Terms of service

TERMS OF SERVICE
Brighton Commerce

Last Updated: June 2026
Effective Date: June 24, 2026

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1. AGREEMENT & ACCEPTANCE

1.1 Binding Contract
By accessing, browsing, or purchasing from brightoncommerce.shop (the "Site"), you enter into a legally binding contract with Brighton Commerce ("We," "Us," "Our," or "Company"). You are not permitted to use the Site if you do not agree to these Terms in their entirety.

 1.2 Modification Rights
We reserve the right to modify these Terms at any time without notice. Your continued use of the Site constitutes acceptance of modified terms. It is your responsibility to review these Terms regularly.

1.3 Age & Capacity
By using this Site, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding agreements in your jurisdiction.

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2. PRODUCT DISCLAIMER & NO MEDICAL CLAIMS

2.1 Not Medical Advice
Products sold on this Site are consumer goods only. Nothing on this Site constitutes medical advice, medical treatment, diagnosis, or a recommendation for any medical condition. We make NO claims regarding the therapeutic, curative, or medical efficacy of any product.

2.2 FDA/Regulatory Disclaimer
Our products have not been evaluated by the FDA. These products are not intended to diagnose, treat, cure, prevent, or mitigate any disease or medical condition. Any claims of efficacy are based on traditional use or third-party studies and do not constitute medical endorsement.

2.3 Individual Results Vary
Any testimonials, before-and-after images, or results claims are from individual users and do not represent typical results. Results vary based on individual biology, skin type, genetics, usage patterns, and external factors beyond our control.

2.4 User Responsibility
You assume full responsibility for determining whether any product is appropriate for your individual health, skin type, allergies, medications, and medical history. Consult a physician or dermatologist before use if you have medical conditions or are taking medications.

2.5 Discontinue If Irritation Occurs
If you experience any adverse reactions, irritation, allergic response, or discomfort, discontinue use immediately and seek medical attention. Brighton Commerce is not responsible for adverse reactions.

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3. ASSUMPTION OF RISK & PRODUCT USE

3.1 Full Assumption of Risk
You acknowledge that all use of products purchased from this Site is at your sole risk. You assume all responsibility for any outcome, result, or consequence arising from product use, including but not limited to:
- Allergic reactions
- Skin irritation or sensitivity
- Unexpected results
- Interactions with medications or other products
- Physical or health complications

3.2 Proper Use
Products must be used according to label instructions. Misuse, overuse, or use contrary to instructions is the customer's responsibility and voids all implied warranties and liability claims.

3.3 Patch Testing
For topical products, we recommend conducting a patch test on a small area of skin 24 hours before full application. Failure to do so is the customer's responsibility.

3.4 Environmental Factors
Results may be affected by sun exposure, environmental pollution, diet, stress, sleep, hormonal changes, and other factors outside our control. Brighton Commerce is not liable for external variables affecting product performance.

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4. LIMITATION OF LIABILITY

4.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTON COMMERCE'S TOTAL LIABILITY FOR ANY CLAIM, DEMAND, CAUSE OF ACTION, OR DAMAGE ARISING FROM OR RELATED TO YOUR PURCHASE OR USE OF OUR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT IN QUESTION, NOT TO EXCEED $100 USD.

4.2 Exclusion of Damages
BRIGHTON COMMERCE IS NOT LIABLE FOR ANY:
- Indirect, incidental, special, consequential, punitive, or exemplary damages
- Lost profits, lost revenue, lost data, or lost business opportunity
- Reputational harm or emotional distress
- Personal injury or bodily harm (except as prohibited by law)
- Property damage
- Third-party claims or liabilities
- Any damages arising from product use, misuse, or adverse reactions

THIS APPLIES EVEN IF BRIGHTON COMMERCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4.3 No Warranties
PRODUCTS ARE SOLD "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. BRIGHTON COMMERCE DISCLAIMS:
- Any warranty of merchantability
- Any warranty of fitness for a particular purpose
- Any warranty of non-infringement
- Any warranty of title
- Any warranty that products will be uninterrupted, error-free, or meet your expectations

4.4 No Product Guarantees
Brighton Commerce does not guarantee:
- That products will produce specific results
- That results will be permanent or long-lasting
- That products will work for all users
- That products will not cause adverse reactions

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5. INDEMNIFICATION

5.1 You Indemnify Us
You agree to indemnify, defend, and hold harmless Brighton Commerce, its owners, operators, employees, agents, and affiliates from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from or related to:

(a) Your use or misuse of products purchased from this Site
(b) Your violation of these Terms of Service
(c) Your violation of any applicable law or third-party rights
(d) Any bodily injury, health consequences, or adverse reactions from product use
(e) Any allegation that a product caused harm, injury, or damage
(f) Your breach of any representation or warranty made herein

5.2 Duty to Defend
You agree to promptly notify Brighton Commerce of any claim and cooperate fully in our defense. We reserve the right to assume control of defense with counsel of our choice.

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6. ARBITRATION & NO CLASS ACTION

6.1 Binding Arbitration
ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING FROM OR RELATING TO YOUR USE OF THIS SITE OR PURCHASE OF PRODUCTS SHALL BE RESOLVED BY BINDING ARBITRATION, NOT LITIGATION.

6.2 Arbitration Process
- Disputes shall be submitted to a single arbitrator
- Arbitration shall be conducted under JAMS Streamlined Arbitration Rules
- The arbitrator's decision is final and binding
- Arbitration proceedings are confidential
- You waive the right to jury trial

6.3 NO CLASS ACTIONS
YOU AGREE THAT ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS ARBITRATION, OR COLLECTIVE PROCEEDINGS. ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL NAME.

6.4 Exceptions to Arbitration
The following claims are NOT subject to arbitration:
- Claims by Brighton Commerce for unpaid amounts
- Claims for intellectual property infringement
- Claims for injunctive relief to prevent irreparable harm

6.5 Arbitration Costs
If your claim is meritorious and you cannot afford arbitration fees, Brighton Commerce will pay them. Otherwise, you shall pay your portion of arbitration costs.

6.6 Severability
If any portion of this arbitration clause is deemed unenforceable, the remainder remains valid. If class action arbitration cannot be waived, the entire arbitration clause is void and disputes proceed in court under Section 7.

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7. GOVERNING LAW & JURISDICTION

7.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the State of [SPECIFY STATE—recommend Delaware or Wyoming for privacy], without regard to conflicts of law principles.

7.2 Venue & Forum
If litigation proceeds (not arbitration), you consent to exclusive jurisdiction and venue in the federal or state courts located in [SPECIFY COUNTY/CITY], and you waive any objection based on inconvenient forum.

7.3 No International Application
This Site is intended for use in the United States only. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

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8. NO WARRANTIES & DISCLAIMERS

8.1 Site Availability
The Site is provided "as-is" without warranty of any kind. We do not warrant that the Site will be:
- Uninterrupted or error-free
- Free from viruses or malicious code
- Compatible with all devices
- Secure or unhackable

8.2 Third-Party Content
The Site may contain links to third-party websites, content, or services. We are not responsible for and do not endorse any third-party content. Your use of third-party sites is at your own risk and subject to their terms.

8.3 Testimonials & User Content
Any testimonials, reviews, or user-generated content are the opinions of individual users and do not represent endorsements by Brighton Commerce. We are not responsible for accuracy, truthfulness, or legality of user content.

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9. PRICING & INVENTORY

9.1 Price Changes
Prices are subject to change at any time without notice. Prices charged are those in effect at the time of order confirmation, not at the time of browsing.

9.2 Stock Availability
We do not guarantee continuous availability of any product. If an item is out of stock after payment is received, we will notify you and offer a refund or substitute product. If you do not respond within 7 days, refund is automatic.

9.3 Pricing Errors
If a product is listed at an incorrect price due to system error, we reserve the right to cancel the order and refund payment without penalty.

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10. USER CONDUCT & RESTRICTIONS

10.1 Prohibited Conduct
You agree NOT to:
- Reverse-engineer, hack, or attempt to gain unauthorized access to the Site
- Scrape, crawl, or harvest data from the Site
- Engage in fraud, misrepresentation, or illegal activity
- Harass, threaten, or abuse company personnel
- Post false reviews or engage in review manipulation
- Resell products purchased at retail prices (wholesale/bulk inquiries only)
- Make false health or efficacy claims about products
- Violate any applicable law or regulation

10.2 Right to Refuse Service
We reserve the right to refuse service, cancel orders, or terminate your account if you violate these Terms or engage in prohibited conduct.

10.3 Account Suspension/Termination
We may suspend or terminate your account at our sole discretion for any reason, including but not limited to:
- Chargeback history or payment disputes
- Fraudulent activity
- Violation of these Terms
- Abuse or harassment
- Suspicious account behavior

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11. INTELLECTUAL PROPERTY

11.1 Our IP Rights
All content on this Site—including text, images, logos, designs, graphics, and product descriptions—is the exclusive property of Brighton Commerce or its licensors and is protected by copyright, trademark, and other intellectual property laws.

11.2 Limited License
We grant you a limited, non-exclusive license to view and use the Site for personal, non-commercial purposes only. You may not:
- Reproduce, distribute, or transmit any content without permission
- Use content for commercial purposes
- Modify or create derivative works
- Remove any copyright or proprietary notices

11.3 Third-Party IP
Use of third-party intellectual property is permitted only as explicitly stated. Unauthorized use is infringement and may result in legal action.

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12. PAYMENT & BILLING

12.1 Payment Authorization
By submitting payment information, you authorize Brighton Commerce to charge your payment method for the full order amount plus applicable taxes and shipping.

12.2 Fraudulent Activity
If we detect fraudulent or suspicious payment activity, we reserve the right to:
- Cancel the order
- Refund payment
- Suspend your account
- Report to payment processors and law enforcement

12.3 Payment Information Security
We use industry-standard encryption for payment processing. We are not liable for breaches of third-party payment processors' security.

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13. SHIPPING & DELIVERY

13.1 Shipping Terms
- Products are shipped via carrier of our choice
- Shipping addresses must be verified and accurate
- Risk of loss transfers to carrier upon shipment
- Delivery dates are estimates only, not guarantees

13.2 Lost or Damaged Shipments
- You are responsible for filing claims with the carrier
- We will cooperate with carrier investigations
- Refunds for lost/damaged shipments are at our discretion

13.3 Customs & Duties
For international orders, you are responsible for any customs duties, taxes, or import fees.

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14. PRIVACY & DATA

14.1 Privacy Policy
Your use of the Site is subject to our Privacy Policy [INSERT LINK]. Please review it separately.

14.2 Data Collection
By using the Site, you consent to collection, use, and storage of your data as outlined in our Privacy Policy.

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15. SEVERABILITY & WAIVER

15.1 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid, or if that is not possible, severed. All other provisions remain in full force.

15.2 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other right. Any waiver must be in writing and signed by both parties.

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16. ENTIRE AGREEMENT

These Terms of Service, together with our Refund Policy and Privacy Policy, constitute the entire agreement between you and Brighton Commerce regarding your use of the Site and purchase of products. All prior negotiations, understandings, and agreements are superseded by these Terms.

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17. CONTACT & NOTICES

17.1 Legal Notices
All legal notices must be sent via email to: info@brightoncommerce.shop

We will provide notice of material changes to these Terms via email or posting on the Site.

17.2 Notice of Disputes
Before initiating arbitration or legal proceedings, you must provide written notice to Brighton Commerce describing the dispute and a proposed resolution. We have 30 days to respond.

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18. ACKNOWLEDGMENT

BY USING THIS SITE OR PURCHASING PRODUCTS, YOU ACKNOWLEDGE THAT:
✓ You have read and understood these Terms of Service in their entirety
✓ You agree to be bound by all provisions
✓ You assume all risks associated with product use
✓ You understand there are no guarantees or warranties
✓ You waive your right to pursue legal action or class claims
✓ You agree to binding arbitration as the exclusive remedy
✓ You understand products are not medical treatments
✓ You accept full responsibility for your purchase and use decisions

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LAST UPDATED: June 24, 2026
NEXT REVIEW DATE: December 24, 2026

For questions: info@brightoncommerce.shop