Terms and Conditions of Use
Last updated: August 2, 2023
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Please read these Terms and Conditions of Use (“Terms and Conditions” or “Agreement”) carefully before using this website, any website operated by Brundage Barrilero LLC, (“Brundage Barrilero” or “we” or “us” or “our”) and to the fullest legal extent possible, any Brundage Barrilero social media pages (for convenience, collectively referred to as the “Website”) because they apply to your use of and access to the Website. For clarity, the term Agreement also includes our other policies contained and referenced herein, including without limitation, our Privacy Policy.
By using or accessing the Website, submitting your information through the Website, or by making a purchase through the Website, you expressly: (i) acknowledge that you have read and that you agree with the terms and conditions of the Agreement; and (ii) represent that you are over the age of eighteen (18) and have the authority to enter into this Agreement. If you are under 18 years of age, please leave the Website immediately. Please be sure you understand this information because this is a legally binding agreement between you and us. If you do not agree with anything in the Agreement, please do not use the Website or make any purchase.
In the event you sign up for and purchase a subscription (the “Subscription”) then in addition to this Agreement, you will have to enter into a separate agreement (the “Subscription Agreement”). Both shall apply, however, to the extent there is a conflict or inconsistency between any terms in the two agreements, the Subscription Agreement shall take precedence to the extent necessary to resolve such conflict or inconsistency. Otherwise, the non-conflicting terms of this Agreement shall continue to apply.
Changes to our policies: Brundage Barrilero reserves the right to modify the Terms and Conditions / Agreement at any time so please be sure to read them each time you visit the Website. By using the Website and/or signing up for our Subscription, you agree to be bound by all the terms and conditions contained in the Agreement.
Thank you for your cooperation.
RIGHTS AND RESTRICTIONS ON USE OF THE WEBSITE / ADVICE DISCLAIMER
Brundage Barrilero grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Website, and the content herein, for your personal use. Unless we specifically state you have permission to share a link to any of our articles, blogs or our Website, you understand that you need prior written permission from Brundage Barrilero to share anything digitally on your website or social media or with third parties; that includes all images, as those may be protected by copyright or other types of intellectual property (“IP”) and your use may violate copyright or other laws. In any event, you agree to keep the appropriate copyright, trademark or patent notices attached (if any). You acknowledge that the Website generally, and its contents, are primarily intended for providing entertainment, and for informational and marketing purposes, and that content may contain tips and opinions relating to business, health, wellbeing, family, fashion, current affairs, beauty, design, food, travel, and more. You agree to do your own due diligence before you act on anything from the Website (which includes Subscription content and all blogs and articles) and will not rely on anything contained herein without further investigation on your part; and you agree to take full responsibility for any claims or results (or lack thereof) if you follow any advice or tips found on our Website.
You agree not to use the Website, or your access to the Website or Subscription, for any fraudulent or illegal purposes. Furthermore, you agree not to disrupt, post viruses, upload malware or otherwise harm Brundage Barrilero, its clients, this Website or any third parties accessed through us or associated with us.
COPYRIGHTS, TRADEMARKS, PATENTS AND TRADE SECRETS (“INTELLECTUAL PROPERTY”)
Brundage Barrilero either owns the rights to all logos, trademarks, copyrights, text, graphics, trade secrets, website code, patents, and all other content found on the Website and/or believes it has permission to use aforementioned content and intellectual property. Except as allowed in this Agreement, you may not use these for any reason whatsoever without prior written permission from Brundage Barrilero. You agree you will not reverse engineer anything found on our Website. You acknowledge that using another’s intellectual property, including but not limited to, reproducing, uploading, posting or distributing such property is against the law and may violate or infringe on Brundage Barrilero’s, or a third party owner’s, rights. You also understand that unauthorized use of such content may lead to personal, and possibly criminal, liability. Therefore, by accessing and using the Website and/or the Subscription, or by making a purchase through the Website, you are agreeing to the rights and restrictions of use as set forth in this Agreement.
YOUR ACCOUNT AND USER CONTENT
In order to access some of the features of this Website or use our Subscription service, you will have to create an account and provide some personal information and create a password. By doing so, you are explicitly agreeing to the terms and conditions listed in our Privacy Policy, which is hereby incorporated by reference. You agree the information you submit will be true and accurate. You also agree not to share your login information with anyone else, and we strongly recommend you keep your login information confidential because you will be solely liable for any acts or omissions made using your account information.
You may have the opportunity to submit information to us, including but not limited to, videos, drawings, comments, renderings and other items. You warrant that any submissions of content you make (your “User Content”) to the Website or any of Brundage Barrilero’s social media pages will: (i) be truthful, accurate and complete; (ii) will not infringe on or disparage any third party, including Brundage Barrilero; (iii) will not infringe on a third party’s intellectual property rights or injure a third party; and (iv) that you have the right to make said submissions. You grant Brundage Barrilero and any related parties a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable and transferable license to use any such submission of User Content for purposes of showcasing for marketing purposes, including incorporation into future posts or articles, and in connection with performing any services. You understand that any such submissions of User Content are not confidential. You agree not to share any content that is not yours. You will indemnify us from any claims or violations arising from the above.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)
Notice Requirements: If you believe that material found on a website operated by Brundage Barrilero infringes a copyright, you may send a notice of infringement via e-mail or in writing using the contact information found at the bottom of this Agreement. You must include all of the following required information in order for us to evaluate your claim:
- A signature of a person authorized to act on behalf of the intellectual property owner whose right has been allegedly infringed upon – signatures may be provided electronically by typing your name;
- A description in sufficient detail of the work allegedly infringed upon;
- Identification of the allegedly infringing material on the website including the specific location of the material;
- The name of the intellectual property owner, and contact information for the notifying party including name, address, telephone number and email address;
- A statement that the notifying party has a good faith belief that the material is not authorized by the intellectual property owner, its agent or the law; and
- A statement that the information provided in the notice is accurate, and under penalty of perjury, that the notifying party is authorized to make the complaint on behalf of the copyright owner.
If you misrepresent that material is infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether the material is infringing, please contact an attorney before submitting a notice.
Counter-Notice Requirements: If you have a good faith belief that material removed or disabled as a result of a notice of copyright infringement to Brundage Barrilero was done so in error, you may send a counter notice to Brundage Barrilero using the contact information found at the bottom of this Agreement. You must include all of the following required information:
- Your signature, which may be provided electronically by typing your name;
- Identification of the material that has been removed or to which access has been disabled;
- A statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- Your name, address, telephone number and email address, and a statement that you consent to the jurisdiction of the federal court in Dallas County, TX and that you will accept service of process from the person who provided the original notification or an agent of such person.
If you misrepresent that material is not infringing, you may be liable for damages (including costs and attorneys’ fees). Therefore, if you are not sure whether or not the material is infringing, please contact an attorney before submitting a counter-notice.
Please note that any person who knowingly materially misrepresents information herein (whether in relation to a notice or counter-notice) may be subject to liability under the Copyright Act.
Brundage Barrilero, in its sole discretion, may remove any content, including without limitation User Content, and may close your account without prior notice to you. Notwithstanding, we may try to communicate with you to resolve issues before doing so.
LINKS TO OTHER WEBSITES
For your convenience, the Website may include some links to third party websites, not related to Brundage Barrilero; such links may include for payments and to access the Subscription. Brundage Barrilero is not responsible for, nor does it have any control over, the content found on any such third party website. We cannot make any representations whatsoever about the content or warranties or security of the other websites, and recommend you carefully read their Terms and Conditions and Privacy Policies before use. We do not verify information on other linked sites and assume no liability or responsibility whatsoever for your use of any other websites, so it is important for you to research them yourself. We have no control over, and will not be liable for, the information and/or experience you encounter once you leave our website.
AFFILIATE LINKS
From time to time, we may provide links to third party products or services where we are compensated for your purchase. Similarly, we may compensate third parties affiliates who market or sell our products or services.
PRIVACY POLICY
Brundage Barrilero is committed to protecting your privacy. For details please see our Privacy Policy. By using the Website and/or Subscription, you are explicitly agreeing to the terms and conditions in our Privacy Policy.
DISCLAIMERS
USING THIS, OR ANY OTHER BRUNDAGE BARRILERO WEBSITE, OR USING BRUNDAGE BARRILERO’S SUBSCRIPTION IS DONE AT YOUR OWN RISK. THE WEBSITE, AND ANY FEATURES, SUBSCRIPTIONS, CONTENT, AND SERVICES THEREOF, ARE PROVIDED “AS AVAILABLE” AND “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRUNDAGE BARRILERO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANT ANY RESULTS UPON USE OF THE CONTENTS ON THE WEBSITE OR SUBSCRIPTION (INCLUDING THAT IT IS FREE OF VIRUSES OR HARMFUL ELEMENTS) OR ANYTHING ELSE FOUND ON THE WEBSITE OR SUBSCRIPTION IN TERMS OF RELIABILITY OR ACCURACY. NO WARRANTIES OF ANY KIND ARE MADE REGARDING YOUR USE OF OUR CONTENT AND/OR INFRINGEMENT ON ANY THIRD PARTY’S RIGHTS. BRUNDAGE BARRILERO IS NOT RESPONSIBLE FOR USER CONTENT, OMISSIONS OR ERRORS CONTAINED ON THE WEBSITE OR SUBSCRIPTION CONTENT, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY, INCLUDING COSTS, FOR YOUR USE, INCLUDING ANY NECESSARY SERVICING, CORRECTION OR REPAIR. WE CANNOT GUARANTEE THE UNINTERRUPTED USE OF OUR WEBSITE, OR THE PROPER USE OR FUNCTIONING OF OUR WEBSITE, ON YOUR COMPUTER, OR YOUR INTERNET. PLEASE NOTE SOME OF THE ABOVE DISCLAIMERS AND WARRANTIES MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION’S APPLICABLE LAW.
LIMITATIONS ON LIABILITY
BRUNDAGE BARRILERO, ITS AFFILIATES, RELATED ENTITIES, CONTENT PROVIDERS, LEGAL AND OTHER ADVISORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES FOR ANY REASON ARISING OUT OF YOUR USE OF, OR THE INABILITY TO USE THE WEBSITE OR SUBSCRIPTION; THIS INCLUDES CONTENT AND DOWNLOADS; AND THIS APPLIES EVEN IF BRUNDAGE BARRILERO OR ITS AGENTS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, BRUNDAGE BARRILERO WILL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES THAT EXCEED THE AMOUNT PAID TO BRUNDAGE BARRILERO, IF ANY, FOR PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE.
INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS, BRUNDAGE BARRILERO, ITS OFFICERS, DIRECTORS, DISTRIBUTORS, AGENTS, EMPLOYEES, AFFILIATES, LEGAL AND OTHER ADVISORS, FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CLAIMS AND DAMAGES, INCLUDING COSTS, REASONABLE ATTORNEY FEES AND EXPENSES, LAWSUITS AND OTHER LEGAL ACTIONS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SUBSCRIPTION FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, ILLEGAL PURPOSES OR MISUSE OF THE WEBSITE OR CONTENT.
GOVERNING LAW / DISPUTES
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS. ANY CONTROVERSY OR CLAIM RELATING TO THE WEBSITE, ITS CONTENTS OR THIS AGREEMENT, NOT OTHERWISE RESOLVED BY YOU AND BRUNDAGE BARRILERO, SHALL BE SETTLED EXCLUSIVELY THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH ARBITRATION WILL BE CONDUCTED IN A PLACE CLOSE IN PROXIMITY TO BRUNDAGE BARRILERO’S HEADQUARTERS IN DALLAS, TEXAS. ACCORDINGLY, YOU HEREBY SUBMIT TO PERSONAL JURISDICTION IN DALLAS COUNTY, TEXAS; AND YOU ALSO ACKNOWLEDGE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF ANY MATTER RELATING TO SERVICES, THE WEBSITE, SUBSCRIPTION, ANY CONTENT OR THIS AGREEMENT, MUST BE BROUGHT WITHIN ONE YEAR AFTER ACCRUAL OF INCIDENT, OR WILL BE BARRED FOREVER AFTER. BRUNDAGE BARRILERO, HOWEVER, MAY INITIATE LEGAL PROCEEDINGS IN THE JURISDICTION OF ITS CHOICE TO SEEK AN INJUNCTION, RECOVER DAMAGES, ETC. RELATING TO YOUR USE OR MISUSE OF THE WEBSITE OR ANY CONTENT THEREIN, IF APPLICABLE.
NO CLASS ACTIONS
Any type of class or representative action or consolidation with other arbitrations is not allowed. You may only resolve disputes with Brundage Barrilero on an individual basis.
TERMINATION
You can terminate this Agreement at any time by ceasing to use the Website and/or Subscription. Brundage Barrilero may, for whatever reason, in its sole discretion, terminate this Agreement and deny you further access to the Website or your Subscription. If this occurs, you agree to abide by our decision, and you still affirm that this Agreement applies to all uses prior to termination.
HEADINGS
The headings of the different sections herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
SEVERABILITY
If any part or parts of this Agreement (including all Terms and Conditions, Privacy and other policies) shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
ENTIRE AGREEMENT
Unless otherwise indicated herein, this Agreement contains the entire understanding between you and Brundage Barrilero relating to your use of the Website.
CONTACT US
If you have any questions about the Website, the Terms and Conditions, Subscription, or the Privacy Policy, please contact us:
BRUNDAGE BARRILERO LLC
Address: ____________________________
____________________________________
_____________________________________
Tel: _________________________________
E-mail: _______________________________
©2023 Brundage Barrilero LLC. All Rights Reserved.
