STORE POLICY | Brother's Retail

IMPORTANT PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS WEB SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT

Your use to this site will bind you to these Terms of Use. Brother’s Distributers (BDI) has the right to update and/or modify these Terms of Use at any time without prior notice. BDI advises you to review these Terms of Use every time you use this Site.

Please read these Terms of Use carefully. Also, read our Privacy Policy. BDI has established these Terms of Use for BDI’s Web site. By using the Site, you agree to bound by the Terms of Use, including our Privacy Policy. Any unauthorized use of the Site or its content is prohibited.

Do not use this site if you do not agree with any of these Terms of Use.

It is your responsibility to regularly review the Terms of Use. BDI may revise/change any terms on this Site at any time without notice. If the Terms of Use change at ay time, it will be updated immediately on this Site. If there is any concern about the Terms of Use of this Web site, please make sure to check back at this page on our Web site periodically.

Users of the Site shall not access or use the Site from territories where its contents or use are illegal, restricted, or prohibited by law. BDI is not responsible for your access or use of this Site. You also agree to bound by all applicable laws and regulations, and you agree that you and you alone are responsible for compliance with any applicable local laws.

BDI produces this Site. The content of this Site is protected under applicable copyright and trademark laws including without limitations United States federal laws.

Except as expressly provided in these Terms of Use, nothing contained in these Terms of Use shall be construed as conferring any license or right, by implication, estoppels or otherwise, under the copyright or other intellectual property rights.

You have permission to temporarily download one copy of the materials on the Site for transitory viewing only. Except as provided in the proceeding sentence, you are not allowed to use the site for any commercial purpose. This is the grant of a limited, revocable license, not a transfer of title, and under this license, you may not: (1)modify or copy the materials, use the materials for any commercial purpose, except as provided above, or for any public display; (2) attempt to decompile or reverse engineer any software contained on the Site; (3) remove any copyright or other proprietary notations from materials; (4) transfer the materials to another person; or (5) copy the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions, and may be terminated by BDI at any time, in its sole discretions. Upon terminating your viewing of these materials or upon the termination of the license, you must get rid of any downloaded materials in your possession whether in electronic or printed format.

You may not use any network monitoring or discovery software to determine the site architecture or extract information about usage or users. You may not use any automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted in these Terms of Use. You may not use or otherwise export or re-export the Site or any portion thereof, the content or any software available on or through the Site in violation of the export control laws and regulations of the United States of America.

BDI is not responsible for any errors in or omission from the information contained in or accessed through this Site. BDI will not be liable for any damages or injury resulting from users’ access to or inability to access this Site or from reliance on any information at this Site.

BDI does not guarantee that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. BDI does not warrant that the information available on or through the Site will be correct, accurate, timely, or otherwise reliable. BDI may make improvements and/or changes to its features, functionality, or content at any time.

BDI has taken efforts to display as accurately as possible the colors of the products shown on this Site. Because the colors you see will depend on your monitors, BDI doe3s not guarantee that your monitor’s display of any color will be accurate.

ALL INFORMATION ON OR FROM THIS SITE IS PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND.

BDI AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATIONS, THE WARRANTIES OF ACCURACY, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT THEREON. BDI AND ITS AFFILIATES DISCLAIM ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THIS SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THIS SITE, OR YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE.

LIMITATION OF LIABILITY. BDI AND ITS AFFILIATES SHALL HAVE NO TORT, CONTRACT, OR ANY OTHER LIABILITY TO YOU AND/OR ANY THIRD PARTY. BDI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE. BDI AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOST PROFITS OR LSOT OPPORTUNITY) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT EVEN IF BDI OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, BDI AND/OR ITS AFFILIATES’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO USD $1.00.

Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitations of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state or local provisions that supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder of this disclaimer.

This Site may provide links or references on the Site to other Web sites. BDI may or may not have a business or other relationship with the owners or operators of these sites, or these sites themselves. BDI provides these links or references as a convenience only. BDI is not responsible for the privacy practices or the content of linked or referenced SITES. Any reference to a hypertext link obtained endorsement arrangement or any other relationship between BDI and anything found at any such linked site, including any organization, product, process, service, or other information. Furthermore, you linking to another site IS ENTIRELY AT YOUR OWN RISK. The views and opinions expressed in any referenced hypertext link do not necessarily state or reflect those of BDI.

As with the Site itself, in no event shall BDI, its parent, affiliates, divisions, and subsidiaries, and their respective officers, directors, employees, agents, representatives, information providers and licensors, and their respective heirs and assigns, be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages from your licking or following any links on the Site.

BDI intends to leave each visitor to the Site wit the decisions of whether to forwards personal or other information to BDI, subject to these Terms of Use, and our Privacy Policy. Unless expressly agreed in a separate writing signed by an officer of BDI, any information, data, material, or other information you provide, transmit or post to this Site or to BDI will be considered non-confidential and non-proprietary. If BDI receives information via this Site, the Internet, fax, or mail, BDI will treat it as if it were an authorized transmission, and except as otherwise stated in our Privacy Policy, BDI reserves the right to use and reproduce such information for any purpose whatsoever.

Except as expressly stated in our Privacy Policy, BDI will have no obligations with respect to the Submitted Information. You may not transmit or post anything to this Site that is unlawful, threatening, pornographic, obscene, profane, hateful, racist, libelous, defamatory, or that would otherwise violate any law.

Under no circumstances, should you use our Site or any of the fax and mailing addresses on the Site to send BDI confidential or proprietary information. Unless expressly agreed in a separate writing signed by an officer of BDI. BDI does not want to receive confidential or proprietary information from you. All information and data you submit shall be deemed to be non-confidential and non-proprietary, and except as expressly set forth in our Privacy Policy, BDI shall be free to disclose and use, without any obligations whatsoever towards you, for any purpose and through any means.

Certain sections of this Site may require you to register. If registrations are requested, you agree to privide3 BDI with accurate, complete registration information. It is your responsibility to inform BDI of any changes to that information by accessing the registration portion of the Site. Unless otherwise indicated, each registration is for a single user only. While BDI does not encourage any other person using the registered sections under your name, you alone are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify BDI immediately by e-mailing: brothers.beautyproducts@gmail.com. BDI makes no representations or promises or warranties that it can or will be able to prevent any unauthorized use of your registrations.

Except as expressly state din these Terms of Use regarding your shopping experience or in our Privacy Policy, by uploading content, or submitting any materials for use on the Site, Including Submitted Information, you grant BDI a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, sublicense, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe, for the full term of any copyright that may exist in such content and all copyright extensions. You also permit others to access, view, store, or reproduce the content for their personal use. Subject to this grant, the owner of content placed on our Site retains any all rights that may exist in such content.

Except as expressly stated in these Terms of Use regarding your shopping experience or in our Privacy Policy, you are solely liable for any Submitted Information. You agree to indemnify, defend and hold harmless BDI from any claim, action, demand, loss, or damages arising out of or relating to your violation of these Terms of Use, your use of the Site, the Submitted Information, or your violation of any right of a third party.

BDI may invite you to participate in online surveys or give us personal information. Unless otherwise stated, participation is voluntary. See our Privacy Policy for additional information regarding our information collection and disclosure practices. From time to time, BDI may provide coupons, or run sweepstakes, drawings, or other promotions on the Site. These promotions are subject to additional terms and conditions that will be made available at the time of such provisions or competitions. Web coupons are limited to one coupon per person, per visit except for occasional ‘no purchase required’ coupons, which are limited to one free item per household, per offer. Any attempt to redeem more than one coupon per offer constitutes fraud.

Unless otherwise agreed in a separate writing signed by a BDI designated representative, linking to the Site is allowed only under the conditions listed below and in these Terms of Use. You may provide a hypertext link to this Site on another Web site, provided that (1) the link must be a text-only link clearly marked “BDI Home Page”, and pointing to the Site’s home page; any links pointing to subsections of the Site are strictly prohibited; (2) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with BDI name and trademarks, or the Site, (3) the appearance, position and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by BDI, (4) the link, when activated by a user, must display this Site full-screen and not within a “frame” or similar technology on the linked site, and you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on this Site, and (5) BDI reserves the right to revoke its consent to the link at any time in its sole discretion.

If you link to the Site, you must give BDI prior notice of such link by sending an e-mail to brothers.beautyproducs@gmail.com, and you must agree to discontinue providing links to this Site if requested by BDI. If you wish to provide links to a section within the Site, you should forward your request to BDI at the e-mail address set forth above. Notwithstanding this, you may not provide links to a section within the Site without the prior express written permission signed by an officer of BDI.

The trademarks, service marks, logos, and graphics appearing on this Site are unless otherwise identified, sometimes registered and sometimes unregistered trademarks of BDI, one of BDI’s related entities, or a third party with whom BDI may or may not have a business or other relationship. Product names used on this Site are for identification purposes only and may likewise be the trademarks of their respective companies. No license or right is granted by implication, estoppel, or any other means to use any Trademark appearing on this Site. Any use of BDI Trademarks or linking to this Site must follow the terms set out in these Terms of Use. If you are unsure whether a trademark, service mark, logo, or graphic is the property of or under a license to BDI, or if you have any questions about the use of BDI’s Trademarks, please contact BDI by telephone at (321)281-3022 or by e-mail at webmaster@burmax.com. BDI vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property.

Notwithstanding anything in these Terms of Use, Trademarks may not be modified. Any rights not expressly granted herein are reserved. Any use of Trademarks is strictly prohibited without prior written consent from BDI and/or the owner or licensee of the Trademarks.

BDI claims copyright in this Site to the fullest extent allowed by applicable law. The works of authorship contained in this Site and the domain www.brothersdistributors.com, including but not limited to all design, text, and images are owned, except as otherwise expressly stated, by BDI and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without BDI’s prior written consent, except to the extent that such use constitutes “fair use” under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright notice. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws, and could result in criminal or civil penalties.

The terms of this Site and any claims relating to this Site shall, except as required under applicable United States federal law, be governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any action arising out of or relating to these Terms of Use shall be filed only in state or federal courts located in or sitting over Denton, Denton County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

BDI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from an Internet address to the BDI’s Sites and their features. BDI reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action BDI deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

These Terms of Use incorporate by reference any notices contained on the Site itself, including the Privacy Policy (but not on sites to which this Site may link), and constitute the entire agreement with respect to access to and use of the Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions.

BDI will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to appropriate enforcement authorities. You are advised that BDI will fully aggressively enforce its rights of the law, including, without limitation, the seeking of criminal prosecution.

By accepting these Terms of Use through your use of the Site, you certify that you are above the age of majority in the state or jurisdiction where you reside (generally 18 years of age or older). If you are under the age of 18 but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. As per our Privacy Policy, BDI does not intentionally collect personal information about children under the age of 13. Children under the age of 13 may not use this Site, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.