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BRANDSMARTUSA.COM STRONGLY ENCOURAGES YOU TO READ THE FOLLOWING TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE, YOU WILL HAVE AGREED
TO THE TERMS AND CONDITIONS SET FORTH BELOW IN THEIR ENTIRETY, WHICH WILL GOVERN
ANY PURCHASE YOU MAKE.
Using this website subjects the user (you) to all terms and conditions set forth
below, together with all otherwise applicable laws and regulations. Before being
permitted to complete a purchase using BrandsMartUSA.com, you will be required to
check a box acknowledging that you have reviewed and agreed to these terms and conditions.
BrandsMartUSA.com reserves the sole and unilateral discretion to augment, update
and/or otherwise modify these terms and conditions at any time without prior notice.
If you do not agree to abide by the terms and conditions set forth below, do not
use this website.
To email our Customer Relations department
please visit our Contact Us
page.
Every effort will be made to respond to you as soon as possible.
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Terms and
Conditions
Privacy and
Security
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Terms and Conditions
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I. COPYRIGHT NOTICE.
This website and its content, including but not limited to the text and images used
herein and their arrangement, belong to BrandsMartUSA.com and are subject to all
applicable copyright protections.
II. TRADEMARKS NOTICE.
BrandsMartUSA.com, BrandsMart USA, Interbond Corporation of America and all other
names, businesses, and products referenced on this website in connection therewith
are trademarks or registered trademarks. The name BrandsMartUSA.com as used herein
refers to BrandsMartUSA.com and every related entity collectively. All other products
and company names referenced herein, if any, may be the trademarks of their respective
owners. BrandsMartUSA.com does not authorize the use of any trade name, trademark,
registered trademark, logo, or any copyrighted material referenced herein for any
purpose whatsoever, including non-commercial applications.
III. RESTRICTIONS ON USE.
No user of the BrandsMartUSA.com website is authorized to use in any way whatsoever
any material, information, text and/or graphic contained on this website. Nor does
BrandsMartUSA.com authorize the user to hyperlink other websites to this website
and/or to use materials belonging to BrandsMartUSA.com on the user’s website in
any way whatsoever without receiving its prior written permission. BrandsMartUSA.com
reserves all rights not expressly granted to the user in these Terms and Conditions.
IV. THIRD PARTY WEBSITES.
BrandsMartUSA.com may include on this website links and/or pointers to other websites
maintained by third parties ("third-party websites"). It may also include other
materials produced and/or maintained by third parties. Any such link and/or pointer
to a third-party website, and/or any other third-party materials have been included
exclusively for your convenience and should not be construed as permission to use
third-party websites or materials in any way not explicitly permitted by the third-party.
BrandsMartUSA.com does not operate or control in any manner whatsoever any information,
product and/or service available on any such third-party website and is not responsible
for their content. BrandsMartUSA.com makes no representations whatsoever concerning
the content of any third-party website. The fact that BrandsMartUSA.com has provided
a link and/or pointer to any such website does not constitute an endorsement, authorization,
sponsorship, and/or affiliation by BrandsMartUSA.com with respect to such websites,
its services, the products displayed, its owners, and/or its providers. Any user
who chooses to access a third-party website and/or other third-party material does
so exclusively at their own risk.
V. DISCLAIMER.
Using the internet carries certain risks. BrandsMartUSA.com strongly cautions you
to make sure that you understand those risks before using any information, software,
and/or products found on the internet or before retrieving, using, relying upon,
and/or purchasing anything through the internet. Visitors to this website assume
all responsibilities and risks inherent in internet usage. Information published
on this website is provided without charge as a convenience to users and should
be used for informational purposes only.
NOTHING ON THIS WEBSITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM,
PRODUCT OR BRAND. ALTHOUGH BRANDSMARTUSA.COM HAS TAKEN REASONABLE CARE WITH REGARD
TO THIS WEBSITE'S CONTENT, BRANDSMARTUSA.COM DOES NOT WARRANT OR REPRESENT THAT
THIS WEBSITE'S CONTENT IS ACCURATE, COMPLETE, OR CURRENT IN EVERY RESPECT, NOR DOES
IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS WEBSITE OR THE ASSOCIATED
SERVER WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS- FREE, AND/OR WILL NOT CONTAIN OTHER
POTENTIALLY HARMFUL COMPONENTS. THE CONTENT OF THIS WEBSITE MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH BRANDSMARTUSA.COM ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON
THIRD-PARTY WEBSITES, ARE PROVIDED BRANDSMARTUSA.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRANDSMARTUSA.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
VI. LIMITATIONS OF LIABILITY.
The user expressly agrees to the following limitations on BrandsMartUSA.com’s legal
liability.
BrandsMartUSA.com is not responsible for any infections, contaminations, delay in
operation or transmission, line failure, errors, omissions, interruptions, and/or
defects arising out of your use of this website or with respect to the material
provided and/or contained on this website.
Under no circumstances will BrandsMartUSA.com be liable for any special, direct,
indirect, incidental, and/or consequential damages, or any other damages of any
kind, resulting from whatever cause, including but not limited to loss of use, loss
profits, or loss of data, whether in an action under theories of contract, negligence,
strict liability, or otherwise, arising out of or in any way in connection with
the use of or inability to use the information or materials on, or accessed through,
the BrandsMartUSA.com website.
Notwithstanding the above, in no event shall BrandsMartUSA.com’s total liability
to you for any and all claims, damages, losses, and causes of action exceed the
amounts paid to BrandsMartUSA.com by you in connection with the purchase transaction
claimed by you to give rise to your claim.
VII. COMMUNICATIONS AND SUBMISSIONS.
All personal data you transmit to BrandsMartUSA.com in connection with placing an
order, logging-in and/or establishing an on-line account (e.g., your name, e-mail
address, mailing address, telephone number and payment information) shall be treated
as confidential information. Any other communication or materials you submit to
BrandsMartUSA.com or this website will be treated as non-confidential and non-proprietary.
Any submissions made to public areas of the website are not subject to this Privacy
Policy regardless of content.
You may post reviews, comments, and other content, and submit suggestions, ideas,
comments, questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual
property rights, or otherwise objectionable or injurious to third-parties and does
not consist of or contain software, political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail
address, impersonate any person or entity, or otherwise act in a way tending to
mislead concerning origin and/or content. BrandsMartUSA.com hereby reserves the
right, but does not assume any obligation, to remove or edit content for any reason
at its sole discretion.
By transmitting or posting any non-confidential information to BrandsMartUSA.com
or this website you grant BrandsMartUSA.com a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use such information for any purpose,
including, but not limited to, its reproduction, modification, adaptation, publication,
translation, use in derivative works, distribution, and display throughout the world
in any media. You also grant BrandsMartUSA.com and sublicensees the right, at their
sole discretion but without any obligation to do so, to use the name you submit
in connection with such content. You further agree that the license granted herein
includes the right to use or authorize use of any ideas, concepts, know-how or techniques
contained in such information for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products or services incorporating such
information.
You represent and warrant that: (1) you own and/or otherwise control all rights
to the content of your submissions; (2) the content is accurate; (3) use of the
content you supply does not violate any terms of this User Agreement and will not
cause injury to any person or entity; and (4) you will indemnify BrandsMartUSA.com
against any claim(s) resulting from content you supply. You agree that neither BrandsMartUSA.com
nor its licensees will be liable to you for any use of any information you submit.
BrandsMartUSA.com has the right, but not the obligation, to monitor and edit or
remove any content.
You acknowledge and agree that you are solely responsible for any information you
submit to BrandsMartUSA.com or this website and further agree that you, not BrandsMartUSA.com,
have full responsibility for the content of any such submissions, including their
legality, reliability and appropriateness.
VIII. JURISDICTION AND CHOICE-OF-LAW.
BrandsMartUSA.com operates this website from offices located in Hollywood, Florida
in the United States of America. BrandsMartUSA.com makes no representations that
the materials in this website are appropriate or available for use in other jurisdictions.
Those who choose to access this website from other locations do so at their own
risk and are responsible for compliance with any and all applicable local laws.
This agreement shall be interpreted according to the laws of the State of Florida.
Any and all disputes that arise in connection with this agreement and/or use of
the BrandsMartUSA.com website shall be adjudicated according to Florida law without
regard to conflict-of-law principles. Any legal action pertaining to this agreement
and/or use of the BrandsMartUSA.com website shall be commenced and adjudicated only
in a court of competent jurisdiction situated in Broward County, Florida. By using
this website you consent to personal jurisdiction in those courts and agree to accept
service by Certified Mail at the mailing address you provide to BrandsMartUSA.com.
IX. INQUIRIES.
If you have any questions regarding any portion of this Agreement, or if you wish
to inquire regarding the rights and responsibilities of use not explicitly addressed
herein, please direct questions via email to our Webmaster.
By purchasing any product, whether at physical "bricks-and-mortar" BrandsMart USA
Store location or on-line through BrandsmartUSA.com (collectively, “BrandsMart”),
you (the purchaser) agree that any and all disputes that arise between you and BrandsMart
shall be resolve through binding arbitration at a facility of the American Arbitration
Association (“AAA”) located in Fort Lauderdale, Florida. The word “product” as used
in this provision means any physical goods, warranty product, service, and/or other
item of any description whatsoever. Any such arbitration proceeding shall be commenced
and conducted according to AAA’s rules governing Expedited Procedures in Commercial
Disputes. You further agree that any claim against BrandsMart must be asserted by
you in your individual capacity and may not be combined in any way with any other
claim asserted by any other person, whether through a class action procedure or
otherwise, regardless of the nature of the claim and/or the amount in controversy.
X. TERMINATION.
BrandsMartUSA.com or you may terminate this Agreement at any time. You may terminate
this Agreement by destroying all materials obtained from this website. BrandsMartUSA.com
may terminate this Agreement immediately without notice if, in its sole judgment,
you breach any term or condition. Upon termination, you must destroy all materials
obtained from this website.
XI. INTEGRATION.
This agreement constitutes the entire Agreement between you and BrandsMartUSA.com
and supersedes any prior oral or written arguments, understandings, or other communications
between parties. This Agreement may not be modified except in writing signed by
both you and an authorized signatory of BrandsMartUSA.com.
XII. INTERNATIONAL TRANSACTIONS.
Some manufacturers restrict BrandsMartUSA.com from selling certain of the products
they produce to buyers located outside the United States.
XIII. OTHER.
The headings in this agreement are for reference purposes only and have no legal
effect. If any portion of this agreement is void or unenforceable in whole or in
part, the remaining provisions of this agreement shall remain in effect.
If your order is shipped to a location inside Georgia or Florida, governing law
requires BrandsMartUSA.com to collect local sales tax. BrandsMartUSA.com will calculate
appropriate sales tax against your order total, including shipping costs, and add
that figure to your invoice. Resale and tax-exempt customers should place their
orders by telephone, electronic mail, or facsimile transmission as the BrandsMartUSA.com
ordering system currently is not designed to accommodate their purchases. Government,
education, non-profit organizations, public charities, churches and other religious
organizations may qualify for tax-exempt purchases and should place their orders
by calling BrandsMartUSA.com toll-free at (800) 432-8579 or submitting a written
order to BrandsMartUSA.com, Customer Service Department (Web), 3200 SW 42nd Street,
Hollywood, Florida 33312. Such organizations may also send their purchase orders
to our
Webmaster or fax them to (954) 797-4047.
BrandsMartUSA.com does not collect sales tax on orders shipped outside Florida or
Georgia. It is the sole responsibility of the customer to calculate and remit any
applicable sales tax and/or other amounts due to any other jurisdiction in connection
with any purchase transaction conducted through BrandsMartUSA.com.
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Privacy and Security Policies
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This policy was last updated on November 13, 2009. As noted above, BrandsMartUSA.com
reserves the sole and unilateral discretion to augment, update and/or otherwise
modify these Privacy and Security Policies at any time without prior notice
By participating in the Council of Better Business Bureau's BBBOnline Privacy Program
BrandsMartUSA.com has made a commitment to meet that program’s requirements regarding
how we treat the personal and confidential information you provide through this
website. Further information about this program is available at www.bbbonline.org/privacy. Below is the BrandsMartUSA.com
privacy and security policy:
On-Line Security:
Protecting your personal information is very important to BrandsMartUSA.com. In
order to protect the information you provide, BrandsMartUSA.com uses Symantec Protection
Suite and Cisco Firewall technology with a 256-bit encryption rate (note: manufacturer’s
advertised encryption rate). If your browser supports Version 3.0 of the Secure
Sockets Layer internet communications security protocol, it will automatically encrypt
the information you enter on those pages identified as “secure” on this website
before transmitting that data over the internet.
BrandsMartUSA.com has obtained a digital certificate from Verisign, a leading provider
of Internet trust services. In addition, this website is tested and certified monthly
by Trustkeeper.
When you visit a page on our website that requests and/or contains any encrypted
personal information, an icon of a closed lock or an unbroken key (depending upon
your browser) will appear near the bottom of the browser window. This icon indicates
that you have successfully connected with our secure server. To authenticate the
security of your connection before submitting any personal information, you can
double click on the icon to display our digital certificate.
Some browser versions and firewalls do not permit communication through secure servers.
If that happens to you, BrandsMartUSA.com suggests that you visit one of our store
locations. You may also call BrandsMartUSA.com toll-free at (800) 432-8579 or submit
a written inquiry to BrandsMartUSA.com, Customer Service Department (Web), 3200
SW 42nd Street, Hollywood, Florida 33312. You may also e-mail your inquiry to our
Webmaster or fax it to (954) 797-4047.
Cookies:
When you visit BrandsMartUSA.com’s website, it will ask your browser to place a
permanent "cookie" (a very small text file) on your computer. If your browser is
configured to accept cookies, it will receive the cookie and place it on your computer's
hard drive. BrandsMartUSA.com collects this information in order to help it analyze
numerous things, including (among other things) the geographic distribution of its
customer base and how often those customers visit its website, which search engines
customers use to reach its website and how they navigate it once there. It also
collects certain technical information from your computer, like your internet provider
(IP) address and the address of any referring website. This information will allow
BrandsMartUSA.com to enhance its website to better serve its customers. Any information
collected in this fashion is used only for the benefit of BrandsMartUSA.com and
you, its customer.
You can visit our website without cookies if you choose. However, please be aware
that some features of the website may not function properly or may be slower if
you refuse cookies. To visit our website without cookies, you can configure your
browser to reject them automatically or to notify you when a cookie is set. Check
the browsers “help” menu to learn how to change your cookie preferences.
Registration:
In order to help BrandsMartUSA.com serve you better, it is suggested that you register
and log-in when you visit this website. This allows BrandsMartUSA.com to provide
you with your "Order Status" and other information that is uniquely yours.
How to access and/or correct Your Information:
You can access all the personally identifiable information that we collect on-line
and maintain by calling BrandsMartUSA.com toll-free at (800) 432-8579 or submitting
a written request to BrandsMartUSA.com, Customer Service Department (Web), 3200
SW 42nd Street, Hollywood, Florida 33312 or e-mailing our Webmaster . BrandsMartUSA.com
uses this procedure to safeguard your information. To protect your privacy and security,
BrandsMartUSA.com will take reasonable steps to verify your identity before granting
access or making corrections. You can correct factual errors in your personally
identifiable information by sending us a request that credibly shows the error.
If you place an order with a ship-to address that differs from your bill-to address,
BrandsMartUSA.com will retain this information as well. You can modify or correct
this information by following the procedure described above. Such information is
used at your request to ship purchased merchandise and may also be used for marketing
purposes, but will not be sold to any third-parties.
When you place an order with BrandsMartUSA.com, you are invited to log-in (optional),
so that BrandsMartUSA.com can identify who you are. As a newcomer, BrandsMartUSA.com
suggests that you register for future identification. The registration page asks
you to enter your name, a user ID, a password, and your e-mail address. You can
update this information at any time by clicking on the "my account" link and selecting
"update account information."
Placing an order:
When you place an order, BrandsMartUSA.com will ask you to complete an order form.
The order form requires your name, billing and shipping address, a valid credit
card number, expiration date and a “card identification number” (CID) or “card verification
value” (CVV). You should also include other information fields such as your telephone
number, to allow BrandsMartUSA.com to contact you regarding your order if necessary.
BrandsMartUSA.com collects this information to make your shopping experience with
us as smooth and pleasant as possible. It is used only for the benefit of BrandsMartUSA.com
and you, our customer.
Relationships and Information Sharing:
BrandsMartUSA.com maintains relationships with a number of secure business partners.
When you make a purchase, BrandsMartUSA.com may share information about you and
your transaction with other companies for many reasons including verification, fraud
prevention, credit card authorization, and shipping purposes.
BrandsMartUSA.com may also share account or other information when required by law
or to protect our interests or property. This may include sharing information with
other companies, legal professionals, credit bureaus, its agents and/or government
agencies in connection with issues related to fraud, credit or debt collection.
You agree that BrandsMartUSA.com may use personal information provided by you in
order to conduct appropriate anti-fraud checks. Personal information that you provide
also may be disclosed to a credit reference or fraud prevention agency, which may
keep a record of that information. BrandsMartUSA.com also shares information with
outside companies that perform services for it. For example, when a customer signs-up
for its e-mail newsletters, BrandsMartUSA.com will provide that customer’s e-mail
address to third-party e-mail distribution companies that transmit e-mails on behalf
of BrandsMartUSA.com. Your e-mail address will not be used by these companies for
any purpose other than for the transmission of e-mails for BrandsMartUSA.com.
BrandsMartUSA.com may retain outside companies to assist in managing its customer
information database and/or to update and correct customer information for future
marketing purposes. BrandsMartUSA.com takes reasonable steps to ensure the confidentiality
of your information and to make sure it is not used for other purposes.
Mail & SPAM Issues:
You may ask to receive a BrandsMartUSA.com catalogue or brochure periodically by
mail and/or by e-mail notification concerning products and/or promotions that may
interest you. BrandsMartUSA.com will never “spam” you or send you unsolicited materials
based on information collected through its website. You may elect not to receive
such materials at any time by calling BrandsMartUSA.com toll-free at (800) 432-8579
or submitting a written request to BrandsMartUSA.com, Customer Service Department
(Web), 3200 SW 42nd Street, Hollywood, Florida 33312 or e-mailing our Webmaster
. Please include any mailing label you received or provide your name, address, and
other information as it appears on any such mailing label, and indicate "do not
mail" in legible text.
Our Commitment to Children's Privacy:
BrandsMartUSA.com never collects or maintains information from anyone it actually
knows is under 13 years old, nor is its website structured to attract anyone under
13. It is the responsibility of the parent(s) or guardian(s) of any minor to ensure
their legal and age-appropriate internet usage.
If Internet Security or Privacy Still Concern You:
If you do not want to receive promotional e-mail from BrandsMartUSA.com, click our
de-listing link (http://www.brandsmartusa.com/unsubscribe)
and your name will be removed from our mailing list.
Note: Once you have submitted your request you should assume that BrandsMartUSA.com
has received it and is processing your request. Please allow a reasonable time to
complete your request. BrandsMartUSA.com’s transaction security measures, combined
with its privacy guarantee, should satisfy you concern regarding on-line ordering.
Keep in mind, however, that you can complete a purchase transaction without transmitting
your credit card information over the internet. Simply complete our on-line order
form, print the completed form, and send it via facsimile transmission to BrandsMartUSA.com
at (954) 797-4047
If you prefer, you can telephone BrandsMartUSA.com toll-free at (800) 432-8579 and
place your order with a representative.
BrandsMartUSA.com encourages you to visit its retail store locations in Florida
and Georgia, where a professionally-trained product specialist can assist you personally.
If you have any questions regarding this privacy statement, the practices of this
website, or your dealings with this website, please e-mail BrandsMartUSA.com’s
Webmaster .
Changes to BrandsMartUSA.com’s Privacy Policy:
BrandsMartUSA.com reserves the right to modify this privacy policy and related business
practices at any time by posting updated text on this website.
Your California Privacy Rights:
If you are a California resident, you have the right to receive: (a) information
identifying all third-party companies to whom BrandsMartUSA.com may have disclosed,
within the past year, personal information pertaining to you and your family for
that company’s direct marketing purposes; and (b) a description of the categories
of personal information disclosed. To obtain this information, please e-mail your
request to BrandsMartUSA.com’s
Webmaster . Please allow 30 days for a response.
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