This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.
Terms of Sale
Availability and Pricing.
All products offered for sale are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. Prices for products are subject to change at any time, but changes will not affect any order for products you have already placed. Purchases are also subject to any price matching policy and sale items policy we may establish in connection with any promotions.
Only valid payment methods acceptable to us may be used to complete a purchase on our Site. We accept certain debit and credit cards as well as other forms of electronic transfers as acceptable payment methods on our Site (each, an “Accepted Payment Method”), subject to the procedures and rules contained in these Terms and any applicable contract with the provider of the Accepted Payment Method. Accepted Payment Methods may vary by country or for certain products on our Site, and may change from time to time. You represent and warrant that you are authorized to use your Accepted Payment Method. You authorize us to charge your Accepted Payment Method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes (described below) and other applicable charges associated with the products that are included in the shipment.
If you elect to store information regarding your Accepted Payment Method in your account, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your payment, and to use your account information to provide you with notices and disclosures relating to your purchases.
Paying our Payment Processor.
When you purchase a product on our Site, you are granting us the irrevocable right and permission with respect to such purchase to provide your personal data and payment information to any third-party payment processor we contract with (such as Stripe and/or one of its financial service providers) on your behalf, and to grant such firm(s) (and/or one of their respective financial service providers) the rights to collect, use, retain, and disclose such data and information. In addition, you authorize us to (i) obtain and verify your identity as necessary to complete financial transactions, and (ii) determine your eligibility and authority to complete such purchase.
Please note that your obligation for payment to, and relationship with, such payment processor is a contractual matter between you and such third-party; Brunt is not a party to, or responsible on account of, such contract. While we select our payment processors carefully and enter into detailed agreements imposing performance obligations (including confidentiality) on them, we cannot and do not guarantee their performance. We encourage you to provide any feedback regarding any payment processor with which you do business to us, as we value and use your input in determining whether to continue or end such relationships. If you have any concerns or problems with a payment processor, please contact us at email@example.com as promptly as you can.
You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of products or services through our Site. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes,
Sales Tax-Exempt Customers.
Customers who are exempt from state sales tax must preregister with us to make tax-exempt purchases. To qualify, send a valid tax-exempt certificate for the state(s) where the merchandise will be shipped to firstname.lastname@example.org. After registering, we will send you Brunt Workwear tax-exempt customer ID card for future purchases our Site.
Shipping; Risk of Loss.
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing on the Site, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
Returns + Exchanges.
Please see our Returns + Exchanges Policy for information about returning products purchased at our Site.
Changes to Your Order.
Once you submit your order, it cannot be changed or canceled. We process orders very quickly, and once an order begins the fulfillment process we are unable to modify it. (Backorders that have not yet entered the fulfillment process may be canceled by visiting your order history before they are moved into the fulfillment process.) We apologize for any inconvenience, and we hope that in the majority of cases our faster processing times work to your advantage. If you have questions about your order, contact email@example.com.
Although we try our best, from time to time we may make an error in a product description or other information. In the event of an error, we reserve the right to correct the error and revise your order accordingly (which includes charging the correct price) or to cancel the order and refund any amount charged.
Warranties / Remedies for Third-Party Products.
We may from time to time offer for sale on our Site products that are manufactured by other companies. The manufacturer may offer its own warranty for such product, but unless otherwise stated on the product page, Brunt does not offer a warranty on those products. That means they are sold by Brunt “as is” and “with all faults.” If the manufacturer offers a limited warranty for the product, it can usually be found on the manufacturer’s website or with the product packaging. For any product sold via the Site other than a Brunt Product, you agree that your remedy is solely with the product manufacturer and not Brunt.
Costs of Collection; Credit Card Chargebacks.
You agree to pay any costs we incur to collect any unpaid or past due amounts, including reasonable attorneys' fees and other associated costs. Delinquent payments will bear interest at the rate of 1% per month or the highest rate permitted under applicable law, whichever is less, from the payment due date until paid in full.
Promotional Cards and Promotional Codes.
Automatic Renewal Terms
Some of our products are available for automatic re-order (“Subscription”) which may consist of an initial period for which there is a one-time charge, followed by recurring period charges as agreed by you.
By ordering a Subscription, you agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you terminate your Subscription in accordance with these terms.
Subscriptions may not be cancelled or modified after an upcoming shipment has been processed.
Subscription cancellations and modifications will be applied to the next date for which a customer’s order has not already been processed.
IF YOU WISH TO CANCEL OR MODIFY AUTOMATIC RENEWAL, OR OTHERWISE MODIFY YOUR SUBSCRIPTION, YOU CAN DO SO BY EMAILING US AT CREW@BRUNTWORKWEAR.COM, CALLING US AT 1 (888) 719 - 6687 DURING NORMAL BUSINESS HOURS.
BRUNT will use reasonable efforts to place your Subscription orders at the interval you specify when placing your order. Based on shipping carrier selections and delays, and other factors beyond BRUNT’s control, actual delivery intervals for Subscription orders may vary by several days.
Pricing and Billing
Please note that if your Subscription includes a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full price.
As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with these terms, you hereby authorize, agree and assent to BRUNT automatically billing your credit card submitted as part of the order process for such amounts that are due. Your non-termination of a Subscription reaffirms that we are authorized to charge your Accepted Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to sign up for the Subscription. As part of this recurring Subscription, you will be charged the price listed on BRUNT’s website, for each Subscription product in your order, at the time each order is placed.
Accessing the Site and Account Security
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Site.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that if you log in to any account while on the Site you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Site 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) 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.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this Site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
If you wish to make any use of material on the Site other than that set out in this section, please address your request to: firstname.lastname@example.org.
The Company name, BRUNT, THE TOOLS YOU WEAR, and www.bruntworkwear.com, 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. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners. Our use of other brand names and trademarks does not mean that those companies endorse Brunt or that we endorse their product or service, and no assumption of any endorsement should be taken from our use of other company services, such as Stripe as a payment processor.
If you believe that any content or other material found on the Site violates your copyright rights, please see our Copyright Policy for instructions on sending us a notice of copyright infringement.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the content standards contained in these Terms (the “Content Standards”).
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or usernames associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site, or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, product reviews, testimonials, Instagram photos, and other interactive features (collectively, "Interactive Services") that allow you and other 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 Site.
All User Contributions must comply with the Content Standards.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and our and their respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and our and their respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full 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 Site.
Monitoring and Enforcement; Termination
We have 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, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSORS, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Site, 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 you or anyone else for performance or nonperformance of the activities described in this section, and you accept the risk that you may be exposed to objectionable material by accessing or using our Site. If you feel there is any objectionable material on the Site, you may inform us of such fact by email to email@example.com, but we are under no obligation to respond to your message or remove material about which you are complaining.
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 that 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 other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy 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.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Site
We may update the content on this Site from time to time and, while we will endeavor to only have complete and accurate content on the Site, you are advised that certain content may not always be complete or accurate. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Site
Linking to the Site 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.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site 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 solely with respect to the content they are displayed with, and otherwise in 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 Site or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
- Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. 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 Site
If the Site contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites 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 Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Site is based in the Commonwealth of Massachusetts in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, OWNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE “BRUNT PARTIES”) BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE TOTAL LIABILITY OF THE BRUNT PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO ANY PRODUCT PURCHASED VIA OUR SITE WILL NOT EXCEED THE GREATER OF $100 OR THE PURCHASE PRICE OF THAT PRODUCT.
THE FOREGOING DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Unless you are subject to the Arbitration Agreement set out below, and subject to any applicable laws, if a claim arises between you and the Company where the total value of such claim is less than US$10,000, the party initiating the claim may elect to have the dispute resolved pursuant to a binding arbitration process that does not require attendance in person. This “Alternative Dispute Resolution Process” shall be initiated by either party sending notice to the other, in which event you and the Company agree to use our reasonable efforts to agree within thirty (30) days upon an individual or service to manage the Alternative Dispute Resolution Process (the “Arbitration Manager”) according to the following requirements: (i) neither party shall be required to attend any proceeding in person, (ii) the proceeding will be conducted via written submissions, telephone or online communications or as otherwise agreed upon, (iii) the fees for the Arbitration Manager will be borne equally by the parties or be submitted to the Arbitration Manager to determine as part of the dispute and (iv) the judgment rendered by the Arbitration Manager may be entered in any court of competent jurisdiction for enforcement.
If you are a resident of the European Union (EU), please note that we offer this Alternative Dispute Resolution Process, but we cannot offer you the European Commission Dispute Platform as we do not have an establishment in the EU.
If you reside in the United States or are otherwise subject to the US Federal Arbitration Act, you and the Company agree that any and all disputes or claims that have arisen or may arise between us - except any dispute relating to the enforcement or validity of your, our or either of our licensors’ intellectual property rights - shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Our arbitration proceedings would be conducted by the American Arbitration Association ("AAA") under its rules and procedures applicable at that time, including the AAA's Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the AAA's website. The arbitration shall be held in Suffolk County, Massachusetts or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator's discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Massachusetts, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different the Company users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
YOU AND WE AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF THE SITE.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms will continue to apply.
Claims Are Time-Barred
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Site or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
Special Notice For California Users
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us via email at firstname.lastname@example.org or at:
Maverick Work Wear, Inc.
668 Main Street, Suite 8, Box 131
Wilmington, Massachusetts 01887, USA.
Attention: Legal Notice
Waiver and Severability
Your Comments and Concerns
This Site is operated by Maverick Work Wear, Inc. You may send any feedback, comments, requests for technical support, and other communications relating to the Site to: email@example.com.
BRUNT BOX OFFICIAL RULES
Sponsored by Maverick Work Wear, Inc. ("Sponsor" or “Brunt”)
Effective Date: October 9, 2022
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND UPON THE NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. THESE OFFICIAL RULES ARE A CONTRACT, SO READ THIS CAREFULLY BEFORE PARTICIPATING. THE SWEEPSTAKES COMMENCES ON OCTOBER 9, 2022 AT 10:00 AM EASTERN TIME AND THE ENTRY DEADLINE IS 11:59 PM EASTERN TIME ON October 10th, 2022 (THE “ENTRY PERIOD”).
1. Eligibility: The Brunt Box giveaway is open to legal residents of the continental United States, excluding Alaska, Hawaii, and US Possessions (the “Territory”), age 18 or older, who satisfy the conditions provided below. Each individual participating in the Sweepstakes (a “Participant”) shall be deemed to accept, and unconditionally agree to be legally bound by, these Official Rules.
2. To Enter: Each Participant may enter the Sweepstakes in one of the following ways: (a) Purchase of any product ; or (b) by sending an email to firstname.lastname@example.org. Please be sure to include “BRUNT BOX Sweepstakes” in the subject line. All email entries must be received by Brunt during the Entry Period. No mechanically reproduced entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. [IS THIS RELEVANT?: By entering this Sweepstakes, you are automatically subscribed to Brunt’s email list and will receive emails on new products, offers and more. You may unsubscribe from the list at any time by clicking on the “Unsubscribe” button at the bottom of such emails]. There is no limit on the number of entries per entrant during the Entry Period. To be eligible, all submissions must be received by Brunt during the Entry Period. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the person in whose name the email account is currently registered (requiring confirmation by the email service provider). Neither Brunt nor any of its officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for: (i) phone numbers or email addresses that are determined to be invalid during the Entry Period; (ii) phone numbers or email addresses that are corrupted, delayed, deleted, destroyed, forged, fraudulent, garbled, inaccurate, incomplete, interrupted, irregular in any way, late, lost, mechanically created or duplicated, misdirected, duplicate, stolen, tampered with, unauthorized, undelivered, unintelligible or otherwise not in compliance with these Rules; (iii) lost, interrupted or unavailable network, server or other connections; (iv) miscommunications; (v) failed computer hardware or software or telephone or other message transmissions; (vi) technical failures; (vii) unauthorized human intervention; (viii) traffic congestion; (ix) garbled or jumbled transmissions; (x) undeliverable emails or other messages resulting from any form of active or passive email or other filtering; (xi) insufficient space in an email account to receive email; (xiii) blocks of any kind preventing receipt of email or other messages; or (xii) other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if any of the foregoing is caused by the negligence of any of the Releasees. Sponsor shall not be responsible for any defects, disruptions, or failure in the automated process to validate a phone number or email address, or assume any obligation to correct or take independent actions to circumvent or remediate the same.
4866-1708-1399, v. 1
3. Prizes: Each Participant has the opportunity to win the following prize package (the “Prize”): BRUNT Box
4. Prize Drawing: All Sweepstakes entries meeting the requirements of these Rules will be entered into the prize
drawing, to be held on October 10th, Five (5) Winners will be selected at random from among all eligible entries received. The drawing will be conducted by judges whose method for selecting the winner and final decision shall be final and
5. Notification of Prizes; Disqualification; Delivery of Prizes: The Participants that wins the Prizes will be notified by [email] promptly after the Sweepstakes is concluded, and their eligibility confirmed (by means determined by
Sponsor, in its sole discretion). At Sponsor’s sole discretion, disqualification and the forfeiture of the Prize may result from any of the following: (i) inability of Sponsor to confirm to its satisfaction a potential winner’s eligibility under these Rules; (ii) any automated undeliverable response to Sponsor from the submitted [phone number or email address]; (iii) potential winner’s failure to provide Sponsor with satisfactory proof of age, identity, eligibility, residency upon request, or a physical address to which the Prize(s) may be delivered; and (iv) any other non-compliance with the Rules. In the event of a Prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited
Prize to an alternate winner.
7. General Conditions: By entering, each Participant agrees to be bound by these Rules, and agrees that they will accept the Sponsor’s decisions, which shall be final in all respects. Each Participant is solely responsible for all federal, state, provincial and local tax reporting and payments that apply to Prizes, and all costs and expenses for collecting their Prize. No cash or other substitution for the Prize is permitted. Sponsor will not provide any alternative to the Prize if the winner is unable to receive or use the Prize. Each Participant also agrees that: (i) the Releasees do not make any representation, warranty or guarantee, express or implied, relating to the Sweepstakes or the Prize;
(ii) the Participant releases, indemnifies and holds harmless the Sponsor, its affiliates, [Instagram, ANY OTHER SOCIAL MEDIA USED TO PROMOTE?] and their respective parents, affiliates, subsidiaries, directors, officers, employees, sponsors, and agents, including advertising and promotion agencies, and individual related and unrelated bloggers and other social commentators, from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from Participant’s activities in or relating to the Sweepstakes, or the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the Prize; (iii) participation in the Sweepstakes or any Sweepstakes-related activity or travel, or from any interaction with, or downloading of, electronic Sweepstakes information may subject Participant and its property to computer viruses, bugs, malware or other incidents of exchanging data over the Internet, all of which is at Participant’s sole risk, and Brunt shall not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; technical or mechanical malfunctions; errors in these terms, in any Sweepstakes-related materials; human-processing error; failures of electronic equipment, computer hardware or software; damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise; (iv) Supplier shall not be responsible for acts of God or nature, war, acts of terrorism, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, actions or omissions of any transportation provider, lodging, food service provider, changes in applicable law or any other act or order of government, epidemics, quarantine restrictions, travel embargoes or delays or failures of suppliers that are not readily replaceable, or other matters beyond the Sponsor’s control; and (v) upon any event that corrupts, prevents or impairs the administration, security, fairness or proper operation of the Sweepstakes, including, without limitation, any typographical or other errors in any materials associated with the Sweepstakes, so that it cannot be conducted as originally planned, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, extend the Entry Period, terminate or suspend the
4866-1708-1399, v. 1
Sweepstakes and, in such event, to select one or more winners by such method as Sponsor in its sole discretion considers equitable. If the Sponsor modifies these Rules, it will post an update with a new Effective Date on this Site. Sponsor reserves the right to disqualify any winner, as determined by Sponsor in its sole discretion. All disputes, claims and causes of action at law or in equity (individually, a “Claim”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or any Prize awarded shall be resolved by applying the laws of the Commonwealth of Massachusetts, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within Massachusetts. Any Claim shall be resolved individually, without resort to any form of class action; and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event shall include attorneys’ fees, and under no circumstances will any Participant be permitted to obtain awards for, and he/she hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses, and all rights to have damages multiplied or otherwise increased. [DETERMINE IF RELEVANT FOR ANY PRIZE: Each Participant acknowledges and agrees that Sponsor maintains no control over any personnel, equipment or operation of any manufacturer or other person or entity furnishing services or products, including the Prize, (“Suppliers”) provided in connection with the Sweepstakes; and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused by or contributed to: (i) the wrongful, negligent or unauthorized act or omission on the part of any Suppliers or any of their agents, servants, employees or independent contractors, (ii) any defect in or failure of any equipment, instrumentality, service or product that is owned, operated, or furnished as a Prize, or otherwise used by any of those Suppliers, (iii) the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Releasees, and (iv) any cause, condition or event whatsoever beyond the control of the Releasees]. The invalidity or unenforceability of any provision of these Rules or any required documents pursuant to these Rules (e.g., Affidavit of Eligibility/Liability/Publicity Release, etc.) will not affect the validity or enforceability of any other provision. If any provision of the Rules or any required document is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that provision. For Participants, to the extent there is a conflict between these Rules and any of Sponsor’s rules or terms posted on its website, including its Terms of Service, these Rules control. By entering the Sweepstakes, each Participant hereby represents and warrants that they have read these Rules and are fully familiar with its contents, and agrees to be legally bound hereby. UNDER NO CIRCUMSTANCES WILL BRUNT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE CONTEST. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Publicity Release: Each Participant acknowledges and agrees that participating in the Sweepstakes may result in such Participant’s activity being posted on the Brunt web site, and other locations and media determined by Brunt, in its sole discretion. Sponsor may provide the name of the winner to those who request a winners list. Except where prohibited by law, the winner of the Prize consents to, and hereby grants Sponsor and its respective assigns, the unconditional right to use his/her/their name, city and state address, photo and/or likeness, voice, biographical information, the number of referral points obtained, and Prize information, any published pictures and posts on social media, and statements about the Sweepstakes and/or live and taped interviews or performances, and all materials created by or on behalf of Sponsor that incorporate any of the foregoing, for advertising, public relations, publicity, packaging and any programming, marketing or promotional purposes, in any form of media, without compensation, attribution or other permission. No Participant shall be deemed to have any interest in confidentiality or other rights or interests in email addresses obtained by Sponsor during the Sweepstakes, or afterwards.
9. Winners List, Rules: In order to learn the Prize winner or receive a copy of these Rules, send your request and a stamped, self-addressed envelope to Brunt Box Sweepstakes, Maverick Work Wear, Inc.,486-1708-1399, v. 1
ADDRESS: 58 Concord Street, North Reading, Massachusetts 01864, or send an email message to email@example.com with “Brunt Box Sweepstakes Winner List” as the email subject and in the body of the email specify whether you are requesting the Rules or the winner list.
10. Brands and Trademarks: References to third party products and services in these Rules should not be construed as suggesting any sponsorship or endorsement of Brunt or this Sweepstakes by such third parties, or any
affiliation or association with such third parties. and all trade and service marks of such third parties are owned or otherwise controlled by such third parties.
11. Sponsor’s Address: Maverick Work Wear, Inc., 58 Concord Street, North Reading, Massachusetts 01864
Copyright 2022 Maverick Work Wear, Inc.
Last Modified: October 7, 2022