BRICKELL WEBSITE TERMS OF USE

Last modified 6/20/19

PLEASE READ THESE TERMS OF USE CAREFULLY. By accessing, browsing, and/or using the pages in this website ("Site"), which belongs to Brickell Brands LLC ("Brickell", "we", or "us"), you agree to these Terms of Use without limitation or qualification.

You attest that you are at least eighteen (18) years of age and that you will not use the Site for any unlawful purpose. Please note: these Terms of Use contain disclaimers and other provisions that limit the liability of Brickell, its subsidiaries, and affiliates, to you.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THIS SITE. We reserve the right to change these Terms from time to time. The Terms may be updated by posting the new or updated Terms on our Site, and the latest modification date is posted at the top of this document. Your continued use of the Site following the posting of changes to these Terms (including the Privacy Policy) will mean you accept those changes and that such changes shall apply to Your use of the Site after such changes have been posted.

1. Restrictions on Use

Material from this or any World Wide Web site owned, operated, licensed, or controlled by Brickell may not be copied or distributed, or republished, posted, uploaded, or transmitted in any way, without the prior written consent of Brickell, except that you may download one (1) copy of the material on one computer for your personal, non-commercial home use only. Modification or use of the materials for any other purpose violates the Brickell's intellectual property rights. The material in this Site is provided for lawful purposes only.

If you do download images or other material from our Site, all files, images, and accompanying data are deemed to be licensed to you by Brickell, which retains full and complete title to such images and material. All of the Material available on Brickell's Sites is proprietary and the subject of copyright, author's rights or other rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. You agree not to create any kind of derivative works from, or exploit this material in any way.

You agree that the unauthorized use of this material could cause irreparable harm to Brickell and that in the event of an unauthorized use, Brickell shall be entitled to obtain an injunction in addition to any other remedies available at law or in equity.

2. Material that You Elect to Provide to Brickell Via This Site

All remarks, comments, graphics, photos, or other information communicated to Brickell through this Site will forever be the property of Brickell. Brickell will not be required to treat your submission as confidential, and will be entitled to use your submission for any commercial or other purposes whatsoever without compensation to you or any other person involved with your submission. Further, Brickell will have exclusive ownership of all present and future existing rights to your submission of every kind and nature everywhere. This means that anything submitted by you to the Site (i.e., photos, videos) may be used by Brickell for any purpose, now or in the future, without any payment to, or further authorization by, you. Brickell also has the right, but not the obligation, to use your name (if you opted to provide that) in connection with the broadcast, print, online or other use or publication of your Submission.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Brickell will fully cooperate with any law enforcement authorities or court order requesting or directing Brickell to disclose the identity of anyone posting any such information or materials.

Although Brickell may from time to time monitor or review postings, transmissions, and the like on this Site, Brickell is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site where you may have posted or transmitted material.

You agree that Brickell is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. By sending an unsolicited submission you waive the right to make any claim against Brickell relating to our use of such submission, including, without limitation, infringement of proprietary rights, unfair competition, breach of implied contract or breach of confidentiality.

3. Privacy Policy

To find out more about Brickell's privacy practices involving your personally identifiable information, please see Brickell's Privacy Policy. Except where other notices or consents are required by law, by accessing, browsing, and/or using the pages or services posted on this site or the application, you agree to this Privacy Policy.

4. Disclaimers

Your use of and browsing in the Site are at your risk. Neither Brickell nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the site or application. Without limiting the foregoing, EVERYTHING ON THE SITE OR APPLICATION IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Brickell also assumes no responsibility, and shall not be liable for, any damages to, or viruses or other contaminating or destructive properties that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or mobile application or your downloading of any materials, data, text, images, video, or audio from the site or mobile application.

The material in this Site could include technical inaccuracies or typographical errors. Brickell may make changes or improvements at any time.

5. Restricton on Brickell's Liability

BRICKELL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. BRICKELL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR APPLICATION, EVEN IF THERE IS NEGLIGENCE BY BRICKELL OR IF BRICKELL OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH.

The above limitations or exclusions may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. TLL's total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence), or otherwise for visiting this site will not be greater than the amount you paid to access this site.

6. Trademarks and Copyrights

You should assume that everything you see or read on the Site is copyrighted material unless otherwise noted, and may not be used except as provided in these Terms of Use (or in the text on the Site) without the written permission of Brickell. You or third parties acting on your behalf are not allowed to frame the Sites or use our proprietary marks as meta tags, without our express written consent.

Further, you do not have permission to infringe or otherwise use Brickell's trademarks.

If you believe that any material contained in Brickell's Site or Application infringes your copyright, you should notify Brickell of your copyright infringement claim in accordance with the following procedure.

Brickell will process notices of alleged infringement which it received and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent, who is:

Matt Bolduc
Brickell Men's Products
101 McAlister Farm Road
Portland, ME  04103-5915

To be effective, the notification must be in writing and contain the following information: (1) physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8. No Improper Use of Site

Brickell operates its business from its headquarters in the United States of America. If any material we provide, or your use of this site, is contrary to the laws of the place from which you access the site, then this site is not intended for your use.

You are responsible for compliance with applicable your local laws. Further, if you use or download materials from our site or application, you represent and warrant that you are not located in, or under the control of, any country to which the U.S. has placed an embargo forbidding such access or use.

9. User Accounts

Only you may use your brickellmensproducts.com user account, and you are responsible for all activity that takes place with your user account. Please keep your user name and password confidential. You must promptly notify us via e-mail at support@BrickellMensProducts.com if your password is lost, stolen or used without permission. In such an event, we will change your password and update our records. We reserve the right to terminate any user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy.

10. Termination

Brickell or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from the Brickell sites, and (b) all related documentation and all copies and installations. However, if you visit Brickell Sites anew, you will be opting to re-enter into this Terms of Use. Brickell may terminate this agreement immediately without notice if, in its sole judgment, you breach any term or condition of this agreement.

11. Indemnification

You agree to indemnify, defend and hold harmless Brickell and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of this Site and any violation of these Terms of Use. If you cause a technical disruption of this Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

13. Contact

If you have any questions regarding this Agreement, you may contact us at support@brickellmensproducts.com. When contacting us, so that we can respond, please include your full name and the contact information for your preferred mode of contact (mail, email, or phone), and please describe the specific nature of your request.