Terms and Conditions

ELECTRONIC COMMUNICATIONS

When you visit Brinsea.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Brinsea^® Products or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Brinsea^® Products and protected by U.S. and international copyright laws. All software used on this site is the property of Brinsea^® Products or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

Octagon, Omnitherm and other marks indicated on our site are registered trademarks of Brinsea^® Products in the United States and other countries. Brinsea^® Products trademarks may not be used in connection with any product or service that is not Brinsea^® Products in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brinsea^® Products. All other trademarks not owned by Brinsea^® Products that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Brinsea^® Products.

PATENTS

One or more United States and international patents apply to products offered on this site.

LICENSE AND SITE ACCESS

Brinsea^® Products grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brinsea^® Products. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brinse^®a Products. 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 Brinsea^® Products without express written consent. You may not use any meta tags or any other "hidden text" utilizing Brinsea^® Products name or trademarks without the express written consent of Brinsea^® Products. Any unauthorized use terminates the permission or license granted by Brinsea^® Products. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Brinsea.com so long as the link does not portray Brinsea^® Products, their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brinsea^® Products logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Brinsea^® Products does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Brinsea.com only with involvement of a parent or guardian. Brinsea^® Products reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and submit suggestions, ideas, 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 injurious to third parties or objectionable and does not consist of or contain software viruses, 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 mislead as to the origin of a review or other content. Brinsea^® Products reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Brinsea^® Products a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Brinsea^® Products and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brinsea^® Products for all claims resulting from content you supply. Brinsea^® Products has the right but not the obligation to monitor and edit or remove any activity or content. Brinsea^® Products takes no responsibility and assumes no liability for any content posted by you or any third party.

LINKS

Brinsea.com may automatically produce links to third party sites throughout the web. Brinsea^® Products has no control over these sites or their content and cannot guarantee, represent or warrant that the content in such sites is accurate, legal and/or inoffensive. Brinsea^® Products does not endorse the content of any third party site, nor can we warrant that such sites will not contain viruses or otherwise impact your computer. By using Brinsea.com, you agree and understand that you may not make any claims against Brinsea Products for any damages, losses whatsoever which result from your use of the site to obtain search results and/or to link to another site.

RISK OF LOSS

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

PRODUCT DESCRIPTIONS

Brinsea^® Products attempt to be as accurate as possible. However, Brinsea^® Products does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Brinsea^® Products is not as described, your sole remedy is to return it in unused condition.

PRICES

The prices advertised on this site are for Internet orders and may differ from those charged at other outlets or resellers. Brinsea^® Products does not have a price-matching policy at this time. We do, however, consistently work toward maintaining competitive prices on everything we carry. All prices are listed in U.S. dollars. Prices, inventory and availability are subject to change without notice.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by Brinsea^® Products on an "as is" and "as available" basis. Brinsea^® Products makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content or materials included on this site. You expressly agree that your use of this site is at your sole risk.

Brinsea^® Products does not warrant that this site, its servers or e-mail sent from Brinsea^® Products are free of viruses or other harmful components. Brinsea^® Products will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you might have additional rights.

APPLICABLE LAW

By visiting Brinsea.com, you agree that the laws of the state of Florida, 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 Brinsea^® Products.

DISPUTES

Any dispute relating in any way to your visit to Brinsea.com or to products you purchase through Brinsea.com shall be submitted to confidential arbitration in Brevard County, Florida, except that, to the extent you have in any manner violated or threatened to violate Brinsea^® Products intellectual property rights, Brinsea^® Products 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 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 other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Brinsea.com. We reserve the right to make changes to our 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.