Terms of Service
This website is operated by Bramport Supply Co. (“Bramport”). Bramport offers its products, services, and this website, including all information, tools and services available from this website to you, the user (“you”, or the “customer”), conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting Bramport's website, you engage in Bramport's “Service” and agree to be bound by the following terms and conditions relating thereto (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
General
These Terms of Service apply to all users of the website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using Bramport's website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Bramport reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to Bramport's website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Bramport’s store is hosted on Shopify Inc. Shopify provides Bramport with the online e-commerce platform that allows Bramport to sell its products and services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given Bramport your consent to allow any of your minor dependents to use this website.
You may not use Bramport's products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
Service Conditions
Bramport reserves the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by Bramport.
Accuracy, Completeness, and Timeliness of Information
Bramport is not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Bramport reserves the right to modify the contents of this website at any time, but Bramport has no obligation to update any information on its website. You agree that it is your responsibility to monitor changes to Bramport's website.
Modifications to the Service and Prices
Prices for Bramport's products are subject to change without notice. Bramport reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Bramport shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to Bramport's Return Policy. Bramport reserves the right, but is not obligated, to limit the sales of its products or Services to any person, geographic region or jurisdiction. Bramport may exercise this right on a case-by-case basis. Bramport reserves the right to limit the quantities of any products or services that Bramport offers. All descriptions of products or product pricing are subject to change at any time without notice, at Bramport’s sole discretion. Bramport reserves the right to discontinue any product at any time.
Bramport has made every effort to display as accurately as possible the colors and images of its products that appear at the store. Bramport cannot guarantee that your computer monitor's display of any color will be accurate.
Besides what is stated in our Terms of Sale, Bramport does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
Bramport reserves the right to refuse any order you place. Bramport may, in its sole discretion, limit or cancel quantities purchased per person, per company, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Bramport makes a change to or cancels an order, Bramport may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. Bramport reserves the right to limit or prohibit orders that, in Bramport's sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Bramport's store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Bramport can complete your transactions and contact you as needed.
Optional Tools
Bramport may provide you with access to third-party tools over which Bramport neither monitors nor has any control nor input. You acknowledge and agree that Bramport provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Bramport shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Bramport may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and services available via Bramport's Service may include materials from third-parties. Third-party links on this website may direct you to third-party websites that are not affiliated with Bramport. Bramport is not responsible for examining or evaluating the content or accuracy, and Bramport does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Bramport is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
User Comments, Feedback, and other Submissions
If, at Bramport's request, you send certain submissions (e.g., through a customer survey), or without a request from Bramport you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that Bramport may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to Bramport. Bramport is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Bramport may, but has no obligation to, monitor, edit or remove content that Bramport determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead Bramport or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Bramport takes no responsibility and assumes no liability for any comments posted by you or any third-party.
Personal Information
Your submission of personal information through the store is governed by Bramport's Privacy Policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on Bramport's website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Bramport reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
Bramport undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Bramport's intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Bramport reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or Bramport. You may terminate these Terms of Service at any time by notifying Bramport that you no longer wish to use Bramport's Services, or when you cease using Bramport's website.
If in Bramport's sole judgment you fail, or Bramport suspects that you have failed, to comply with any term or provision of these Terms of Service, Bramport also may terminate this agreement at any time without notice and/or accordingly may deny you access to Bramport's Services (or any part thereof).
Indemnification
You agree to indemnify, defend and hold harmless Bramport Supply Co. and Bramport's parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) any negligence, misuse of website, or other action by the customer or any of its agents and assigns; (ii) your breach of these Terms of Service or the documents they incorporate by reference; or (iii) your violation of any law or the rights of a third-party.
Disclaimer of Warranties
Bramport does not guarantee, represent or warrant that your use of Bramport's service will be uninterrupted, timely, secure or error-free. Bramport does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time Bramport may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.
The service and all products and services delivered to you through the service or otherwise are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Limitation of Liability
In no case shall Bramport Supply Co., its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, or employees, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products purchased through the website or otherwise, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any product, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Bramport's liability shall be limited to the maximum extent permitted by law.
Intellectual Property
The use of this website or any sale by Bramport of any product does not constitute a license of any of Bramport's intellectual property, including product material and information, and a customer may not use the same for purposes unrelated to the purchase and application of the products purchased.
Severability & Interpretation
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service. Bramport’s failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Service shall not be construed against Bramport.
Entire Agreement
Unless expressly agreed upon otherwise in writing, these Terms of Service and any other agreements, policies, or operating rules posted by Bramport on this website or otherwise provided to you constitutes the entire agreement and understanding between you and Bramport and govern the parties’ sales agreement, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Bramport (including, but not limited to, any prior versions of the Terms of Service).
Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas.
Changes to Terms
Bramport reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to Bramport's website. It is your responsibility to check Bramport's website periodically for changes. Your continued use of the website following the posting of any changes to these Terms of Service constitutes acceptance of those changes. You can review the most current version of the Terms of Service at any time on Bramport's website.
Contact Information
Questions about these Terms of Service should be sent to Bramport at orders@bramportsupply.com.