Terms of Use

Introduction

Welcome to the Internet site (“Site”) of Brand Offerings, LLC (“Company” or “we” “our” or “us”). This Site is published and maintained by Company. Your access to and use of this Site is subject to the following terms and conditions (“Terms of Use”). When you access, browse, or use this Site, you accept, without limitation or qualification, the Terms of Use. If you do not agree with the Terms of Use, do not use this Site. For good and valuable considerations, the receipt and sufficiency of which are acknowledged, we both agree to the terms and conditions set forth herein.

Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation. As such, please check the terms of use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use will mean that you accept the changes.

Your Right to Use the Site and Site Content

(a) Company grants you a non-exclusive, non-transferable, right to enter, display, and use this Site to view the information provided and to order the products and services offered by Company and its partners. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

(b) Unless otherwise stated, this Site and the content provided in this Site (“Site Content”), including, but not limited to, the text and images contained on the site and their arrangement are the copyrighted property of Company and/or third party licensors. (Please note that while the terms Site and Site Content may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Site and Site Content.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the trademarks Brand Offerings, and The Offering.

(c) No portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of Company, except that you may download, display, and print one copy of the Site Content provided in this Site on any single computer for your personal, non-commercial home use only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, and (ii) you make no modifications whatsoever to the materials.

(d) We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, or content. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

Purchases

(a) The Site may allow you to purchase products (“Products”), supplied by Company and its independent partners (“Partners”). Company reserves the right to modify the price of any Products or services offered. Company is not responsible for any error in copy or images relating to Products or services.

(b) ALL ORDERS ARE SUBJECT TO AVAILABILITY. COMPANY EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF COMPANY AND ANY PARTNER, OR THIRD PARTY VENDOR, THE PRODUCTS OFFERED BY COMPANY OR ITS PARTNERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS TO OR INABILITY TO PURCHASE PRODUCTS OR SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE PRODUCTS OR ANY SERVICES PROVIDED HEREUNDER. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST COMPANY RESULTING FROM YOUR USE OF THE PRODUCTS.

Disclaimer of Warranties and Damages; Limitations of Liability

(a) YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND ANY INFORMATION, AND/OR MATERIALS OR MERCHANDISE OF ANY KIND THAT YOU OBTAIN BY USE OF THIS SITE IS OBTAINED AT YOUR OWN RISK. THIS SITE, THE SITE CONTENT, AND ANY AND ALL PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE ARE PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

(b) Links to or from this Site (“Linked Sites”) may exist. No judgment or warranty is made by Company with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. Company disclaims any responsibility for the accuracy, content, or availability of information found on Linked Sites. Company does not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. Company neither operates nor has any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites.

(c) NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS. IN NO EVENT WILL COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, SITE CONTENT, ANY OTHER CONTENT OR SERVICE ACCESSED THROUGH THIS SITE OR LINKED SITES, OR ANY COPYING, DISPLAYING OR USE THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

(d) You shall indemnify and hold Company harmless from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs of suit, arising out of or in connection with your use of this Site.

Termination

The Terms of Use are effective until terminated by either party. Company may terminate your access to the Site immediately without notice from us if, in our sole discretion, you fail to comply with any term of condition of the Terms of Use. You may terminate this Agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. Paragraphs 3(b), 4, 5, and 6 shall survive the termination of these Terms of Use for any reason.

Jurisdiction

You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. The Terms of Use are governed by and are in accordance with the laws and in the state and federal courts of the State of Vermont, U.S.A. You accept the exclusive personal jurisdiction, and waive any objections to the venue of such courts.