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BROOK & WHITTLE TERMS OF USE

Through this website ("Website"), Brook & Whittle Corporation and its affiliates (collectively, "Brook & Whittle") will provide you with online access to information about and the right to use certain services in connection with ordering products and services provided by Brook & Whittle and its affiliates (the "Services"). These Terms of Use (the "Terms of Use") are between you and Brook & Whittle concerning your use of the Website. Throughout these Terms of Use, the terms "we," "us" and "our" refer to Brook & Whittle and its affiliates. Your use of the Services and this Website is conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of the Services and this Website constitutes your consent and agreement to these Terms of Use. Brook & Whittle may change these Terms of Use at any time. Any changes will become effective when the revised Terms of Use are posted on the Website or you are otherwise notified of such changes. If you do not agree to these Terms of Use, please do not use this Website.

1. Use of Materials on the Website

All content on this Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof ("Content")), is the exclusive property of and owned by Brook & Whittle, its affiliates, their licensors or content providers, and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the Content contained on the Website for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of Content on the Website, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Website, or use of the Website for purposes competitive to Brook & Whittle, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Website as it may be updated from time to time. Brook & Whittle, or its licensors or content providers, retain full and complete title to the material provided on the Website, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Brook & Whittle's sole discretion. Brook & Whittle neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with Brook & Whittle.

You may not use any information contained on this Site other than in connection with the Services provided by Brook & Whittle. Access to this Website is limited to viewing the linked web pages solely for legitimate business purposes and to access the Services at this Website. Any access, or attempt to access, other areas of Brook & Whittle’s computers system or other information contained on such systems for any purposes is strictly prohibited. Any intentional damage to or intentional interruption of Brook & Whittle’s computer systems, as well as computer resources and/or system service, or carrying on of personal business or illegal activities will be cause for termination of these Terms of Use. You agree to hold Brook & Whittle, its affiliates, their licensors or content providers harmless for damages and losses incurred as a result of misuse of this Website.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Brook & Whittle reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Brook & Whittle may be entitled at law or in equity.

2. Registration: User Names and Passwords

Some features that may be available on this Website require registration. By registering at and in consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.

You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, you shall notify Brook & Whittle immediately. Brook & Whittle will assume that any communications Brook & Whittle receives under your password have been made by you unless Brook & Whittle receives notice otherwise.

Brook & Whittle reserves the right to refuse or cancel any person's registration for this Website, remove any person from this Website, or prohibit any person from using this Website for any reason whatsoever.

3. Rules of Conduct

You must not post, transmit or otherwise make available any materials through or in connection with the Website that may be illegal or objectionable to Brook & Whittle, its affiliates, their licensors or content providers; or use the Website in any manner that may be illegal or objectionable to Brook & Whittle, its affiliates, their licensors or content providers. You may neither post, nor use, prohibited materials. You may not use the Website to engage in prohibited activities.

Prohibited materials include, without limitation: any computer code, file, or program that is or may be harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Prohibited activities include, without limitation:

  1. Harvesting or collecting information about users of the Service;
  2. Interfering with or disrupting the operation of the Service or the servers or networks used to make the Service available;
  3. Exploiting any portion of (or using) the Service except as expressly authorized herein;
  4. Reverse engineering, decompiling or disassembling any portion of the Service, except where such restriction is expressly prohibited by applicable law; and
  5. Using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," or otherwise gather content of the Service, or
  6. Reproduce or circumvent the navigational structure or presentation of the Service.

You or third parties acting on your behalf are not allowed to frame this Website or use our proprietary marks as metatags, without our prior written consent. You may not use frames or utilize framing techniques or technology to enclose any content included on the Website without Brook & Whittle's express written consent. Further, you may not utilize any Website content in any metatags or any other "hidden text" techniques or technologies without Brook & Whittle's express written consent.

Brook & Whittle consents only to links to this Website in which the link and the pages that are activated by the link do not:

  1. Create frames around any page on this Website or use other techniques that alter in any way the visual presentation or appearance of any content within this Website;
  2. Misrepresent your relationship with Brook & Whittle;
  3. Imply that Brook & Whittle approves or endorses you, your website, or your service or product offerings; and
  4. Present false or misleading impressions about Brook & Whittle or otherwise damage the goodwill associated with the Brook & Whittle name or trademarks.

As a further condition to being permitted to link to this Website, you agree that Brook & Whittle may at any time, in its sole discretion, terminate permission to link to this Website. In such event, you agree to immediately remove all links to this Website and to cease any related use of Brook & Whittle trademarks.

4. User Submitted Materials

Any materials submitted by you, including, without limitation, photographs, videos, images, text, graphics and other materials (collectively, "User Submitted Materials") are subject to the following terms and conditions:

You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Submitted Materials solely in connection with the production or provision of any product or service you request or to show you how your User Submitted Materials would appear in our products or services. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials for production, packaging and shipment.

Please note that, while you retain ownership of your User Submitted Materials, any template or layout in which you arrange or organize such User Submitted Materials through tools and features made available through the Site are not proprietary to you, and the rights to such template or layout will remain with us. You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trade secret right or other intellectual property or other property right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.

You consent to the use of your likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Submitted Materials to use such individual's likeness, for purposes of using and otherwise exploiting the User Submitted Materials in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's name or address) with such User Submitted Materials.

You agree that we may (but are not obligated to) filter any User Submitted Materials (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) and/or disclose any User Submitted Materials and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.

You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys' fees) that arise directly or indirectly out of or from:

  1. Your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law;
  2. Your User Submitted Materials;
  3. Your activities in connection with obtaining any products or services from us, or
  4. Any activity related to access to or use of your account by you or any other person.

User Submitted Materials that violate these Terms may be removed from our Website; provided, however, that we have no obligation to remove User Submitted Materials in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Submitted Materials from our Website. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.

5. Links

This Website may contain links to other websites, some of which are operated by Brook & Whittle or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We are not responsible for the content of those or any other websites or any products or services that may be offered through those or any other websites. Inclusion of links to other websites should not be viewed as an endorsement of the content of linked websites. Different terms and conditions may apply to your use of any linked websites. Brook & Whittle is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked websites.

6. Privacy

When you use this Website, you consent to the collection and use of information by Brook & Whittle as specified in the Online Privacy Statement found at https://brookandwhittle.com/privacy-policy.

7. DISCLAIMER OF WARRANTY

USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. BROOK & WHITTLE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, BROOK & WHITTLE MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BROOK & WHITTLE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, OR USER SUBMITTED MATERIALS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BROOK & WHITTLE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. YOU SPECIFICALLY ACKNOWLEDGE THAT BROOK & WHITTLE, ITS AFFILIATES, THEIR LICENSORS OR CONTENT PROVIDERS ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, YOU SPECIFICALLY ACKNOWLEDGE THAT BROOK & WHITTLE, ITS AFFILIATES, THEIR LICENSORS OR CONTENT PROVIDERS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY SUBMISSIONS, DATA OR OTHER MATERIALS THAT HAVE BEEN UPLOADED OR SUBMITTED BY YOU OR OTHER THIRD PARTIES OR FOR ANY UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO SUCH SUBMISSIONS, DATA OR MATERIALS.

9. GENERAL PROVISIONS

  1. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Brook & Whittle of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
  2. Updates, Correction of Errors, and Inaccuracies. The Website or Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Brook & Whittle therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this Website or Content at any time without prior notice. Brook & Whittle does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.
  3. Choice of Law/Forum. This Terms of Use will be governed by and interpreted under the laws of the State of New York, without regard to any conflicts of laws principles thereof. Any dispute, other than for claims of non-payment, shall be settled by arbitration, with the then prevailing rules of the American Arbitration Association. Any proceeding brought to enforce any provision of this Terms of Use shall be brought in New York, New York and each party consents to the exclusive jurisdiction thereof, and venue therein.
  4. Miscellaneous. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provision. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Notices to you (including notices of changes to these Terms of Use) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail.