Terms & Conditions
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.
Terms and Conditions
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.
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.
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, CHOICE-OF-LAW, and MANDATORY ARBITRATION
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.
Any dispute relative to the BrandsMart U.S.A. Site or use or inability to use our Site will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the BrandsMart U.S.A. Site shall be submitted to confidential arbitration in Broward County, Florida, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions 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 these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
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.
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.
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.
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.
Privacy and Security Policies
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:
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.
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.
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.
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.