Terms & Conditions

Last modified:

IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE CONTENT MADE AVAILABLE THROUGH THE SERVICE.

IF YOU RESIDE IN THE U.S., THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT AND A CHOICE OF CALIFORNIA LAW (EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY SET FORTH HEREIN).

Thank you for visiting our website at www.hello-sunshine.com (“Site”). This Site is owned and operated by Be Sunshine, LLC (“Sunshine” “we”, “us,” or “our”). Except as otherwise noted herein, these Terms and Conditions (“Terms”) govern your use of the Site and use of other interactive features, plug-ins, mobile websites, content, downloads, services, tools, and other online services that we own and control and that post a link to these Terms (collectively the “Service“). Please read these Terms carefully as they form a contract between you and Sunshine. By accessing or viewing the Site or participating in, or using any Service, you agree to these Terms. If you do not agree to these Terms, do not use the Site or the Service.

1. Updates to Terms

We may modify these Terms from time to time. When we do, we will post the revised Terms here and update the “Last modified” date above. It is your responsibility to review these Terms regularly. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of the revised Terms.

2. Eligibility

You must be at least 13 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are under 18, you may use the Service only with the involvement of a parent or guardian.

3. User Conduct

You agree not to use the Service to:

  • Violate any applicable law or regulation;
  • Infringe the rights of any third party, including intellectual property, privacy, or contractual rights;
  • Transmit any harmful, offensive, or unlawful content;
  • Interfere with the security, functionality, or performance of the Service.

4. User Content

You may have the opportunity to submit, post, or otherwise make available content through the Service (“User Content”). You retain ownership of your User Content, but you grant us a nonexclusive, royalty-free, worldwide, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

5. Intellectual Property

All content and materials included on the Service, such as text, graphics, logos, images, audio clips, video, digital downloads, data compilations, and software, are the property of Sunshine or its licensors and are protected by copyright, trademark, and other intellectual property laws.

6. Third-Party Services

The Service may contain links to third-party websites, apps, or services that we do not own or control. We are not responsible for the content, policies, or practices of any third parties. Your dealings with third parties are solely between you and them.

7. Disclaimer of Warranties

The Service is provided “as is” and “as available” without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

8. Limitation of Liability

To the fullest extent permitted by law, Sunshine and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or loss of data, use, goodwill, or other intangible losses, resulting from your use of the Service.

9. Indemnification

You agree to indemnify and hold harmless Sunshine and its affiliates, officers, agents, employees, and partners from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

10. Termination

We may suspend or terminate your access to the Service at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles, except where preempted by federal law.

12. Arbitration Agreement

By agreeing to these Terms, you agree to resolve any dispute with us through binding arbitration rather than in court. Arbitration shall be conducted under the rules of the American Arbitration Association, and you waive any right to a jury trial or to participate in a class action.

13. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other; there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis.

14. Copyright Complaints (DMCA)

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please notify our designated DMCA Agent at [email protected] with the required information under the Digital Millennium Copyright Act.

15. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

16. Changes to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Service.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer without such consent will be null. We may assign or transfer these Terms without restriction.

18. Entire Agreement

These Terms constitute the entire agreement between you and Sunshine concerning the Service and supersede all prior agreements and understandings with respect thereto.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

21. Force Majeure

We shall not be held liable or responsible for any failure or delay in performance resulting from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental action.

22. Contact Us

If you have any questions about these Terms or the Service, please contact us at [email protected].

23. Survival

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.