Terms and Conditions
PLEASE REVIEW OUR TERMS AND CONDITIONS BEFORE USING OR BROWSING OUR SITE.
If you do not agree with any of the Terms, please do not use this Web Site or any of our related company Web Sites. Brookline Industries reserves the right, in its sole discretion without the viewers consent, to modify these Terms and Conditions without further notice and at any time. Your continued use of any Brookline Web Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, these Web Sites.
"Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Copyright and Trademarks
You are prohibited from violating, or attempting to violate, the security of this site. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the site include without limitation:
• logging into or attempting to log into a server or account that you are not authorized to access;
• accessing data or taking any action to obtain data, information or services not intended for you or your use;
• attempting to probe, scan or test the vulnerability of any system or network;
• tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
• transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the site.
Other Prohibited Activity.
As a user of the http://brooklineind.com, site, the http://brooklineindustries.com site or the http://brooklinemfg.com site you agree to the following terms, you will not:
• Transmit any message, information, data, text, images, or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy or publicity;
• Post or transmit any content that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
• Use the site's communication features in a manner that adversely affects the availability of its resources to other users
• Engage in deceptive online marketing;
• Violate any applicable local, state, national or international law;
• Upload or transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Wrongfully delete or revise any content posted by any other person or entity.
You must exercise caution, good sense and sound judgment in using the site. You are responsible for any material you place on or transmit to or through the site. You agree, represent and warrant that any information you post to or transmit through the site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
By using this Site and/or transmitting any Content, you agree to indemnify Brookline Industries, its officers, directors, parents, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
The materials in this site and any products promoted, and sold by Brookline are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Brookline Industries disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Brookline does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Brookline does not make any representations or warranties regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Neither Brookline Industries, nor its officers, directors, parents, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site. The materials provided in this Site are for informational and promotional purposes only. Users may not rely on any information for any other purpose.
Limitations on Liability
In no event, including without limitation negligence, shall Brookline Industries or its affiliates be liable for any damages, claims, or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused, and under any theory of liability arising in connection with:
• The use or misuse of any Brookline Industries Web Sites;
• The purchase or use of any products through the Brookline Industries web site, including but not limited to the safety or function of any product;
• Technical errors, system down time, network or server outages, file corruption, data loss or service interruptions.
Brookline will not be liable in any amount for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation internet outages, communications outages, strikes, trade embargo, fire, flood, act of war or act of terrorism. Certain jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. in such jurisdictions, liability is limited to the fullest extent permitted by law.
Brookline may, at any time, terminate or suspend your access to all or part of the any or all the Brookline Industries Web Sites for any breach of this agreement.
Changes to the Site
Brookline at any time may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any portion of any Brookline Industries Web Sites and/or any Brookline products or other offerings available through any Brookline Web Site.
Links to this website
You may not create a link to any page of this website without Brookline's prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing.
These terms and conditions form part of the Agreement between the Client and Brookline Industries. Your accessing of this website and/or undertaking of Using this site indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.
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