Please carefully read the following Terms of Use (“Terms of Use”) as these Terms govern your use (“User”) of Brentwood’s website and interactive MyBrentwood customized portal (which may hereinafter be referenced collectively as the “Site”) and content contained within the Site. Be aware that links provided on our Site which lead to external websites are beyond the control of Brentwood and are not covered by these Terms of Use, though they may be covered by a third party’s terms, of which it is your responsibility to review and agree upon with the third party.
Brentwood’s Site is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other associated terms, conditions, and policies, including, without limitation, Brentwood’s Privacy Policy as published within these Terms of Use. By accessing or using any part of the Site you agree to become bound by the terms and conditions of this agreement (“Agreement”) and all applicable laws and regulations, and you also agree that you are responsible for compliance with any applicable local laws. If you do not agree to all of the terms and conditions of this Agreement you may not access or use our Site and its services, and you must exit the Site immediately. Your continued use of our Site implies your acceptance of these Terms of Use, including Brentwood’s Privacy Policy.
1. License to Use
All material and information contained on this Site is the property of Brentwood and is protected by United States and international copyright and trademark law, as applicable. Your access, downloading and printing of information is permitted for temporary, non-commercial viewing; however, such use is granted by license and grants no title or ownership rights of any kind, and you may not 1) modify or copy the materials , 2) use the materials for any purpose other than your own, non-public, non-commercial use, 3) attempt to decompile or reverse engineer any software or materials contained within the Site, 4) remove any data or notifications affixed to Brentwood’s property, including copyright, trademark and patent notifications, and 5) transfer or “mirror” the materials to another server. Any use of Brentwood’s information beyond the limited license for personal use contained herein is prohibited unless you have received prior written permission for a specified, limited use by a duly authorized Brentwood employee.
The license granted herein for temporary, non-commercial viewing shall automatically terminate if you violate any of these restrictions and may be terminated by Brentwood at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2. MyBrentwood
In order to access and use the full services of the MyBrentwood customized portal (“MyBrentwood”, you must agree to comply with these Terms of Use and become a registered user (“User”). To become a User, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all information you provide on the Site is accurate and you agree all information you provided is governed by our Privacy Policy. You consent to all actions we take with respect to your information consistent with our Privacy Policy.
Each User is responsible for providing all equipment necessary to access the Internet and interact with the Site. Each User will select a User ID and password and will treat such information as confidential at all times.
Only registered Users may access and use the full services of MyBrentwood only for lawful purposes in accordance with these Terms of Use. Brentwood reserves the right, at its sole discretion, to refuse or revoke use privileges on the Site, or to limit a User’s ability to access information on MyBrentwood. Brentwood may terminate without prior notice the access of a User who breaches any of these Terms of Use. No User may permit its User ID or Password to be used by a third party to access information through the Site.
3. Prohibited Uses
You may not attempt, through the use of automatic devices, robots, aliases or other means to conceal such your identity, to manipulate the data or transactions to which it has access or to otherwise take any actions Brentwood determines to be inconsistent with the intended use of the Site. You may not attempt, through the use or introduction of any device, software or executable routine (including but not limited to any viruses, Trojan horses, worms, or other executable programs), to damage or interfere with the proper working of the Site.
4. Intellectual Property Rights
You acknowledge and agree that all right, title and interest in the Site and any data developed and/or collected by Brentwood in connection with the operation of the Site shall be and remain solely the property of Brentwood. Brentwood shall use any such data only in accordance with the Privacy Policy. Any third party content published on the Site is the property of the respective copyright owners and may not be copied or distributed in any way by Users for commercial purposes.
Any and all information made available to you on the Site (including, without limitation, technical information, data sheets, scientific or technical studies or articles or product catalogs) is solely for your internal use. None of such information may be printed out, copied, downloaded or otherwise duplicated for the purpose of distribution to any third party or for any use that is not consistent with Brentwood’s intended purpose for the Site. Brentwood acknowledges that you may have a need to print out, copy or download selected portions of such information for appropriate use. Under no circumstances should complete or significant parts of any catalogs, compendia, compilations or similar works be duplicated. Brentwood will monitor the information being duplicated from the Site and will take immediate action to terminate such activities and to suspend your rights to access Site. Brentwood reserves the right to take any and all other legal action or to seek any other remedies that may be appropriate in response to the improper use or misappropriation of its information.
5. Trademarks
The Brentwood name and all related names, logos, product and service names, designs and slogans are trademarks of Brentwood. You must not use such marks without the prior written permission of Brentwood. All other names, logos, products and service names, designs and slogans on this Site are the trademarks of their respective owners.
6. Information Posted to Site
You agree to be solely responsible for information that you submit through the Site and it shall not (i) infringe any third party’s rights, including but not limited to patent, copyright, trademark, trade secret, or other proprietary rights; (ii) be obscene, indecent, defamatory, or violate any person’s rights of publicity or privacy; or (iii) violate any applicable law, statute, rule or regulation, or constitute fraud. You agree that Brentwood shall have no obligation to monitor the content on any links to other web sites from the Site.
7. Links from the Site
If the Site contains links to social media, other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you do decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms of use for such sites. At Brentwood’s discretion, we may disable all or any of the links and resource features at any time without notice.
8. Indemnification
You agree to defend, indemnify and hold harmless Brentwood, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User contributions, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.
9. DISCLAIMER
The specific terms and conditions of use of the Site shall be solely governed by these Terms of Use. BRENTWOOD PROVIDES THE SITE “AS IS” AND “AS AVAILABLE”, WITHOUT ANY FURTHER WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, BRENTWOOD NEITHER MAKES, NOR ASSUMES ANY LIABILITY UNDER, ANY WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AND NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OR REPRESENTATIVE OF BRENTWOOD OR OTHERWISE CONTAINED ON THE SITE SHALL BE BINDING UPON BRENTWOOD. ALL USE OF THE SITE IS AT YOUR SOLE RISK. BRENTWOOD DOES NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, OR THAT INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE. YOU AGREE THAT YOU ARE USING THE SITE FOR YOUR CONVENIENCE AND THAT INFORMATION PROVIDED ON THE SITE WILL NOT BE DEEMED TO ALTER ANY OF BRENTWOOD’S OBLIGATIONS UNDER ANY SEPARATE AGREEMENT. YOUR SOLE REMEDIES AGAINST BRENTWOOD WITH RESPECT TO ANY GOODS SOLD OR SERVICES PROVIDED BY BRENTWOOD WILL BE THOSE SET FORTH IN THE APPLICABLE TERMS OF SALE. IN NO EVENT SHALL BRENTWOOD BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES OR CLAIMS OF ANY NATURE NOR FOR ANY CLAIMS FOR LABOR COSTS OR FAILURE OR DELAY IN DELIVERY.
10. Compliance with Applicable Law
You agree to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to your use of the Site, including without limitation all applicable tariffs and trade laws.
11. Governing Law; Jurisdiction
Any User registration, and the Terms of Use set forth herein, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Both you and Brentwood agree that any controversy or claim arising out of or relating to these Terms of Use, whether with respect to use of the Site or sale of any products through the Site, or the relationship between each User and Brentwood shall be submitted and will be subject to the personal and exclusive jurisdiction of the courts located within Reading, Pennsylvania.
12. Term and Termination
Your use and any User registration are unlimited in term. Notwithstanding the foregoing, Brentwood may at any time immediately terminate your use or a User’s registration, and all rights to access and use the Site, with or without prior notice to such User. Such notice, if made, shall be deemed effective if made via e-mail, facsimile, mail, overnight carrier, or courier. A User may at any time immediately terminate its registration, and all rights to access and use the Site, upon notice to Brentwood. Such notice may be made, and shall be deemed effective if made, via e-mail, facsimile, mail, overnight carrier, or courier.
13. Miscellaneous
This Agreement and the Privacy Policy which are incorporated by reference herein constitute the entire agreement and understanding between the parties with respect to the subject matter covered hereby and supersedes and replaces any and all prior written or verbal agreements. These Terms of Use may not be assigned or transferred to third parties by User without prior written permission from Brentwood. If any provision of these Terms of Use is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of the Terms of Use which shall remain in full force and effect.
14. Changes
From time to time, Brentwood may amend the Terms of Use, and may add, delete, change or otherwise modify the services provided on the Site. Brentwood will post the amendments to the Terms of Use on the Site, along with the effective date of any such amendment. All use of the Site after the effective date will be subject to the amended Terms of Use.
15. Waiver and Severability
No waiver by Brentwood of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brentwood to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
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