Terms & Conditions
BRRRN TERMS & CONDITIONS
Effective as of August 31, 2021
Welcome to Brrrn. These are our terms and conditions. This website is operated by Brrrn, LLC which includes Brrrn Fitness Studios and its subsidiaries, including Brrrn Interactive, LLC and Brrrn Flatiron, LLC (collectively “Brrrn”). This policy governs your use of the Brrrn website (the “Website”) and Brrrn Exercise Activities (as defined herein). The Website is designed to allow users to make Brrrn At-Home subscription purchases, view on-demand and live content, and communicate with Brrrn Interactive.
Our Contact Information
107 W. 20th Street
NY, NY 10011
BRRRN WAIVER AND RELEASE
Brrrn operates and broadcasts on-demand classes, events, and other programs through a subscription based video/on-demand service (“Brrrn At-Home”), many of which feature the Brrrn Board, also known in the fitness arena as a slide board, as well offering in-studio fitness classes at Brrrn Flatiron (collectively, “Brrrn Exercise Activities”).
By participating in Brrrn Exercise Activities, and other programs provided by us, including use of the Brrrn Board and/or other equipment, you hereby acknowledge on behalf of yourself, your heirs, personal representatives and/or assigns, that: (i) there are certain inherent risks and dangers in the strenuous nature of Brrrn’s workout program, and (ii) you have voluntarily chosen to participate in an intense physical exercise program. You understand that Brrrn strongly recommends that you consult with a physician prior to commencing any Brrrn Exercise Activities. You acknowledge that you have been fully informed of the strenuous nature of Brrrn’s exercise programs and the possibility of adverse physiological occurrences including, but not limited to: abnormal blood pressure, fainting, heart attack or death. You assume all risk for your health and well-being, and fully release and hold harmless Brrrn for any responsibility, cost or damages..
You have also been advised that you may be instructed to hold your breath for extended periods of time as part of your participation in the Brrrn Exercise Activities, as certain breathing methods and techniques have been incorporated into Brrrn’s fitness program. You are aware of the potential health risks associated with such breath practices.
You understand and take full responsibility for any and all injuries/damage(s) when participating in Brrrn Exercise Activities, related or otherwise as a result of: (1) your own negligence, (2) the negligence of others, or (3) through no fault of your own, Brrrn instructors, or anyone else, due to the nature of the Brrrn Exercise Activities.
In consideration of being allowed to participate in Brrrn Exercise Activities by a physician or on your own accord, you hereby (1) agree to assume full responsibility for any and all injuries or damage which are sustained or aggravated by you in relation to the Brrrn Exercise Activities, (2) release, indemnify, and hold harmless Brrrn and its officers, directors, members, employees, representatives and agents, and each of their respective successors and assigns and all others, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages, and liabilities to the fullest extent allowed by law arising out of or in any way related to participation in the Brrrn Exercise Activities, and (3) represent that you (a) have no medical or physical condition that would prevent you from fully participating in the Brrrn Exercise Activities, (b) do not have a physical or mental condition that would put you in any physical or medical danger, and (c) have not been instructed by a physician to not participate in physical exercise, whether cold-temperature related or otherwise.
You acknowledge that if you have any chronic disabilities or conditions, you are at risk in participating in Brrrn Exercise Activities.
CHANGES TO THIS AGREEMENT
We reserve the right to modify the Terms of Service at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement, if permitted under the applicable law. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or mobile apps, or other manner. Your failure to cease use of our services after receiving notification of the modification will constitute your acceptance of the modified terms.
If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Website, or discontinue any use of the Website immediately.
PUBLICITY RELEASE at STUDIO: You agree that Brrrn may photograph and record you and may display, publish, distribute, create derivatives, exhibit, broadcast, edit, advertise, publicize, promote, and use aforementioned photographs and recordings in connection with your participation in Brrrn Exercise Activities and your attendance at the Brrrn Facilities, and in connection with advertising to promote the aforementioned events or activities. You further agree and expressly consent that Brrrn may display the aforementioned photographs and recordings online through websites and social media services to promote Brrrn’s business and operations. You waive any personal or proprietary rights with respect thereto. You represent and warrant to Brrrn that you have not made any contract or commitment in conflict with this grant, and that you will seek no further consideration for any use contemplated by this Publicity Release.
GUARDIAN’S PERMISSION AND RELEASE FOR MINOR: If you are agreeing to this Waiver and Release on behalf of a minor, you understand and agree that your child’s participation in Brrrn Fitness Activities is by your own choice and, your agree that the Waiver and Release above applies equally to your child and you and any claims you, he or she, may have. You also waive any derivative claims that relate to or arise out of your child’s participation in Brrrn Exercise Activities and/or attendance at the Brrrn Facilities. I also agree that the Publicity Release above applies equally to my child and me.
I have read this Brrrn Waiver and Release, fully understand its terms, and understand that I am giving up substantial rights including my right to sue Brrrn under certain circumstances. I acknowledge that I am signing this waiver freely and voluntarily. The term of this waiver is indefinite.
COMMUNICATION WITH BRRRN: OUR GENERAL STATEMENT ON PRIVACY, PERSONAL DATA, AND COMMUNICATIONS
If you use the Website, you are responsible for maintaining the confidentiality of your account, password, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account and password.
When you visit the Website, or communicate with Brrrn via email, you are communicating electronically. You consent to receive communications from Brrrn electronically. Brrrn will communicate with you by email or by posting notifications on the Website. You understand and agree that all agreements, notices, disclosures, and other communications that Brrrn provides electronically satisfy any legal requirement that such communications be in writing.
USER PROVIDED INFORMATION
Brrrn does not collect any personal information about individuals — such as names and postal codes, home addresses, and email addresses — except when such information is knowingly provided to Brrrn. Personal information might be obtained from online transactions such as class/series purchases, retail purchases, and/or class registrations. Additionally, personal information may be transmitted as part of a form submission or in connection with other activities or services made available on the Website. Any personal identification information retrieved by Brrrn must be voluntarily submitted by the user.
Brrrn may use the information provided to contact you with important information, required notices, and marketing promotions.
AUTOMATICALLY COLLECTED INFORMATION
The Website collects some anonymous information about users automatically when individuals request pages through a browser. This information is used to keep track of the shopping cart and to help us monitor how individuals use the Website, which allows Brrrn to provide an optimal experience and better service throughout the online offerings. The information collected automatically by the server does not contain anything that can identify individuals personally, such as an email or home address.
Brrrn makes every effort to ensure that all of the transactions that occur on the Website is secure. All credit card numbers and transactions are encrypted using 128-bit Secure Socket Layer (SSL) encryption. We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve the Website. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
WHAT IS A SECURE CONNECTION?
When a secure connection is established between your browser and a website, any data that is transferred over the connection will be encrypted to prevent it from being viewed by a third party. SSL encryption makes it very difficult for anyone to intercept or decode messages exchanged over this type of secure connection.
Browsers such as Internet Explorer, Firefox, and Safari display an image of a locked padlock on their status bar when connected to a secure site. Google Chrome shows a green locked padlock on the far left side of the status bar when there is a secure SSL connection. Firefox colors the address bar yellow when connected to a secure site. Secure transactions are also indicated when the prefix in the location bar of your browser switches from http:// or https://. The additional ‘s’ stands for “secure” and indicates a secure connection to the Brrrn website. If you do not see this padlock, if it is unlocked, or if the protocol in the location bar is not listed as https://, then any data exchanged with the website is potentially visible to others. Depending on your browser, you may be able to view authentication information about a secure page by double-clicking on the padlock icon in the status bar. For more information on how your software establishes a secure connection, see the help files for your particular browser.
A cookie is a small text file that is sent to your browser from a website and stored on your computer’s hard drive. Cookies cannot read data from your hard disk or read cookie files that were created by other sites the website that creates a cookie is the only one a browser will permit to access it.
HOW INFORMATION IS USED
The following are examples of how Brrrn might use the personal information collected through the Website:
* If you purchase a Brrrn Board and subscription series, sign up for a Brrrn class, or purchase Brrrn retail items, the required personal information (similar to that provided during a telephone or mail order purchase) will be used to complete your order.
* If you indicate that you are interested in receiving Brrrn related news and information, you may receive emails to the email address you provided as part of the registration process.
For the non-personally identifiable information collected throughout the Website:
* Aggregate data could be analyzed to describe the collective characteristics and behaviors of online visitors, and subsequently be used to further optimize the effectiveness of the website and the overall Brrrn experience.
You can help Brrrn maintain the accuracy of your personal information by updating your account. Please update this information when you change your address, phone number, or email address. Brrrn will never share telephone numbers, email addresses, or any personal data with third parties.
Brrrn reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders, at its sole discretion.
PRIVACY OF MINORS
A parent or guardian must sign waiver on behalf of a minor before the minor shall be permitted to participate in a class. If Brrrn discovers that personal information has been submitted by a minor without a signed participant/registration waiver, Brrrn reserves the right to delete such information. Brrrn does not seek or share personal information from minors throughout the Website.
In order to make a reservation, you must first own a single class or a series (multiple classes). To buy an individual class, infrared sauna session or series online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express.
Your credit/debit card will be charged for your order when you submit your reservation. Brrrn will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Brrrn may incur in its efforts to collect any unpaid balances from you.
You will be charged $10 for missing a class that you didn’t cancel, deemed a “no show” fee.
RESERVATIONS/CHARGES/CLASSES AND GIFT CARDS
In order to make a reservation, you must first buy a class or a series of classes. To buy an individual class or series of classes online, you can either sign up here by using your email and creating a password, or if you are already registered, click login to buy a series and make your reservation.
You should be aware that classes and series expire, and future prices are subject to change. We accept MasterCard, Visa, and American Express. Your credit/debit card will be charged for your order when you submit your reservation. Brrrn will not process reservation charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Brrrn may incur in its efforts to collect any unpaid balances from you.
All sales are final. Cannot be exchanged for cash of any value.
Subscriptions are offered on a per month or annual basis. Future subscription prices are subject to change, Your credit/debit card will be charged for your order when you buy your subscription package. Brrrn will not process subscription charges that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. If you fail to pay any fees or charges when due, services or privileges may be suspended or terminated. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Brrrn may incur in its efforts to collect any unpaid balances from you.
All introductory offers, promotions and discount codes are for one time use only per individual, unless expressly indicated to the contrary. Brrrn reserves the right to charge the full price in the event you use an introductory offer, promotion or discount code on a duplicate basis to purchase a class or series. Should Brrrn charge you the full price your rights to then cancel such subscription services and/or to receive a refund shall continue to apply in accordance with our standard cancellation and refund terms. Brrrn also reserves the right in its discretion to immediately cancel all accounts linked to you in such circumstances.
SHARING LOG-IN CREDENTIALS
From one account, you're allowed to stream simultaneously from 3 locations.
RIGHT TO CANCEL
You may cancel your purchase of a subscription at any time. To cancel, mail, e-mail or deliver a signed and dated notice which states that you are canceling your purchase, and send it to email@example.com Attention: Refunds. Brrrn will refund the subscription that month if still within 5 days of the cycle.
Brrrn can only process refunds for transactions within the last 180 days.
If Brrrn stops offering subscription services on-demand, you may cancel your purchase.
In addition to your rights of cancellation and refund if you wish to simply cancel the subscription, you may do so up until the 5th day of the billing cycle of the month, and in such case your month’s fee will be returned to your account to be used at a future date, subject to the applicable expiry date for such subscription. If you purchased the annual fee, all sales are final after your free tiral.
LINKS/THIRD PARTY WEBSITES
Brrrn has not reviewed all the sites linked to the Website, and is not responsible for the content or any off-site pages or other linked sites. Although a third-party website may contain the Brrrn logo, please understand that it is independent from Brrrn, and that Brrrn has no control over the content of that website and/or app.
Going to third party or off-site websites from the Website is at your own risk. These links do not imply endorsement of, sponsorship of, or affiliation with Brrrn.
MUSIC & FEED.FM PLAYER
There is no affiliation, connection, association or endorsement of the products, goods or services displayed on this page by the copyright owners, featured recording artists and authors of the sound recordings (and the musical works embodied therein) transmitted through the Feed.fm player.
INTELLECTUAL PROPERTY RIGHTS
The trademarks and trade dress of Brrrn are proprietary to Brrrn and may not be used by you for any reasons other than as expressly permitted by these terms. All Website content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are property of, or duly licensed to, Brrrn. You have the right to view, electronically copy, and print in hard copy portions of the Website for the sole purpose of making class reservations, purchases, or other personal use
Any other use of materials on the Website, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Brrrn, is strictly prohibited.
You acknowledge that Brrrn and/or third-party content providers remain the owners of all Website materials, and that you do not acquire any of those ownership rights by downloading, copying, or using any such material in accordance with these Terms and Conditions. Brrrn may discontinue or remove the Website, or any portion thereof, or discontinue your right to use the Website, or any portion thereof, at any time.
As between you and Brrrn, you own all content that you submit to Brrrn. You grant Brrrn and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers) royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you. In addition, you waive any so-called “moral rights” in your content. You further grant all users of Brrrn’s services permission to view your content for their personal, non-commercial purposes.
In participating in Brrrn’s classes, you may be photographed, videoed or otherwise recorded by Brrrn or third parties authorized by Brrrn in its or such third parties producing of content which among other things Brrrn or such third parties may use to advertise, report upon, market and/or promote Brrrn and its services. You hereby consent to such usage of your imagery for all and any such purpose by Brrrn and such third parties and hereby agree that Brrrn and such third parties without any payment to you shall in all cases be the sole owner of all intellectual and other proprietary rights therein without any restriction whatsoever.
NOT AUTHORIZED TO PERFORM DATA MINING
You are not authorized without the prior written permission of Brrrn to use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Website or accessed through this Website. You also may not engage in the mass downloading of files from this Website; use the computer processing power of this Website for purposes other than those permitted above; flood this site with electronic traffic designed to slow or stop its operation; or establish links to or from other websites to this Website.
NOT AUTHORIZED TO USE THIS WEBSITE FOR COMMERCIAL PURPOSES
Users are not authorized to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second-hand works based on any of Brrrn’s material in any way for any public or commercial purpose. Thus, you are not authorized to (i) resell or make commercial use of this site or its contents; (ii) collect or use any product listings, descriptions, photographs or prices displayed on this Website in connection with the sale or resale of any Brrrn products or for other commercial purposes; or (iii) create, reproduce and/or distribute any materials derived from the content provided on this Website. Furthermore, Brrrn’s material may not be displayed or communicated on any other website and/or app, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, your permission to use Brrrn’s material will automatically terminate and any copies made of Brrrn’s material must be immediately destroyed.
Any unauthorized use of Brrrn’s material may violate state and federal criminal laws, infringe copyright laws, trademark laws, the laws of privacy or publicity, and communication regulations and statutes.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
In no event will Brrrn be liable for any direct, indirect, special, or other consequential damages resulting from your use of the Website, or on any other linked/third-party website, including without limitation, any lost profits, business interruption, loss of programs, or other data on your information handling systems or otherwise, including any claims waived by you previously in this agreement even if Brrrn expressly advised of the possibility of such damage.
YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRRRN WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRRRN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATION IN BRRRN FITNESS ACTIVITIES.
WITHOUT LIMITING THE FOREGOING, BRRRN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH YOUR PARTICIPATION IN BRRRN FITNESS ACTIVITIES IS LIMITED TO THE AMOUNT PAID TO BRRRN IN CONNECTION WITH YOUR PARTICIPATION IN BRRRN FITNESS ACTIVITIES IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
All information is provided by Brrrn on an “as is” basis only. Brrrn provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability, and non-infringement.
CHOICE OF LAW
The Website, and your use hereof, is governed by the laws of the State of New York, without regard to New York’s choice of law provisions. Any claim arising out of your use of this Website must be brought in New York.
Occasional changes may be made to this document as new services and content are added to the Website to reflect changes in Brrrn’s policies. The Terms and Conditions may be revised at any time by updating this posting. By using the Website, you agree to be bound by any such revisions. Users of the Website are encouraged to check this document periodically to stay informed of current privacy guidelines.
ACCEPTANCE OF TERMS
By using the Website, you signify your acceptance of the Terms and Conditions. If you do not agree to this, please refrain from using the Website. Your continued use of the Website following the posting of changes to these terms will indicate your acceptance of those changes.
Brrrn collects sales tax on taxable credits, memberships, and other products in New York State, and on credit cards registered in other states for services to be conducted at Brrrn in New York State. Taxes will be reflected during checkout based on the location and product.
RETURNED PAYMENT PENALTY
Members and Participants will automatically be charged any bank fee imposed on Brrrn, plus a processing fee of up to $25, for any returned payment due to closed accounts, insufficient funds, or other reason. If this occurs, Brrrn retains the right to collect the current and past due balances in any month after the returned payment.
BRRRN SHOP OVERVIEW
This website is operated by Brrrn Shop. Throughout the site, the terms “we”, “us” and “our” refer to Brrrn Shop. Brrrn Shop offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, 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 our website. By accessing or using any part of the site, 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. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our 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.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - 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 us your consent to allow any of your minor dependents to use this site.
You may not use our 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 the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve 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 us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site 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 site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
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 our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 that we make a change to or cancel an order, we may 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We 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 site 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).
We 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.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do 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.
We are 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.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are 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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site 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. We reserve 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).
We undertake 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.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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 our 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do 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 we 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 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.
In no case shall Brrrn Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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 procured using the service, 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 content (or product) posted, transmitted, or otherwise made available via the service, 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, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Brrrn Shop and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - 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 us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.
Terms & Conditions for FRIENDBUY (https://www.friendbuy.com/) Refer-a-Friend Program
ACME Refer-a-Friend Program Terms & Conditions
Qualified Referral. A Qualified Referral is defined as a purchase madeat www.ACME.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $25 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3 rd party fees.
Reward Payments. Rewards are payable in increments of $10. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
Eligibility. Eligibility is limited to individuals only. ACME’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in ACME’s sole discretion. (Corporations are not people, my friend!)
No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from ACME’s Refer-a-Friend program.
Right to Close Accounts. ACME reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the ACME Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
Right to Cancel Program or Change Terms. ACME reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.