Brilliant Perspectives
Dispute Resolution Policy
Effective Date: January 1, 2025
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Introduction
Brilliant Perspectives, LLC ("Company", "we", "us", or "our") is committed to addressing disputes fairly and efficiently. This Dispute Resolution Policy outlines the procedures for resolving disputes between you and the Company arising from your use of our services.
This policy applies to all users of our services, including customers, members, and affiliates.
Step 1: Informal Resolution (Required First Step)
Before pursuing formal dispute resolution, you must first attempt to resolve the dispute informally by contacting our support team.
Most concerns can be resolved quickly and satisfactorily through direct communication with our team. To initiate informal resolution:
- Contact us at help@brilliantperspectives.com with "Dispute Resolution Request" in the subject line
- Include your name, contact information, and account details
- Clearly describe the nature of your dispute or concern
- Explain the resolution you are seeking
- Include any relevant documentation or evidence
We will respond to your request within 10 business days and work with you in good faith to resolve the dispute. The informal resolution process must be completed (or attempted for at least 30 days) before proceeding to formal dispute resolution.
Step 2: Formal Dispute Resolution
If we are unable to resolve your dispute through informal means, you may pursue formal resolution as described below.
Arbitration Agreement
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration.
Arbitration Procedures
- Arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures
- The arbitration shall be conducted by a single arbitrator with experience in consumer and/or commercial disputes
- The arbitration shall take place in Santa Barbara County, California, or may be conducted by videoconference if mutually agreed
- The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction
Costs of Arbitration
Each party shall bear its own costs in the arbitration, including attorney's fees. The arbitration fees shall be split equally between the parties, unless the arbitrator determines that imposing the fees on you would be prohibitively costly, in which case the Company will pay a greater share of the fees.
Class Action Waiver
IMPORTANT: You agree that any arbitration or proceeding shall be limited to the dispute between you and the Company individually.
To the fullest 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 on a class-action basis
- There is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons
Exceptions to Arbitration
The following types of disputes are excluded from the arbitration agreement:
- Claims that may be brought in small claims court if they qualify
- Claims related to intellectual property infringement (which may be brought in court)
- Requests for injunctive or equitable relief to protect rights pending arbitration
Governing Law and Jurisdiction
This Dispute Resolution Policy and any disputes arising hereunder shall be governed by the laws of the State of California, without regard to conflict of law principles.
For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Barbara County, California.
Time Limitation on Claims
Any claim or cause of action arising out of or related to the use of our services must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred, regardless of any statute or law to the contrary.
Severability
If any provision of this Dispute Resolution Policy is found to be invalid or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.
However, if the Class Action Waiver is found to be unenforceable, then the entire arbitration agreement shall be null and void (but the remaining provisions of the Terms of Service shall still apply).
Changes to This Policy
We may modify this Dispute Resolution Policy from time to time. The updated version will be posted on this page with a new effective date. Changes apply only to disputes arising after the effective date of the modified policy.
Contact Information
For questions about this policy or to initiate the dispute resolution process, please contact:
Brilliant Perspectives LLC
Dispute Resolution
735 State St. #517
Santa Barbara, CA 93101
Email: help@brilliantperspectives.com
Voicemail: (800) 351-7541
Last Updated: January 1, 2025