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TERMS OF USE

Last updated: September 3, 2019

Welcome to Brahmin.com. Brahmin (defined below) provides this site to you subject to the following terms of use ("Terms"). If you visit or shop at Brahmin.com, you accept these Terms and Brahmin’s Privacy Policy. If you participate in any of Brahmin’s loyalty programs, including but not limited to its Rewards, Ratings and Reviews, Refer a Friend, and/or Visual Commerce programs (collectively, the “Loyalty Programs”), or if you participate in any contests held by Brahmin, you also agree to Brahmin’s Privacy Policy, these Terms and the Terms of Use for the applicable Loyalty Program or contest. Please read all Terms and the Privacy Policy carefully.

If you purchase products on the Brahmin Website (the “Site”) or participate in any, or all, of the Loyalty Programs, you agree that we may provide you with notices concerning Brahmin or this Site electronically, including notice to any email address that you may provide. The “Site” includes by definition, and these Terms apply to, the Site itself, and any mobile app, web pages, interactive features, other applications, widgets, blogs, social networks, social network "tabs," or other online or wireless offerings that link to these Terms, whether accessed via computer, mobile device or other technology, manner or means.

REGISTRATION

You must register on the Site to use certain of its functions, or to participate in the Loyalty Programs. During registration you will be required to provide contact information including an email address, user name and password. You can select any username, except that your username cannot confusingly attempt to impersonate another person or be offensive in any way. Brahmin reserves the right to reject or remove a user name. You consent to your user name being shared with others.

AGE OF USERS

Children under the age of 18 may not use this Site, and parents may not agree to these Terms on their behalf. If we become aware that a child under the age of 18 has provided, or attempted to provide, us with personal information we will use our best efforts to remove this information permanently from our files.

INTELLECTUAL PROPERTY

All content included on this site, such as text, graphics, logos, button icons, videos, and images, is property of Brahmin or the property of our content suppliers, and is protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers, and protected by United States and international copyright laws.

Facebook, Twitter, Instagram, Pinterest and other social media sites are the property of their respective companies and the social media sites are not affiliated with Brahmin. Any submission of Customer Content (defined below) via these or other social media sites is subject to all rules and regulations of such sites. If you choose to submit Customer Content using your mobile phone, standard data fees may apply.

USE OF THE SITE

You may use this Site for personal, non-commercial use only. You represent and warrant that you will not download (other than page caching) or modify the Site, or any portion of it, except with our express written consent. You agree you will not use this Site or its contents for resale or commercial use without Brahmin’s express, written consent. You agree you will not: (i) copy, reproduce, make derivative works, distribute copies, perform or display the contents of this site, including trademarks, logos, product listings, descriptions, prices, photographs, images or video content; (ii) download or copy of account information other than your own; (iii) use data mining, robots, or similar data gathering and extraction tools; or (iv) frame or utilize framing techniques to enclose any Site content including trademarks, logos, product listings, descriptions, prices, photographs, images or video content. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates your permission to use this Site and its features, and Brahmin reserves the right to terminate your access to this Site at any time.

CUSTOMER CONTENT AND IDEMNIFICATION

Visitors may submit reviews, suggestions, ideas, comments, questions, photographs, images, videos or other information (“Customer Content”), so long as the Customer Content is not illegal, obscene, threatening, defamatory, invasive of the privacy or others, infringing of intellectual property rights, objectionable or otherwise injurious to third parties. We reserve the right to monitor Customer Content as we deem appropriate and to remove any material that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purposes for the Site.

You represent and warrant that:

you are responsible for the Customer Content you submit, and that your Customer Content does not violate these Terms or the Terms of Use of any Loyalty Program;
the Customer Content you submit does not infringe any third party copyright, patent, trademark, trade secret, other proprietary rights, or rights of publicity or privacy of a third party;
you voluntarily waive all moral rights you may have in the Customer Content with respect to Brahmin, including the right of attribution, the right to anonymous publication, and the exclusive right to make derivative works of the Customer Content;
you were not compensated or granted any consideration by a third party in exchange for posting the Customer Content;
the Customer Content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," or any information that references other websites, addresses, email addresses, contact information, phone numbers or third party Personal Information (defined in the Privacy Policy);
the Customer Content does not violate any law, statute, ordinance or regulation, including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; and
that the Customer Content is accurate and is not, or will not reasonably be considered to be, misleading, inaccurate, false, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership or corporation, or reasonably like to cause harm or injury to any person or entity.

If you submit Customer Content, you grant Brahmin a nonexclusive, royalty-free, perpetual, irrevocable, transferrable, sublicensable, worldwide license right to copy, reproduce, prepare derivative works, distribute, publically display, and perform all Customer Content throughout the world in any media now known or hereafter devised. This exploitation may include, without limitation, use of your Customer Content to endorse Brahmin or third-party products and services. Additionally, you further grant Brahmin a nonexclusive, royalty-free, perpetual, irrevocable, transferrable, sublicensable, worldwide license to exploit your name, alias (e.g. a username, Twitter or Instagram handle), likeness, personality, voice, and any other materials or information you submit to Brahmin in connection with your use of the Site or participation in any Loyalty Program.

Brahmin has the right, but not the obligation, to monitor, edit or remove any Customer Content. We take no responsibility and assume no liability for any Customer Content posted by you or any third party.

You hereby irrevocably waive any and all rights to seek or obtain any injunctive or other equitable or compensatory relief against Brahmin for its use or exploitation of the Customer Content or your name, alias, likeness, personality, or any other materials you submit in connection with your participation in a Loyalty Program.

YYou agree to indemnify and hold harmless Brahmin, its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers, including but not limited to Social Annex, (collectively, “Brahmin”) from all claims, demands, and incidental and consequential damages, including reasonable attorneys' fees, resulting from your use of the Site, the Customer Content you supply, breach of your representations and warranties set forth in these Terms or in any Loyalty Program Terms of Use, your violation of any law, or your violation of the rights of a third party. Brahmin reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which you agree to cooperate.

PRODUCT DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; BRAHMIN OR THIRD PARTY SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF NOTIFIED IN WRITING OF THE POTENTIAL FOR SUCH DAMAGES.

YOU MAY NOT ASSERT ANY CLAIMS FOR MONETARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

In addition to the disclaimers, exclusions and limitations contained in the Terms, to the extent permissible under applicable law, Brahmin disclaims responsibility for and will not be liable for: (i) your ability or inability to upload or download any Customer Content onto the Site; (ii) technical problems or malfunctions that affect the Site or viewing of the Customer Content; (iii) lost, faulty, illegible, distorted, jumbled, garbled, delayed, or intercepted or otherwise un-received Customer Content or data transmissions; (iv) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code; or (v) any condition beyond Brahmin ’s control.

COMPANY ACTIONS REGARDING VIOLATIONS

We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your access and/or account. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. You also agree to reimburse us for any damage, loss, cost or expense we incur (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your use of the Site for any unlawful or prohibited purpose.

APPLICABLE LAW AND VENUE

By visiting the Site, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us. Any dispute relating in any way to your visit to the Site or to products or services sold or distributed by us shall be adjudicated in any state or federal court in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

MODIFICATION, SEVERABILITY & ASSIGNMENT

These Terms, the Privacy Policy, and the Loyalty Programs Terms of Use posted on this Site supersede all previous agreements. Brahmin may change or discontinue the Site; its content, services, functions or features; and these Terms, the Privacy Policy, or the Terms for any of the Loyalty Programs at any time without notice. You can review the current Terms and Privacy Policy by clicking the applicable link. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Brahmin may assign the Terms and the Loyalty Program Terms, or delegate any of its rights or obligations, or any part thereof, to any third party, including its successor in interest, without requiring your written consent. You may not assign your obligations under these Terms in whole or in part. These Terms and the Loyalty Program Terms shall be binding upon and shall inure to the benefit of the parties and their heirs, executors, administrators, successors, and assigns.

INTERNATIONAL USE

Brahmin makes no representations that the Site or its content is appropriate or available for use in locations outside the United States. If you chose to access the Site from a location outside the United States, you do so on your own initiative and you are responsible for compliance with local laws.

DIGITAL MILLENIUM COPYRIGHT ACT

If you believe your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the copyright or intellectual property owner;
A description of the work you claim is infringed;
A link to or description of the location of the material sufficient to allow us to find it;
Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner; and
Your statement, made under the penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized agent authorized to act on the owner’s behalf.

Brahmin's agent for notice of claims of copyright or intellectual property infringement can be reaches as follows:

Address: 77 Alden Road, Fairhaven, MA 02719

Phone: 508-994-4000

CONTACT US

We welcome any comments or questions you may have. Please contact us with your comments or questions at https://www.brahmin.com/contact-us, by phone at 1-800-229-2428, or by email at: customer_service@brahminusa.com.