Branding Merchandise @ 2023
TERMS
OF SERVICE ("TERMS")
Please read these Terms of Service
("Terms", "Terms of Service") carefully before using this
website (Lennox.BrandingMerchandise.com) operated by Branding Merchandise
("us", "we", or "our").
Your access to and use of the Service is
conditioned upon your acceptance of and compliance with these Terms. These
Terms apply to all visitors, users and others who wish to access or use the
Service.
By accessing or using the Service you agree to
be bound by these Terms. If you disagree with any part of the terms then you do
not have permission to access the Service.
Purchases
If you wish to purchase any product or service
made available through this site, you may be asked to supply certain
information relevant to your Purchase including, without limitation, your
credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and warrant that: (i) you have
the legal right to use any credit card(s) or other payment method(s) in
connection with any Purchase; and that (ii) the information you supply to us is
true, correct and complete.
The service may employ the use of third party
services for the purpose of facilitating payment and the completion of
Purchases. By submitting your information, you grant us the right to provide
the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your
order at any time for reasons including but not limited to: product or service
availability, errors in the description or price of the product or service,
error in your order or other reasons.
We reserve the right to refuse or cancel your
order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service
offerings on the Service. We may experience delays in updating information on
the Service and in our advertising on other web sites. The information found on
the Service may contain errors or inaccuracies and may not be complete or
current. Products or services may be mispriced, described inaccurately, or
unavailable on the Service and we cannot guarantee the accuracy or completeness
of any information found on the Service.
We therefore reserve the right to change or
update information and to correct errors, inaccuracies, or omissions at any
time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions
(collectively, "Promotions") made available through this site may be
governed by rules that are separate from these Terms & Conditions. If you
participate in any Promotions, please review the applicable rules as well as
our Privacy Policy. If the rules for a Promotion conflict with these Terms and
Conditions, the Promotion rules will apply.
Accounts
When you create an account with us, you
guarantee that you are above the age of 18, and that the information you
provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of
your account on the Service.
You are responsible for maintaining the
confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept
responsibility for any and all activities or actions that occur under your
account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any
breach of security or unauthorized use of your account.
We reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole
discretion.
Gift Cards / Gift Certificates / Merchandise
Cards / Merchandise Certificates
Gift/Merchandise cards and
Gift/Merchandise Certificates are redeemable for merchandise only through the
website (www.Lennox.BrandingMerchandise.com. No refunds will be given for
any unused amount and will expire 12 months after date of issuance.
Intellectual Property
Lennox.BrandingMerchandise.com and its
original content, features and functionality are and will remain the exclusive
property of B&E Brooks Inc, DBA-Branding Merchandise. Lennox.BrandingMerchandise.com
is protected by copyright, trademark, and other laws of both the United States
and foreign countries. Our trademarks and trade dress may not be used in
connection with any product or service without the prior written consent of
B&E Brooks, Inc. DBA-Branding Merchandise.
Links to Other Web Sites
Our Service may contain links to third party
web sites or services that are not owned or controlled by B&E Brooks, Inc.
DBA-Branding Merchandise.
B&E Brooks, Inc. DBA-Branding has no
control over, and assumes no responsibility for the content, privacy policies,
or practices of any third-party web sites or services. We do not warrant the
offerings of any of these entities/individuals or their websites.
You acknowledge and agree that B&E Brooks,
Inc. DBA-Branding shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on or
through any such third-party web sites or services.
We strongly advise you to read the terms and
conditions and privacy policies of any third-party web sites or services that
you visit.
Termination
We may terminate or suspend your account and
bar access immediately, without prior notice or liability, under our sole
discretion, for any reason whatsoever and without limitation, including but not
limited to a breach of the Terms.
If you wish to terminate your account, you may
simply discontinue using the site.
All provisions of the Terms which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Indemnification
You agree to defend, indemnify and hold
harmless B&E Brooks, Inc. DBA-Branding and its licensee and licensors, and
their employees, contractors, agents, officers and directors, from and against
any and all claims, damages, obligations, losses, liabilities, costs or debt,
and expenses (including but not limited to attorney's fees), resulting from or
arising out of a) your use and access of the Service, by you or any person
using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall B&E Brooks, Inc.
DBA-Branding, nor its directors, employees, partners, agents, suppliers, or
affiliates, be liable for any indirect, incidental, special, consequential or
punitive damages, including without limitation, loss of profits, data, use,
goodwill, or other intangible losses, resulting from (i) your access to or use
of or inability to access or use the Service; (ii) any conduct or content of
any third party on the Service; (iii) any content obtained from this site; and
(iv) unauthorized access, use or alteration of your transmissions or content,
whether based on warranty, contract, tort (including negligence) or any other
legal theory, whether or not we have been informed of the possibility of such
damage, and even if a remedy set forth herein is found to have failed of its
essential purpose.
Disclaimer
Your use of this site is at your sole risk.
This site is provided on an "AS IS" and "AS AVAILABLE"
basis. This site is provided without warranties of any kind, whether express or
implied, including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, non-infringement or course of performance.
B&E Brooks, Inc. DBA-Branding its
subsidiaries, affiliates, and its licensors do not warrant that a) this site
will function uninterrupted, secure or available at any particular time or
location; b) any errors or defects will be corrected; c) this site is free
of viruses or harmful components; or d) the results of using this site will
meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion
of certain warranties or the exclusion or limitation of liability for
consequential or incidental damages, so the limitations above may not apply to
you.
Governing Law
These Terms shall be governed and construed in
accordance with the laws of Oregon, United States, without regard to its
conflict of law provisions.
Our failure to enforce any right or provision
of these Terms will not be considered a waiver of those rights. If any
provision of these Terms is held to be invalid or unenforceable by a court, the
remaining provisions of these Terms will remain in effect. These Terms
constitute the entire agreement between us regarding our site, and supersede
and replace any prior agreements we might have had between us regarding the
site.
Changes
We reserve the right, at our sole discretion,
to modify or replace these Terms at any time. If a revision is material we will
provide at least 30 days’ notice prior to any new terms taking effect. What
constitutes a material change will be determined at our sole discretion.
By continuing to access or use our site after
any revisions become effective, you agree to be bound by the revised terms. If
you do not agree to the new terms, you are no longer authorized to use the
Service.
Sometimes returns are necessary; Branding
Merchandise will do everything in its power to process your return in a timely
manner.
Return Policy
Please allow 2 to 3 weeks for returns to be processed.
BRANDING MERCHANDISE
28255 SE Wally Road
Boring, OR. 97009
800.466.4428
customerservice@brandingmerchandise.com
If you have any questions about these Terms,
please contact us.