Last Updated: December 9, 2011
Registration (if applicable)
Visiting this Site: By using this site you agree not to:
Sharing Information: By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
Your Submissions: If you choose to upload or otherwise submit any material through the Website, including without limitation, video photographs, images, text, graphics, sounds, data, or files to the Website, by uploading such video or photographs you represent and warrant that: (1) you own or otherwise possess all necessary rights with respect to your Submissions; (2) your Submissions do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party; and (3) you hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, 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 with a copy of any such consents, releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or right to use your Submissions. If, upon such request, we do not receive information we deem sufficient to evidence such rights, we reserve the right to: (i) suspend the shipping of an order or service relating to such content, and/or (ii) share the content and information regarding the member with governmental organizations, law enforcement authorities or other third parties.
You must be 18 to order or purchase Services from this site unless you have the specific permission from a parent or legal guardian. If you use any chat room or other community page on the Website, you must be at least thirteen (13) years old. We recommend that minors over age 13 (that is, between ages 13 and 18) obtain their parent’s or guardian’s permission before sending information about themselves to anyone online. Click here for tips on staying safe online.
If you are a convicted sexual predator, you may not use any such Website feature (chat rooms or community pages).
Obligations & Responsibilities
You acknowledge that, by providing you with the ability to view and distribute user-generated content on the Website, we are acting only as a passive conduit for such distribution, and we are not undertaking any obligation or liability relating to any such content. We do not and cannot review all communications and materials posted to the Website, and we are not responsible for the content of such communications and materials. All such content is offered AS IS, and you view and use it at your own risk. You acknowledge and agree that we may (but are not obligated to) do any of the following, at our discretion: (1) monitor and/or filter any Submissions; (2) remove or refuse to send, transmit, or otherwise use any Submission (including without limitation, by suspending the processing and shipping of any order related to any Submission); and/or (3) disclose any Submission, and the circumstances surrounding the transmission or use thereof to any third party.
If you become aware of misuse of the Website by any person, please contact us at firstname.lastname@example.org
Because we do not control the security of the Internet or other networks you use to access the Website or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Brookhollow and the Website while it is being transmitted. In addition, Brookhollow is not responsible for any data lost during transmission.
Our Use of Information Submitted
You agree that we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Website or other products or services.
Any ideas and/or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us.
Order Acceptance & Payment
We reserve the right at any time after receipt of your order to either accept or decline your order for any reason. We reserve the right at any time after the receipt of the order, to supply less than the quantity you ordered of any item. Some circumstances under which we may cancel the order may include but are not limited to 1) defects or damages found at the time of shipping, 2) errors in the product description, quantity and pricing on our website or catalog (if applicable), 3) due to any typographical error, (4) if an item is out of stock or no longer available, (5) we become aware of a product safety concern, or (6) if a product is in violation of copyright or infringement laws or any other legal issue. By placing an order, you accept and agree that the total liability of us under any legal claims whatsoever, shall be limited to the amount of money you have actually paid solely and only for placing the order. If your order is rejected or limited by us, your exclusive and sole remedy is either (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card had been charged for the order), (b) we will issue a check for the amount paid by you if payment was received check (if applicable/accepted) or (c) we will not charge your credit card for the cancelled portion of the order of the quantity not provided. It will be in our sole discretion how to refund, refinance, or replace an item with a similar or identical product.
For each product or service you order from the website, you agree to pay the price applicable for the product or service (including any sales tax, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. Unless agreed upon an alternative billing arrangement in writing, we will automatically bill your credit card submitted as part of the order process. By using a credit or debit card you signify that you are the rightful owner of the card. We shall not be responsible for inappropriate credit card use nor shall we bear the responsibility to verify credit card owner. Without limiting remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. By ordering from us, you agree to pay for all collection costs, attorneys fees, and court costs incurred in the collection of past due amounts.
Voucher Terms & Conditions (if applicable)
There are two separate parts to each Voucher: (a) the purchase value and (b) the promotional value. Together the purchase value and the promotional value add up to the full offer value of the Voucher. The purchase value is the amount you agree to pay to buy a Voucher. The purchase value does not expire until it is used or refunded. The promotional value is the “added” value of the Voucher – the amount in excess of the purchase value. The promotional value will expire by the date stated on the face of the Voucher unless applicable law prohibits the promotional value from expiring. For example, if you pay $10 for a Voucher that gets you $30 of goods or services from this Website, the full offer value is $30, the purchase value is $10 (and that purchase value amount does not expire until it is used or is refunded), and the promotional value is $20 and it expires on the date stated on the Voucher (unless expiration of the promotional value is prohibited by law). As stated above, the purchase value does not expire and may be refunded; however, refunds may take up to forty-five (45) days to process.
To obtain a refund you must:
Vouchers are transferrable but we will only issue a refund the person who actually paid for the Voucher. We will issue a refund to the credit card or a credit to the account of the person who bought that Voucher even if that person gave the Voucher to someone else.
All trademarks, service marks and trade names of ours used on the Website are trademarks or registered trademarks of us in the U.S. and/or other countries. They may not be used without our prior express written permission. All other trademarks that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
The entire content of the Website, including but not limited to text, graphics and code, is our property. We grant you permission to electronically copy and print hard copy portions of the Website solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Website content is strictly prohibited, unless authorized by us in writing.
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide our Copyright Agent with a written notice containing the following information:
Claims of infringement should be mailed via certified mail, return receipt requested, to the following address:General Counsel1725 Roe Crest DriveNorth Mankato, MN 56003
Warranty Disclaimer & Liability Limit
To the fullest extent permissible under applicable law, we present the Website and the Services “AS IS” and without any warranty of any kind, whether express, implied, or statutory. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the functions contained in the Website will be uninterrupted or error-free, that defects will be corrected or that this Website or the server that makes this website available are free of viruses or other harmful components. In the event of any breach of any warranty, your exclusive remedy shall be that we shall, at our option, repair, replace, or refund the price you paid for any defective goods. We assume no liability or responsibility for any errors or omissions on the Website; any failures, delays or interruptions in the Website's accessibility; any losses or damages arising from the use of the Website; or any conduct by other users of the Website. We reserve the right to deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY OF THE SERVICE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE PRODUCT. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
By using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your use of the Website shall be governed by the laws of Minnesota, without regard to choice of law provisions. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Website shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Nicollet County, Minnesota. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises, or it shall be forever barred.
The Services are controlled and operated within the United States, and are not intended to be subject to the laws or jurisdiction of any country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the Services availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.