Last updated: August 27, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.

Country refers to: United States

Company (referred to as either "the Company," "We," "Us," or "Our" in this Agreement) refers to Bradley Brands Ltd, 305 Inverness Way S Unit 205, Englewood, CO 80112.

Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.

Service refers to the Website and any associated digital marketing services provided by the Company.

Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

Website refers to Bradley Brands, accessible from http://bradleybrands.com

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service' is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service without parent or guardian approval.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password.

You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

Purchase of Services

If You wish to purchase any product or service made available through the Service ("Purchase"), 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.

We may employ the use of payment processing 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 services 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.

Subscription or Recurring Payments

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan You select when purchasing a Subscription.

At the end of each Billing Cycle, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it. You may cancel Your Subscription renewal by contacting the Company's customer support team at [email protected] or your account representative.

A valid payment method, is required to process the payment for Your Subscription. You shall provide the Company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and a valid payment method. By submitting such payment information, You automatically authorize the Company to charge all Subscription fees incurred through Your account to any such payment instruments.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. Failure to make on time payment will result in an automatic lockout of Your account until due payment(s) have been made.

Ownership of Content and Trademarks

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Bradley Brands or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

Intellectual Property

All content on the Bradley Brands website and services, including text, graphics, logos, images, and software, is the property of Bradley Brands or its licensors and is protected by intellectual property laws. You may not use any content without prior written permission from Bradley Brands.

Trademarks

The Bradley Brands name, logo, and related marks are trademarks of Bradley Brands. You are not permitted to use these trademarks without our prior written consent.

User Content

Clients retain all rights to the content they submit or create using Bradley Brands' services. Bradley Brands will not use, reproduce, or display client content without a separate written agreement or release from the client.

Content Created by Bradley Brands

All content included as part of the Service, including but not limited to text, images, workflows, templates, and other creative media, is owned exclusively by Bradley Brands. However, Bradley Brands grants You a non-exclusive, non-transferable, revocable license to use this content for Your business purposes.

License Terms: You may use the licensed content for Your business purposes both during and after the termination of Your relationship with Bradley Brands, provided the account was in good standing at the time of termination. This license does not grant You any ownership rights to the content, and any use beyond the agreed-upon scope requires explicit permission from Us.

Termination and License Continuation: Upon termination of the relationship, Your license to use the content created by Us will continue indefinitely, unless otherwise specified in the specific contract. Certain assets, such as websites, landing pages, workflows, and other assets hosted on Our platform, may not be transferable and are subject to platform-specific restrictions.

Bradley Brands retains the right to reuse, repurpose, and distribute any text, images, workflows, templates, or other creative media it has created at its sole discretion.

Termination

We may terminate or suspend Your account and bar access to the Service 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 Service or contact your account representative or email us at [email protected].

Upon termination, Your right to use the Service will immediately cease. If You wish to delete Your account data or have any questions about data retention after termination, please contact Us using the information provided below.

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.

Termination of services by either party will be governed by the terms outlined in the specific contract between Bradley Brands and the client. The specific contract will detail any transfer options or restrictions related to the content, including but not limited to websites, landing pages, and other digital assets hosted on Our platform.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, outside supplier software and/or outside supplier hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE"

Disclaimer The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the State of Colorado, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. In the event the dispute cannot be resolved, arbitration shall be the means of resolution.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service and contact us to cancel Your account.

Contact Us

If You have any questions about these Terms and Conditions, You can contact us by email at [email protected].