ANY ACCESS TO AND USE OF BRINE.COM, INCLUDING ANY SERVICES, CONTENT OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE "SITE") IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME (THE "TERMS"). BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS. THE TERMS MAY CHANGE FROM TIME TO TIME IN BRINE’S SOLE DISCRETION AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.
1. SITE USE GENERALLY.
1.2 Links to Other Materials.
1.2.1 Some linked sites are not under the control of BRINE and BRINE is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party. BRINE reserves the right to terminate any link or linking program at any time. BRINE provides such links only as a convenience to you. BRINE has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.
1.2.2 BRINE may provide you information from third parties as part of this Site. Unless expressly stated, BRINE does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any information provided by third-parties. You agree that BRINE is not responsible for third party information accessible through this Site, including opinions, advice, statements, and advertisements, and that you use such information at your own risk.
1.3 Territory. BRINE operates this Site from its office within the United States. BRINE makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform to the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use the Site in violation of United States export laws and regulations.
1.4 Supplier/Product Information. Any information related to a supplier or product on the Site, which is not part of BRINE, does not represent any endorsement by BRINE of the quality of the supplier or product offered.
1.6 Password and Site Access.
1.6.1 You are solely responsible for the security of online access to this Site and your Account, and you must take precautions to protect the confidentiality of your password and other login information (collectively, your “Account”). You should not share your password or login information with any other person or entity. You are solely responsible for verifying the accuracy of all transactions placed in your Account and for ensuring that you receive a confirmation for all transactions placed for your Account.
1.6.2 Contact BRINE immediately if you suspect unauthorized use of your password or login information, or any other unauthorized activity on your Account. You must exit fully out of your account at the end of each session. You are and will be responsible for all activities conducted on and with the Site that make use of your password and/or login information, and for any charges or fees incurred by the use of that password and/or login information, including any use you may subsequently contend was not authorized by you. BRINE may justifiably assume that any orders or instructions received through any electronic systems and placed under your Account or password were placed or authorized by you.
2. SITE MATERIALS, SERVICES AND SOFTWARE.
2.1 Through this Site, BRINE may make available to you: (a) certain audio and visual articles, text, information, data, images, illustrations, photographs, video, documents and other materials contained or displayed in or made available through the Site (collectively, “Materials”); and (b) various services and functionality (collectively, “Services”).
2.3 The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of BRINE, its affiliates, or its business partners. You shall not: (a) remove or destroy any proprietary rights marks or legends on or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit, transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the Site; (e) reproduce or make copies of the Site; (f) “frame” or “mirror” the Site on any other server or Internet-based device; and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose; (h) download or copy Account information for the benefit of another merchant; (i) use any data mining, robots, or similar data gathering and extraction tools; or (j) use any meta tags or any other "hidden text" utilizing BRINE’s name or trademarks without our express written consent. You acknowledge that certain elements of the Site are, or may in the future be, licensed to BRINE by third parties and that the availability of such elements may cease automatically, without notice or liability on the part of BRINE.
2.3 The following is a partial list of the trademarks that we or our affiliates own:
Failure of a mark to appear on this page does not mean that we do not use or own that mark. Our trademark cannot be used without an express, written license agreement. Our trademark and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BRINE. All other trademarks not owned by BRINE that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BRINE.
2.4 BRINE and/or its licensors own and shall retain all rights, title and interests, including all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
3. COPYRIGHT VIOLATIONS
3.1 Notification of Alleged Copyright Infringement. If you believe that your own copyrighted work is accessible on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material.
- Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide us with reasonably sufficient information to locate the alleged infringing material.
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.
- Your name, mailing address, telephone number and email address.
Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
32125 Hollingsworth Ave.
Warren, MI 48092
Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, we will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.
3.2 Counter Notification. If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent.
- Your name, address and telephone number.
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- Your physical or electronic signature.
Submit your Notification of Alleged Copyright Infringement to our Designated Agent by fax, mail, or E-Mail as set forth below:
32125 Hollingsworth Ave.
Warren, MI 48092
Within a reasonable time after receiving a valid Counter Notification that complies with these requirements, we will restore the Content removed, unless our Designated Agent is informed by the originator of the Notification of Alleged Copyright Infringement that such party has instituted an action in court against you concerning the allegedly infringing Material.
3.3 Repeat Infringers. In compliance with the DMCA, it is BRINE’S policy to terminate users who BRINE deems to be repeat infringers of the copyrights of others. BRINE also reserves the right, in its sole discretion, to limit or terminate the rights or membership of users who violate these Terms, through infringement of the intellectual property rights of others, or otherwise.
4. DISCLAIMER OF WARRANTIES.
4.1 General. BRINE MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. BRINE UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE. BRINE ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
4.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. BRINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR TRADE USAGE.
4.3 Assumption of Risk. BY USING THIS SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE BRINE, AND ITS THIRD PARTY INFORMATION AND SERVICE PROVIDERS, FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS.
5. LIMITATION OF LIABILITY AND REMEDIES.
5.1 Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRINE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF BRINE KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
5.2 Indemnification. You agree to defend, indemnify and hold BRINE harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which BRINE may hereafter incur, become responsible for or pay out arising out of your use of the Site, BRINE’S display, publication, distribution or any other use of the Content you submit, or your breach of any term or provision of these Terms.
6. PRODUCT INFORMATION, PRICING AND ORDERS.
6.1 All prices are listed in U.S. Dollars. The prices and availability of products are subject to change without notice. If BRINE discovers an error in either pricing or availability it will seek to correct it. BRINE reserves the right to revoke any offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
6.2 In compliance with California law (SB 657), BRINE: (a) undertakes to verify its product supply chains to evaluate and address risks of human trafficking and slave labor; (b) conducts various types of independent audits, both announced and unannounced, of its suppliers to evaluate supplier compliance with BRINE standards for trafficking and slavery in supply chains. Such audits conducted under this program are performed by BRINE and third-parties; (c) requires certification by its direct suppliers that materials used to make its products are from suppliers that comply with laws regarding slavery and human trafficking in the country or countries in which they are doing business; (d) maintains internal accountability standards and procedures; and (e) provide company employees and management, who have direct responsibility for supply chain management, training on human trafficking and slavery, particularly with respect to mitigation risks within the supply chain of products.
6.3 By ordering an item on the Site, you are agreeing to purchase the products selected. All purchases shall be governed by the Terms of Sale.
7. AMATEUR ATHLETE STATUS. You are responsible for ensuring that your use of or participation in the activities of this Site do not affect your eligibility as an amateur athlete. Please check with your amateur athletic association for the rules that apply to you. BRINE IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF THIS SITE RESULTING IN YOUR INELIGIBILITY AS AN AMATEUR ATHLETE.
9. GENERAL TERMS.
9.1 Modification. BRINE reserves the right at any time and in BRINE’S sole discretion to change the terms, conditions, and notices under which the Site is offered. BRINE may revise the Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of the Terms may be superseded by expressly designated legal notices given to you or terms located on particular pages at the Site. BRINE also reserves the right at any time and in our sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that BRINE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
9.2 Jurisdiction. The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. BRINE and you agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts whose jurisdiction includes Oakland or Macomb Counties, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
9.3 Equitable Relief. You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause BRINE irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, BRINE shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
9.4 Entire Agreement. The Terms embody the entire agreement and understanding between BRINE and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
Effective Date: January 1, 2013