Terms & Conditions
Terms and Conditions
Agreement Between User and branditproducts.com
Welcome to branditproducts.com. branditproducts.com (hereafter known as the “Site”) is composed of various Web pages operated by Brandit Products. branditproducts.com is offered to youconditionally upon your acceptance, without modification, of the terms,conditions, and notices contained herein (hereafter known as the “Terms”). Your use of branditproducts.com constitutes your agreement to all such Terms. Please read these Terms carefully, and keepa copy of them for your reference.
branditproducts.com is an ecommerce site offering auto and truck accessories.
Visiting the Site or sending emails to Brandit Products constitutes electronic communication. You consent to receiveelectronic communication from us, and you agree that all agreements, notices, disclosures, and other communicationthat we provide to you electronically, via email, and on the Site satisfy any legal requirementthat such communication be in writing.
If you use the Site, you are responsible for maintaining theconfidentiality of your account and password and for restricting access to yourcomputer; further, you agree to accept responsibility for all activities that occur underyour account or password. You may not assign or otherwise transfer your accountto any other person or entity. You acknowledge that Brandit Products is not responsible for anythird-party access to your account that results from theft ormisappropriation of your account. Brandit Products andits associates reserve the right to refuse or cancel service, terminateaccounts, or remove or edit content at our sole discretion.
Brandit Products does not knowinglycollect, either online or offline, personal information from persons under theage of 13. Ifyou are under age 18, you may use the Site only with the permission of a parent or guardian.
Products returned in new condition within 30days will be fully refunded.
Linksto Third-Party Sites and the Use of Third-Party Services
The Site may contain links to other websites (hereafter known as “Linked Sites”). Linked Sites are notunder the control of Brandit Products ,which is further notresponsible for the contents of any Linked Site, including without limitationany link contained in a Linked Site or any changes or updates to a Linked Site. Brandit Products is providing these links to you only as aconvenience, and the inclusion of any link does not imply endorsement by Brandit Products of the site or any association with its operators.
Certain services made available via the Site are delivered bythird-partysites and organizations. By using any product, service, or functionalityoriginating from the Site’s domain, you hereby acknowledge and consent that Brandit Products may share such information and data with any third-party with whom we have a contractualrelationship to provide the requested product, service, or functionality onbehalf of the Site’s users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a nonexclusive, nontransferable,revocable license to access and use theSite strictly in accordance with these Terms. As a condition ofyour use of the Site, you warrant to Brandit Products thatyou will not use the Site for any purpose that is unlawful or prohibited bythese Terms. You may not use the Site in any manner that could damage,disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment ofthe Site. You may not obtain or attempt to obtain any materials or informationthrough any means not intentionally made available or provided for through theSite.
All content included as part of the service—such as text, graphics,logos, images, or the compilation thereof, and any software used on the Site—is the property of Brandit Products or its suppliers and protected by copyright and other laws thatprotect intellectual property and proprietary rights. You agree to observe andabide by all copyright and other proprietary notices, legends, or other restrictionscontained in any such content and will not make any changes thereto.
You will not modify, publish, transmit,reverse engineer, participate in the transfer or sale, create derivative works,or in any way exploit any of the content, in whole or in part, found on theSite. Brandit Products content is not for resale. Your use ofthe Site does not entitle you to make any unauthorized use of any protectedcontent, and in particular you will not delete or alter any proprietary rightsor attribution notices in any content. You will use protected content solelyfor your personal use, and will make no other use of the content without theexpress written permission of Brandit Products and thecopyright owner. You agree that you do not acquire any ownership rights of any protected content.We do not grant you any licenses, express or implied, to the intellectualproperty of Brandit Products or our licensors exceptas expressly authorized by these Terms.
The Service is controlled, operated, and administered by Brandit Products from our offices within the United States. If you access the service from a locationoutside the US, you are responsible for compliance with all local laws. Youagree that you will not use content accessed through theSite in any country or in any manner prohibited by anyapplicable laws, restrictions, or regulations.
You agree to indemnify, defend, and hold harmless Brandit Products , its officers, directors, employees, agents, and third parties forany losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to orarising fromyour use of or inability to use the Site or services; any user postings madeby you; yourviolation of any part of theseTerms; your violation of anyrights of a third party; or your violation of any applicable laws, rules, or regulations. Brandit Products reserves the right, at its own cost, to assume the exclusive defenseand control of any matter otherwise subject to indemnification by you, in whichevent you will fully cooperate with Brandit Products inasserting any available defenses.
In the event the parties are not able toresolve any dispute between them arising out of or concerning these Terms orany provisions hereof, whether in contract, tort, or otherwise at law or inequity for damages or any other relief, then such dispute shall be resolvedonly by final and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association or a similar arbitration service selected by theparties in a location mutually agreed upon by the parties. The arbitrator’s award shall be final,and judgment may be entered upon it in any court having jurisdiction. In theevent that any legal or equitable action, proceeding, or arbitration arisesout of or concerns these Terms, the prevailing party shall be entitled torecover its costs and reasonable attorney’s fees. The parties agree to arbitrate alldisputes and claims in regards to these Terms or any disputes arising as aresult of these Terms, whether directly or indirectly, including Tort claimsthat result from these Terms. The parties agree that the Federal Arbitration Actgoverns the interpretation and enforcement of this provision. The entiredispute, including the scope and enforceability of this arbitration provision, shall be determined bythe arbitrator.This arbitration provision shall survive the termination of these Terms.
THE INFORMATION, SOFTWARE, PRODUCTS, ANDSERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES ORTYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Brandit Products AND/OR ITS SUPPLIERS MAY MAKEIMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
Brandit Products AND/OR ITS SUPPLIERSMAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICSCONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AREPROVIDED “ASIS,” WITHOUTWARRANTY OR CONDITION OF ANY KIND. Brandit Products AND/ORITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THISINFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, ANDNONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, IN NO EVENT SHALL Brandit Products AND/OR ITSSUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, NOR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, THOSE FOR LOSS OF USE,DATA, ORPROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OFTHE SITE; FOR THE DELAY OR INABILITYTO USE THE SITE OR RELATED SERVICES; FOR THE PROVISION OF OR FAILURE TO PROVIDE SERVICES; OR FOR ANY INFORMATION,SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISINGOUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICTLIABILITY, OROTHERWISE, EVEN IF Brandit Products OR ANY OF ITS SUPPLIERSHAVE BEENADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOTALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OFTHESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Brandit Products reserves the right, at its sole discretion, toterminate your access to the Site and related services, or any portion thereofat any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Tennessee; you hereby consent tothe exclusive jurisdiction and venue of courts in Tennessee in all disputesarising out of or relating to the use of the Site. Use of the Site isunauthorized in any jurisdiction that does not give effect to all provisions ofthese Terms, including, without limitation, this section.
You agree that no joint venture, partnership,employment, or agency relationship exists between you and Brandit Products as a result of theseTerms or use of the Site. Brandit Products' performance of thisagreement is subject to existing laws and legal processes, and nothing containedin these Terms is in derogation of Brandit Products' right to comply with governmental, court, and law-enforcement requests orrequirements relating to your use of the Site or information provided to orgathered by Brandit Products with respect to suchuse. If any part of this agreement is determined to be invalid or unenforceablepursuant to applicable law, including but not limited to the warranty disclaimers and liabilitylimitations set forth above, then the invalid or unenforceable provision willbe deemed superseded by a valid, enforceable provision that most closelymatches the intent of the original provision, and the remainder of these Terms shall continuein effect.
Unless otherwise specified herein, these Terms constitute theentire agreement between the user and Brandit Products withrespect to the Site, and they supersede all prior or contemporaneous communications and proposals,whether electronic, oral, or written, between the user and Brandit Products with respect to the Site. A printed version of these Terms or any notice given in electronic form shall be admissible in judicial oradministrative proceedings to the same extent and subject to the sameconditions as other business documents and records originally generated andmaintained in printed form. It is the express wish to the parties that these Terms and allrelated documents be written in English.
Brandit Products reserves the right, at its sole discretion, tochange the Terms under which theSite is offered. The most current version of these Terms will supersedeall previous versions. Brandit Products encourages youto periodically review the Terms to stay informed of our updates.
Brandit Products welcomes your questionsor comments regarding these Terms:
198Industrial Park Rd
PineyFlats, Tennessee 37686
423-282-0211 ext. 217
Effective as of March 18, 2015.