PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
1. Products, Content and Specifications
. All features, content, specifications, products and prices of products and services described or depicted on this Web site, www.brenthaven.com
(this "Web Site"), are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Fairhaven Group, Inc. d/b/a Brenthaven ("Brenthaven") and Netos, which operates this Web Site pursuant to agreements with Brenthaven (Brenthaven and Netos, collectively, "we" or "us"), make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated.
2. Shipping Limitations. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
3. Accuracy of Information. We attempt to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
4. Use of this Web Site
. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of this Web Site are © www.brenthaven.com
or its affiliates and suppliers. The contents of this Web Site are © 2011, Fairhaven Group, Inc. d/b/a Brenthaven, or their respective affiliates and suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
5. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Brenthaven and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Brenthaven or such other owner.
6. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
7. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by Brenthaven or their respective affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other Web sites, or any content, materials or other information located or accessible from any other Web sites, or the results that you may obtain from using any other Web sites. If you decide to access any other Web sites linked to or from this Web Site, you do so entirely at your own risk.
8. Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
10. Content Submissions
. Pursuant to the rules of the Site, you may from time to time submit Content, including videos and user comment. "Content" includes, with respect to your submissions, all of the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute. "Site" means www.brenthaven.com
and all services provided by, through, and associated with the Site.
Brenthaven does not does not guarantee any confidentiality with respect to any of your Content or any other Content submitted to the Site. Brenthaven intends to distribute, publish and otherwise make available your Content on the Site and the Content of others submitted to the Site.
You are solely responsible for your own Content and the consequences of submitting and publishing your Content. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit.
You license to Brenthaven all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication by Brenthaven pursuant to these Terms of Service. For clarity, although retain all of your ownership rights in your Content, by submitting the Content to Brenthaven, you hereby grant Brenthaven a WORLDWIDE, NON-EXCLUSIVE, PERMANENT, PERPETUAL, ROYALTY-FREE, SUB-LICENSEABLE AND TRANSFERABLE LICENSE to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection the business of Brenthaven (and its successors' and affiliates'), including without limitation for promoting, marketing, and advertising Brenthaven, any of the goods, services, or products of Brenthaven, or otherwise in furtherance of the business of Brenthaven, as Brenthaven determines, in any media formats and through any media, or other distribution channels. You also hereby grant each user of the Site a non-exclusive license to review, view and access your Content through the Site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Site and under these terms of service. The above licenses granted by you do not terminate. The license granted by you top the Content is perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.
Brenthaven expressly disclaims any and all liability in connection with Content. Brenthaven does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and Brenthaven will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Brenthaven reserves the right to remove Content without prior notice and for any reason whatsoever.
11. DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BRENTHAVEN NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER BRENTHAVEN, NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
12. LIMITATIONS OF LIABILITY. Brenthaven assumes no responsibility, nor will the Company be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site, or your downloading of any information or materials from this Web Site. IN NO EVENT WILL BRENTHAVEN OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
13. Revisions to these Terms and Conditions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of this Web Site.
14. Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Brenthaven to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site will be brought only in the courts of the State of Washington or the United States District Court for the Western District of Washington. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
16. Additional Assistance
. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at [email protected]
or by phone at 360-733-5608.
Fairhaven Group, Inc. d/b/a Brenthaven ("Brenthaven", "we" or "us") recognizes that the users and customers of this Web site, www.Brenthaven.com
What Information About Me Is Collected and Stored?
We collect and store personal information that you enter into this Site or that you provide through your dealings with Brenthaven's Offline Channels to any Brenthaven employee, affiliate or agent.
“Personal information” is information you provide that lets us know specific facts about you so that we can fulfill your orders and/or customize information we deliver to you. The personal information that we collect from you and store or that is submitted by you when you open an account, place an order, or otherwise transact business with us may include, but is not limited to: (i) your name; (ii) your address; (ii) your email address; (iv) your telephone number; and/or (v) your credit card or other payment information. This personal information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. Some of this information also may be used to contact you about sales, special offers and new site features, unless you have opted not to receive promotional communications from Brenthaven.
We collect and store certain other information automatically whenever you interact with this Site. For example, we collect your IP address, browser information and reference site domain name every time you visit this Site. We also collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Site and to provide our customers with a fulfilling shopping experience.
Also, like many Web sites, we use "cookies", which are files stored on your computer's hard drive by your browser. Cookies help us to identify account holders and to optimize their shopping experience. Cookies also allow us to hold selections in a shopping cart when a user leaves this Site without checking out. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on this Site.
We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
We use third-party advertising companies to serve ads when you visit our Website. These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
Is Information Collected From Children?
We do not sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 18, nor do we collect any personal information from anyone who we know to be under the age of 18. If you are under the age of 18, you should use this Site only with the involvement of a parent or guardian and should not submit any personal information to us.
With Whom Do You Share Information?
We may share personal information that you provide to us through this Site or through this Site's customer service department with our affiliates and service providers. In turn, our service providers may share this personal information with their affiliates and with service providers whom they engage to perform services related to this Site or the operation of our business. Examples of these services include Web Site operation, payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, customer service, marketing and promotional material distribution, data analysis and, where applicable, data cleansing. These service providers are authorized to use this personal information only in connection with the services they are engaged to perform.
We may use the services of one or more third parties to help us measure the effectiveness of our advertising and determine how customers use this Site. To do this, we may use web beacons and cookies provided by third parties, which enable us to collect information such as product codes and prices for merchandise that customers purchase and the pages visited. This information helps us to learn things like what pages are most attractive to our customers, which of our products most interest our customers and what kinds of offers our customers like to see.
We also may offer you the opportunity to purchase products and services provided by third parties. If you purchase any of these products or services, we will provide your personal information to the third parties that provide them for that purpose.
We may release personal information if we believe in good faith that: the law or legal process requires it; we have received a valid administrative request from a law enforcement agency or court; or such release is necessary to protect the rights, property or safety of Brenthaven, or any of our affiliates, service providers, customers or others.
We may share non-personal information with our marketing partners, advertisers and others from time to time. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site. This information generally is shared in an aggregated form.
By using this Site, you acknowledge and consent to the fact that personal information provided by you or collected by us through your use of the Site is stored and processed by us in the United States where data protection laws may not afford the same level of protection as those of the country in which you are located (this is the case for users located in the European Economic Area ("EEA")). You also acknowledge and consent to the fact that we may, at our discretion, store and process such data in other countries (including countries outside the EEA) where data protection laws may not afford the same level of protection as those of the country in which you are located.
What Steps Are Taken To Keep Personal Information Secure?
Various security measures, including Secure Socket Layer (SSL) encryption technology, are used to protect personal information that we collect. If you place an order through this Site, you will be asked to set up an account and provide an email address and password. You must provide, among other information, an appropriate email address and password in order to access account information. Please note that while we have endeavoured to create a secure and reliable site for users, the confidentiality of any communication or material transmitted to/from this Site cannot be guaranteed. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel your password, or if you become aware of any loss, theft or unauthorized use of your password, please contact this Site's Customer Service Department by email at [email protected]
or by phone at 800-781-8864.
How Can I Access, Correct and Update Personal Information?
You can access, correct and update certain personal information that you have provided to us by clicking on "Manage Your Account" within the Help Desk area of this Site.
Can I Indicate Whether or Not I Want To Receive Promotional Communications?
There are several ways in which you can tell us whether or not you want to receive promotional communications from us. At certain locations on the Site, you will have choices to opt-out or opt-in to receive various types of communications. When you set up an account, or click on "Manage Your Account" within the Help Desk area, or place an order, you will have an opportunity to make or change your selections in this regard. You also will have an opportunity to change these selections by clicking on an "unsubscribe" hyperlink contained in promotional emails we send you.
What Happens When I Link To or From Another Site?
What About Contests and Sweepstakes?