.
We will either include such service charge on our fee schedule or we will first inform you of the charge
and provide you with the choice as to whether you still want us to send you a paper copy. Please be
sure to state that you are requesting a copy of the particular communication.
(e) To receive and view an electronic copy of the communications you must have the following
equipment and software:
(i) A personal computer or other device which is capable of accessing the Internet. Your access to
this page verifies that your system/device meets these requirements.
(ii) an Internet web browser which is capable of supporting 128-bit SSL encrypted communications,
access to this page verifies that your browser and encryption software/device meet these
(f) To retain a copy, you must either have a printer connected to your personal computer or other
device or, alternatively, the ability to save a copy through use of printing service or software such as
Adobe Acrobat®. If you have a word processor or text editor program on your computer, then you can
also copy the text and paste the text into a new document in the word processor or text editor and
save the text.
(g) You can also contact us via email at firstname.lastname@example.org to withdraw your consent
to receive any future communications electronically, including if the system requirements described
above change and you no longer possess the required system. If you withdraw your consent, we may
terminate your use of the Products.
(h) We reserve the right, in our sole discretion, to discontinue the provision of your electronic
communications, or to terminate or change the terms and conditions on which we provide electronic
communications. We will provide you with notice of any such termination or change as required by
Unless otherwise specifically indicated, all notices given by you to us must be given to On the
Brighter Side at email@example.com. We may give notice to you at the e-mail address
you provide to us when you register, or in any of the ways specified in section 12.7 above. Notice will
be deemed received and properly served immediately when posted on the Products or when an e-
mail or other electronic communication is sent. In proving the service of any notice via email, it will be
sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
12.9 ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement
between us and supersede all previous discussions, correspondence, negotiations, previous
arrangement, understanding or agreement between us relating to their subject matter. We each
acknowledge that neither of us relies on, or will have any remedies in respect of, any representation
or warranty (whether made innocently or negligently) that is not set out in these Terms or the
documents referred to in them. Each of us agrees that our only liability in respect of those
representations and warranties that are set out in this agreement (whether made innocently or
negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for
12.10 THIRD PARTY RIGHTS
A person who is not party to these Terms will not, subject to section 11 (DMCA), have any rights
under or in connection with these Terms.
12.11 OUR LIABILITY
(a) We will use reasonable endeavors to remedy faults in the Products. If we fail to comply with these
Terms, we will be liable to you only for the purchase price of the Products in question. In addition, we
will not be liable for:
(i) Faulty operation of computers during the registration process or during the transmission of any
data and/or for incorrect or overly slow transmission of data by the internet provider and/or any
damage that occurs due to information submitted by you not being received by us or not being
received promptly or not being considered, as a consequence of technical faults with our software or
hardware (whether or not they are within or outside of our control).
(ii) Any loss or damage due to viruses or other malicious software that may infect your Device,
computer equipment, software, data or other property caused by you accessing, using or
downloading from the Products, or from transmissions via emails or attachments received from us.
(iii) Any use of websites linked to the Products but operated by third parties.
(b) To the extent permitted by law, and its affiliates, suppliers, clients, or licensors (collectively, the
“Protected Entities”) shall not be liable for any consequential, exemplary or punitive damages arising
from, or directly or indirectly related to, the use of, or the inability to use, the Products or the content,
materials and functions related thereto, your provision of information via the Products, or lost
business or lost sales, or any errors, viruses or bugs contained in the Products, even if such
Protected Entity has been advised of the possibility of such damages. In no event shall the Protected
Entities be liable for or in connection with any content posted, transmitted, exchanged or received by
or on behalf of any user or other person on or through the Products. In no event shall the total
aggregate liability of the Protected Entities to you for all damages, losses, and causes of action
(whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these
On the Brighter Side for your use of the Products.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO
ARBITRATE DISPUTES WITH ON THE BRIGHTER SIDE, AND LIMIT THE MANNER IN WHICH
YOU CAN SEEK RELIEF FROM ON THE BRIGHTER SIDE.
(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with
these Terms or your use of the Products that cannot be resolved informally or in small claims court
will be resolved through binding arbitration on an individual basis, except that you and On the Brighter
Side are not required to arbitrate any dispute in which either party seeks equitable relief for the
alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this
dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association
"AAA". If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The
rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules
conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the
arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The
arbitration will be conducted by a single neutral arbitrator.
If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the
arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2)
through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by
the AAA Rules in the county of your billing address. In the case of an in-person hearing, the
proceedings will be conducted at a location which is reasonably convenient for both parties with due
consideration of the ability to travel and other pertinent circumstances. If the parties are unable to
agree on a location, the determination will be made by the arbitration institution.
Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth
in the AAA Rules with the remainder paid by On the Brighter Side. If the arbitrator finds that either the
substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper
purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the
payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse On the
Brighter Side for all monies previously disbursed by it that are otherwise your obligation to pay under
the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall
issue a reasoned written decision sufficient to explain the essential findings and conclusions on which
the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to
the payment and reimbursement of fees or expenses at any time during the proceeding and upon
request from either party made within 14 days of the arbitrator’s ruling on the merits.
(c) Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and
liabilities, if any, of you and On the Brighter Side. The dispute will not be consolidated with any other
matters or joined with any other cases or parties. The arbitrator will have the authority to grant
motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award
all remedies available under applicable law, the arbitral forum's rules, and the Terms. The arbitrator
has the same authority to award relief on an individual basis that a judge in a court of law would have.
The award of the arbitrator is final and binding upon you and On the Brighter Side.
(d) Jury Trial Waiver. You and On the Brighter Side waive any constitutional and statutory rights to go
to court and have a trial in front of a judge or a jury. Rather, you and On the Brighter Side elect to
have claims and disputes resolved by arbitration. In any litigation between you and On the Brighter
Side over whether to vacate or enforce an arbitration award, you and On the Brighter Side waive all
rights to a jury trial, and elect instead to have the dispute be resolved by a judge.
(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND
EMPATHI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR
OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or
consolidated actions is deemed invalid or unenforceable, neither you nor On the Brighter Side are
entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section
(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you
nor On the Brighter Side can force the other to arbitrate. To opt-out, you must notify On the Brighter
Side in writing no later than 30 days after first becoming subject to this arbitration agreement. Your
notice must include your name and address, and the email address you used to set up your On the
Brighter Side account (if you have one), and an unequivocal statement that you want to opt-out of this
arbitration agreement. You must send your opt-out notice to one of the following physical or email
addresses: On the Brighter Side, ATTN: Arbitration Opt-out, PO Box 1906 Eagle, Idaho 83616;
(g) Small Claims Court. Notwithstanding the foregoing, either you or On the Brighter Side may bring
an individual action in small claims court.
(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your
relationship with On the Brighter Side.
12.13 EXCLUSIVE VENUE
To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and
On the Brighter Side agree that all claims and disputes arising out of or relating to the Terms or the
use of the Products will be litigated exclusively in the United States District Court for the Northern
District of California. If, however, that court would lack original jurisdiction over the litigation, then all
claims and disputes arising out of or relating to the Terms or the use of the Products will be litigated
exclusively in the Superior Court of California, County of San Francisco. You and On the Brighter
Side consent to the personal jurisdiction of both courts.
12.14 CHOICE OF LAW
Except to the extent they are preempted by U.S. federal law, the laws of Idaho, other than its conflict-
of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or
their subject matter, including tort claims.
If any provision of these Terms is found unenforceable, then that provision will be severed from these
Terms and not affect the validity and enforceability of any remaining provisions.
These Terms are effective and were last updated on January 5, 2020.
On the Brighter Side is located in Eagle, Idaho.
Founder of OnTheBrighterSideOfLife.com
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