LEGAL STUFF

Terms & Conditions

This web site www.brio5.com (the “Site”) refers to Brio Five, LLC, its affiliates and subsidiaries.

This statement explains the specific conditions regarding your use of our Site. By using this Site you agree to these terms of use, in addition to other terms and conditions that may appear throughout our Site. If you do not agree to these terms of use please discontinue use of this site. Brio Five, LLC reserves the right to revise our Terms and Conditions from time to time as we deem necessary. As such, you should review the Terms and Conditions periodically as your accessing, viewing, browsing and/or using the site after posted Terms and Conditions changes, constitutes your acceptance and agreement to those changes.

Disclaimers and Limitations of Liability

This Site is operated by Brio Five, LLC a limited liability company located in California. Brio Five, LLC makes no representations or warranties of any kind, express or implied, as to the accuracy, integrity, or completeness of the Content provided on the Site, the operation of the site, or the products or services offered for sale on the Site. The Site is provided on an “AS IS,” “as available” basis. Brio Five, LLC will not be liable for any direct, incidental or consequential damages, whether foreseeable or not, which may result from the malfunction or unavailability of the site.

Limitations Regarding Information, Articles and Advice

Brio Five, LLC specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.

The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

Usage by Minors

The safety of children is important to Brio Five, LLC. Brio Five, LLC does not knowingly or intentionally collect information from persons under 13 years of age without parental consent. If you are under 13 and wish to purchase items from our Web Site or wish to provide personal information, ask a parent or guardian for assistance. Brio Five, LLC cannot prohibit minors from visiting our Web Site and must rely on parents and guardians to decide which materials are appropriate for children under 13.

By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

Links

We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

Online Conduct

You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Brio Five, LLC, its Associates, our users and customers and/or you.

We reserve the right to prohibit conduct, communication, or Content that we determine in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Brio Five, LLC or any third party. Notwithstanding the foregoing, neither Brio Five, LLC, nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Brio Five, LLC, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.

Users may not send unsolicited email messages (“spam”) to or through the site or otherwise harass the site owner or other users. We reserve the right to refuse to deal with any user who violates our rules.

Site Access

You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any photographs, product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of brio5.com or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under “My Account” or password. We reserve the right to refuse service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.

Termination of Usage

We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.

How to Order Through the Site

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product or service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory. SALES TAX: California Sales Tax is applicable to CA residents. We only charge the minimum sales tax of 9%, and do not add individual district taxes. CA residents are responsible for submitting their own district taxes.

Product Display and Colors

This Site attempts to display product images as accurately as possible. However, we can not guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.

Prices and Availability of Products

Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

Return Policy

All sales made through this Site are final.

Risk of Loss

All items purchased from brio5.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

Discrimination

We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.

Privacy

Brio Five, LLC respects your privacy and we are committed to keeping your information protected and confidential. The information you provide to us is collected to provide you with a more complete browsing and shopping experience.

The brio5.com web server automatically recognizes only the consumer’s domain. We collect the e-mail address (where possible) of visitors to our Site, the e-mail addresses of those who post messages to our bulletin board, the e-mail addresses of those who communicate with us via e-mail, the e-mail addresses of those who make postings to our chat areas, aggregate information on what pages consumers access or visit, information volunteered by the consumer, such as survey information and/or site registrations, name and address, telephone number, fax number, payment information (e.g., credit card number and billing address).

The information we collect is used to improve the content of our Site, used to customize the content and/or layout of our page for each individual visitor, used to notify consumers about updates to our Web Site, shared with agents or contractors who assist in providing support for our internal operations, used by us to contact consumers for marketing purposes.

We may be required to disclose your personal information for legal reasons, such as in response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful. We may release certain personal information when we believe that such release is reasonably necessary to protect the rights, property, and safety of others and Brio Five, LLC. We may also release personal information in the event of a corporate sale, merger, reorganization, dissolution or similar event. We will require such parties to treat your personal information in accordance with our Policy and to use and disclose your personal information solely for the purposes for which it was collected.

Trademarks

All trademarks displayed on this site are subject to the U.S. trademark rights of Brio Five, LLC. These trademarks include, but are not limited to, product brand names, slogans, and logos. The unauthorized use of any trademark displayed on this site is strictly prohibited. In the event that any person has a dispute with any of the content on our site, notice of such dispute shall be provided promptly to us at info@brio5.com.

Copyright

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content.

You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.

Applicable Law

If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Brio Five, LLC and/or its Associates.

Disputes

If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Los Angeles, California, USA, except that, to the extent you have in any manner violated or threatened to violate Brio Five, LLC’s intellectual property rights, Brio Five, LLC may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability

Please review our policies, all of which are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.