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BRAVELETS WEBSITE TERMS OF USE


Last Modified: January 2017
Acceptance of the Terms of Use

Welcome to the website of Bravelets, LLC ("Company", "we" or "us"). The following terms and conditions (these "Terms of Use"), govern your access to and use of bravelets.com, including any content, functionality and services offered on or through bravelets.com (collectively, the "Website").


Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.bravelets.com, incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, so please check this page periodically for updates. The date these Terms of Use were last revised is identified at the top of the page.

Website Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.


To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy www.bravelets.com/privacy-policy ,and you consent to all actions we take with respect to your information consistent with our Privacy Policy. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “material”) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, the terms “Bravelets” and “be brave,” the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.


These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except for your personal use. No right, title or interest in any downloaded material is transferred to you as a result of any such downloading or copying, or otherwise, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.


If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@bravelets.com.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website in any way that violates any applicable federal, state, local or international law or regulation.

User Contributions

The Website may contain personal web pages (Brave pages), message boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.


All User Contributions must comply with the Content Standards set out in these Terms of Use.


Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material.


You represent and warrant that you own or control all rights in and to the User Contributions, or you have been granted a license to such User Contributions, and have the right to grant the license granted above to us, and all of your User Contributions do and will comply with these Terms of Use. Further, you understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. Further, you acknowledge that your User Contributions are posted on the Website and generally accessible by others.

Monitoring and Enforcement; Termination

We have the right to take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including the right to remove or refuse to post any User Contributions for any or no reason in our sole discretion, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights or to law enforcement authorities, take appropriate legal action for any illegal or unauthorized use of the Website, and/or terminate or suspend your access to all or part of the Website for any or no reason.


However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:


  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or privacy or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy www.bravelets.com/privacy-policy
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Be likely to cause annoyance, inconvenience or needless anxiety or to upset, embarrass or alarm any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
  • Involve gambling, gaming and/or any other activity with an entry fee or a prize, including but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, or games of skill (whether or not it is legally defined as a lottery);
  • Promote pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Personal Information Submitted Through the Website

Your submission of personal information through the Website is governed by our Privacy Policy, found at www.bravelets.com/privacy-policy. These Terms of Use incorporate by reference the terms and conditions of the Privacy Policy. You should not post any personal or other information on the Website that you do not wish to be available to the general public.

Brave Pages

As a user of the Website, you have the ability to create a Brave Page. A “Brave Page” is a custom page on the Website created by a user to promote a designated cause. We will donate a portion of the proceeds from sales through a Brave Page to the cause designated on such Brave Page. Each Brave Page is governed by and subject to these Terms of Use. In addition to the other terms and conditions set forth herein, users of Brave Pages agree to the following:


  • If you create a Brave Page, you are solely responsible for ensuring you have selected the correct organization or cause designated on the page;
  • Any proceeds from sales through a Brave Page that you obtain from us will be used solely for the purposes described on the Brave Page;
  • You will comply with all relevant local, state, and federal laws applicable to you when you solicit funds for a cause through a Brave Page, particularly but not limited to the laws relating to your marketing and solicitation for your cause;
  • All content on a Brave Page and your designated cause is subject to the Content Standards set forth herein; and
  • You agree that the minimum donation amount to receive a paper check is $50; and
  • You expressly authorize Bravelets, LLC's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.

Gift Cards

Bravelets electronic gift cards ("Gift Cards") may only be redeemed towards the purchase of eligible items on the Website. Please treat your Gift Cards like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchases made with a Gift Card will be deducted from the redeemer’s Gift Card balance and any unused balance will be available for future purchases. Purchase amounts that exceed the redeemer’s Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards do not expire and we do not assess any service fees for non-use.


Restrictions

Gift Cards have other restrictions, including but not limited to:


  • Coupons and other discounts or promotions may not be applicable to purchase Gift Cards.
  • Gift Cards cannot be used to purchase other Gift Cards.
  • Gift Cards cannot be returned.
  • Gift Cards may only be applicable to purchase certain products or services on the Website, or they may exclude the purchase of certain products or services. Please see any applicable restrictions noted on your Gift Card or the applicable products or promotions for further details.
  • Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain our prior written approval. The use of a Gift Card in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Bravelets, LLC is strictly prohibited.



Fraud

Bravelets reserves the right to refuse, cancel or hold for review any orders or customer accounts using a Gift Card or any Gift Card mistakenly issued in an incorrect denomination, to bill alternative forms of payment for suspected fraud in connection with a Gift Card, or to take any other action in connection with a violation of our Gift Card Terms of Use. By purchasing a Gift Card, you are certifying and representing to us that the activities in connection with which the Gift Card will be used will comply with these Terms of Use and all applicable laws, rules and regulations, and that the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful.



Check Your Balance

To check your Gift Card balance, please contact Bravelets customer service (https://www.bravelets.com/contact-us).



Delivery Information and Reasons for Failed Delivery

We are not responsible for Gift Cards that are undeliverable or not received due to your failure to enter an accurate email address for the recipient. Please check to make sure the email address of the recipient of the Gift Card is correct and contact Bravelets customer service (https://www.bravelets.com/contact-us) if you suspect the recipient of the Gift Card did not receive his or her Gift Card. Should an email be returned due to inaccurate delivery information for the recipient, we will attempt to contact you for a valid email address.


If you have confirmed the recipient's email address but the Gift Card has not been viewed within a reasonable period after the requested delivery date, this may be because the recipient’s spam filter or firewall has blocked the email or routed it to a spam folder, the recipient’s email inbox may be over its size limit, or the email address may be invalid. If you cannot resolve these issues and require further assistance, please contact Bravelets customer service (https://www.bravelets.com/contact-us).



Personalized Messaging

If you wish to add a personal message when purchasing a Gift Card, please note that personal messages are limited in length to the space provided. We may not read every message but if we find inappropriate, offensive or otherwise objectionable messages, we reserve the right to delete or replace it in our sole discretion.



Compliance with Applicable Laws

Please note that Gift Cards and their redemption are each subject to change in the sole discretion of Bravelets, at all times in accordance with applicable law.


Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. To request our consent, please address your request to: info@bravelets.com.


This Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Website, send e-mails or other communications with certain content, or links to certain content, on this Website, and/or cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not establish a link from any website that is not owned by you, cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, or otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.


The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to 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 decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

The materials on the Website are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The Company expressly disclaims any duty to update or revise the materials on the Website, although we may modify the materials at any time without notice. Your use of the Website is at your sole risk, and you assume full responsibility for any costs associated with your use of the Website. We shall not be liable for any damages of any kind related to your use of the Website.

Indemnification

You agree to defend, indemnify and hold harmless the Company, 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 Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and the Company agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Website, or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of it (a “Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:


(1) to the Company at: Bravelets, 337 Garden Oaks Blvd #46624, Houston, TX 77018, Attn: Bravelets Legal, or


(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile.


Both you and the Company agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.

Governing Law and Jurisdiction

These Terms of Use shall be construed in accordance with the laws of the State of Texas, without regard to any conflict of law provisions. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Austin and County of Travis, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Miscellaneous

The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of the Company’s right to require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms of Use and our Privacy Policy constitute the entire agreement between us relating to your use of the Website.

Your Comments and Concerns

This website is operated by Bravelets, LLC.


All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@bravelets.com


Thank you for visiting the Website.




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