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Brayola Fitting Technologies, Inc.

Brayola Fitting Technologies, Inc. (“Brayola”, or, “us”, “our”, “we”) provides a tool for you to discover and chose undergarment items (“Items”) provided by Brayola’s affiliates through the Brayola website located at brayola.com (the “Site”).

These Terms of Service (“Terms”) govern your access and use of the Site and all services available through the Site (“Services”). “You” or “Your” means an adult user of the Site, or as the parent or guardian of any minor whom you allow access the Site, and for whom you will be held strictly responsible.      Please read these Terms carefully. These Terms govern your access to and use of the Site. You must accept these Terms prior to using the Site. By using or visiting the Site (including all Content and Services available through the Site), you signify your assent to both these Terms and our Privacy Policy, which are available at brayola.com/privacy. Changes may be made to these Terms from time to time.  Your continued use of the Site will be deemed acceptance to amended or updated terms.  If you do not agree to any of these Terms, please do not use the Site.

By accepting the Terms, you also accept the privacy practices of the Privacy Policy. This means you grant us your consent to
- transmit your data to the service providers indicated in this Privacy Policy
- store your customer data for the purposes and durations explained
- use your Site usage data to create a personalized user experience
- use your picture in the manner described below should you choose to use the “Fit Or Not” feature.
Please be aware that you are free to withdraw your consent at any time with future effect. For further information, please refer to the Privacy Policy.

We reserve the right to change, alter, replace or otherwise modify these Terms at any time. We shall post a notice with respect to any substantial updates in these Terms. You are advised to review these Terms regularly for any changes. Your continued use of the Site will be deemed as acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site.

These Terms apply to the use of the Site and Services contained therein via any computer, cell phone or any other communication device.

In these Terms, anything that appears in a feminine form shall also mean the masculine form and vice versa.

Limited License

Brayola grants you a limited license to access and use the Site and Services subject to the terms and conditions of these Terms for your personal use only. This license does not allow you to make any commercial use or any derivative use of the Site or the Services, including any of its individual elements or Content (as defined below).

You acknowledge that Brayola may, in its sole discretion and at any time, discontinue providing any part of the Site or the Services without notice. Use of the Services and access to the Site is void where prohibited.

By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) that you understand that the services provided on the Site are not intended for children under the age of 18 and addressed solely to natural person who is at least 18 years old; and (d) your use of the Site or Services does not violate any applicable law or regulation or any obligation you may have to a third party. You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with Brayola, does not contain any prohibited materials under applicable law, and subject to our ultimate right, at any time, for any reason or for no reason, to instruct you to remove such link to the Site.

The Service and the Site

The Services provided through the Site includes the option to purchase Items by placing an order with respect to such Items ("Order"). The Order can be placed only after you will be identified as a user of the Site, by choosing one of the following means of identification: (1) using your account in the Site (that you used to register to the Site in the forms described below); or (2) make a one-time purchase as a guest without registration.

All Items and/or pricing and/or any Content regarding the Items and/or Services offered in the Site are subject to changes, at the sole discretion of Brayola. All Orders shall be subject to availability and confirmation of the final order price.

Brayola makes efforts to try and ensure that all Content (as defined below) in regard with any Item and/or Site and or Services is accurate. Nevertheless, inaccuracy or errors may occur. If such error occurred with respect to an Item which you have ordered, we will inform you as soon as possible and you will be able to choose whether to reconfirm your Order or cancel it. Brayola shall have the right (but not the obligation) to treat your Order as cancelled if we were not able to contact you for any reason. Brayola reserves the right to treat all Orders which based on inaccurate Content as Brayola deems appropriate.

After placing the Order, you will receive to your registered email address or the email address you provided us while placing the Order an order-confirmation e-mail regarding your Order. Note that this e-mail shall not constitute acceptance of your Order

Brayola reserves the right to accept or decline or cancel an Order at any time after an order has been made by you for any reason.

Account Registration and Other Features

In order to use certain Services that we offer through the Site, you will be required to register to the Site and to create an account (the "Account").

When you open an Account, you may be asked to supply certain information relevant to you, including, without limitation, your name, email address, date of birth, user name and password. You can also choose to create an Account by using your social media account (either Facebook or Google).

You may not provide false information during the registration process. You must provide truthful and accurate information while creating your Account.

When you complete the registration process, you create an Account and become a member. Your Account allows you to participate in certain Services, subject to the Terms and our Privacy Policy. Such Services may include features like (1) "My Bra Shop": where Brayola may recommend you with Items; (2) "My Profile": where you can access and control your data, including pervious Items purchased by you, the option to opt-out from getting newsletters or other massages and deactivate the Account; (3) "My Wishlist" and "Bad Bras": where you can add Items that you like or don't like; (4) "Fit or Not": as described below; and (5) any other features or Services at the sole discretion of Brayola. Note that some of these features may be available also to a guest user that did not register to the Site.

Brayola reserves the right to refuse to allow a user to open an Account for any reason, or to limit the number of Accounts a user can establish on the Site, all at Brayola’s sole discretion.

To create an Account, you must select a username and password. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices.

You should not reveal your password to other users. Brayola will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address.

Your Account is at risk if you let someone use it inappropriately and your Account is subject to termination if you or anyone using your Account violates Brayola Terms. If your Account is terminated, you may not join Brayola again without express permission.

You agree to immediately notify Brayola of any unauthorized use of your Account or password. You are fully and solely responsible for the security of your computer system and all activity on your Account, even if such activities were not committed by you.

Brayola will not be liable for any losses or damage arising from unauthorized use of your Account or password, and you agree to indemnify and hold Brayola harmless for any improper or illegal use of your Account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail that your Account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your Account. We do not police for and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

Fit or Not

Fit or Not is an optional feature which allows You to upload and publish a photo of yourself wearing the Item that you have purchased through the Site (the "Photo") and receive responses, opinions and comments from other users of the Site with respect to such Item compatibility with you (hereinafter "Fit or Not").

We are aware that uploading such Photo might be sensitive for You and therefore encourage You to read carefully this section.

By using Fit or Not feature You understand and agree that (1) by uploading and publishing the Photo in the Site You make the Photo available to us and to other users of the Site; (2) any use of such Photo by us shall be subject to these Terms and the Privacy Policy; (3) the only Photo you shall upload is a Photo of You wearing the Item and it shall not include your face (neither side nor frontal view) or any other identifiable feature; (4) any Photo, conversations, comments or other content you choose to share with us or the other users of the Site or to upload to the Site by using Fit or Not, shall be considered and deemed as Content (as defined below). Without derogating from anything in these Terms, Brayola shall have no responsibility for any Content (including Photos or comments) or for any use of such Content by any third party, including but not limited to, other users of the Site, in respect of the use of Fit or Not and disclaim all liability, regardless of the form of action, for the acts or omissions of other members or users (including unauthorized users), whether such acts or omissions occur during the use of the Service or otherwise.

Termination of Account

You agree that Brayola may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of Brayola.

If Brayola believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site Brayola will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site.

support@brayola.com or intl@brayola.com for International customers.

You may choose to opt out, terminate your Account and stop using the Site or Services for any reason and at any time through the Site by choosing the "Deactivate Account" option in your Account Profile or by sending an email to support@brayola.com or intl@brayola.com for International customers. Please note that we may still store information about you following such request, subject to the provisions of these Terms, and the Privacy Policy.

Any suspension, termination, or cancellation of the Account shall not affect your obligations to Brayola under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Content

Certain types of content may be made available through the Site or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the Site, including but not limited to information on any conversations, comments, Q&A, details or descriptions about Items or pictures available on the Site, any information or Photos You choose to share with us or upload to the Site, including by using Fit or Not (or any other feature available through the Site), whether provided by You, us or by any other member of user of the Site. Content on the Site may contain descriptions of Items or other products, including for commercial sale.

Brayola attempts to be as accurate as possible. HOWEVER, BRAYOLA DOES NOT WARRANT THAT ANY ITEM OR PRODUCT DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

Brayola reserves the right to correct any errors, inaccuracies or omissions and to change or update Item or Content information at any time without prior notice.

Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an Item displayed.

Brayola may choose at its sole discretion to monitor user-generated Content for inappropriate or illegal behavior, including through automatic means; Brayola reserves the right to treat user generated Content as content stored at the direction of users for which Brayola will not exercise editorial control except when violations are directly brought to Brayola’s attention.

Brayola has the right to edit, delete, distort or move user generated Content from the Site, or Services without notice for any reason at any time. Additionally, Brayola has the right to refuse to transmit, post or broadcast any user Content without notice for any reason at any time.

You are fully and solely responsible for any Content you submit or post to the Site, and represent and warrant that such Content complies with all applicable law and does not infringe third party intellectual property rights.

Brayola has no obligation to accept, display, review or maintain any Content. Moreover, Brayola reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason.

Any posted or submitted Content shall not be considered confidential and may be disseminated by Brayola without any compensation to you. Items and Content you use or available through your Account may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to Brayola’s Privacy Policy except to the extent that you make such personal information publicly available on or through the Site or the Services or in any Content.

BRAYOLA DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND BRAYOLA EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to, and you hereby agree to waive any legal or equitable rights or remedies you have or may have against Brayola with respect thereto.

It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available on the Site. Anyone receiving Content through the Services may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content.

Please carefully select the type of information that you post on the Site or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Intellectual Property

Brayola and its licensors own the Site, including all worldwide intellectual property rights in the Site, Content and Services, and the trademarks, service marks, and logos contained therein.

Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter download, post, broadcast, transmit or otherwise use the Site, Content or the Services.

All trademarks are trademarks or registered trademarks of their respective owners.

Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of Brayola or any third party.

By submitting or posting any Content, you grant Brayola and its successors a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Site or Services in any media formats and through any media channels, including without limitation, for commercially promoting the Site and Services, as well as any Items or other commercially available items on the Site.

In any case of termination of your Account, Brayola may, but is not obligated to, maintain your information and any Content that you make available, following the termination. If you wish that we will delete your information, please follow the provisions of the Privacy Policy in relation to your rights regarding personal information.

Content Linked to by Brayola

Portions of the Site may involve linking to or using web sites belonging to third parties. You acknowledge and agree that by performing some of the Services through the Site, Brayola employs the use of third party services for the purpose of facilitating payment, reviewing Items, shipping Items or the completion of purchasing Items and you may be taken to the site of a third party. The Site may also provide you with links to access the sites of third parties including without limitation vendors or retailers for the purpose of reviewing or purchasing Items.

Brayola strongly advise you to read the terms and conditions and privacy policies of any third-party site or services that you visit.

You acknowledge and agree that Brayola shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third parties content, goods or services available on or through any such third-party website or services and acknowledge that all use of third-party websites is at your own risk.

Additionally, Brayola cannot accept responsibility for any payments processed or submitted through such third-party sites, or for the privacy policies of any such sites. Brayola is not responsible for content or services available by means of such sites. Brayola does not endorse any products or services offered by third parties and we urge our users to exercise caution in using third-party sites.

Limitation of Use and Content Restrictions

Without limiting the foregoing, you agree that you will not use the Site in any manner or transmit any Content that: 1. Restricts or inhibits use of the Site; 2. Uses any account or password without prior permission; 3. Obtains or solicits another person’s password or other personal information under false pretenses; 4. Impersonates another user or otherwise misrepresents yourself in any manner, whether to another user, to us, or otherwise; 5. Violates the legal rights of others, including defaming, abuse, stalking or threatening users; 6. Infringes (or results in the infringement of) Brayola’s or any other third party’s intellectual property or other rights; 7. Is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; 8. Does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause Brayola to be in violation of any law or regulation, or to infringe any right of any third party; 9. Publishes falsehoods or misrepresentations that may damage Brayola or any third party; 10. Manipulates identifiers, forges headers or other data in order to disguise the origin of content transmitted through our sites or to manipulate your presence on our site; 11. Disrupts, interferes or harms our Site, servers or networks; 12. Imposes an unreasonably or disproportionately large load on our infrastructure; 13. Posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (a) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (b) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (c) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (d) any virus, worm, trojan horse, or other harmful or disruptive component or (e) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate; and 14. You may not use the Site to post, store, or transmit advertising, promotional material, or solicitations of goods or services, except in areas of the Site designated for the purpose. The software and technology underlying the Site is the property of Brayola, and you may not do or attempt to do any of the following: 1. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Content, Services or the Site (including without limitation, for the purpose of obtaining unauthorized access to our Site) without our prior written authorization, including framing or mirroring any part of the Site; 2. Circumvent, disable, or otherwise interfere with security-related features of the Services or the Site or features that prevent or restrict use or copying of any Content; 3. Use the Site, Content or Services in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; 4. Use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; 5. “Deep link” to the Site or any Content on it, unless such link was provided to you for that purpose by the Site; 6. Harvest, collect or mine information about other users of the Site; 7. Create a database by systematically downloading and storing all or any of the Content on the Site; 8. Violate the Terms or any other rule or agreement applicable to you or Brayola through the Site's inclusion in, reference to, or relationship with any third party or third-party site or service, or your use of any such third-party site or service; 9. Use or access another user’s account or password without permission; or 10. Use the Site or content thereon in any manner not permitted by these Terms.

Update, Availability, Errors and Inaccuracies

We may from time to time update, upgrade and make other modifications in order to add more features and to improve the performance of the Site or Services (the “Updates”). We may notify you from time to time with respect to major Updates. The Updates shall be subject to the terms and conditions of the Terms.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, unavailability or omissions at any time without prior notice.

Privacy

Our current privacy policy for the Site and Services is available at brayola.com/privacy (the “Privacy Policy"), which is incorporated by this reference. We strongly recommend that you review the Privacy Policy closely.

Returns/Damaged Items

If for any reason you are not satisfied with a purchase you have made, please act as follow:
For returns within the U.S only: please address to our Returns Center at: https://shop.brayola.com/pages/returns.
For International Returns: visit our international returns webpage at https://global.shop.brayola.com/pages/international-returns for further instructions or just contact us at intl@brayola.com or (+1) 614-384-4074.

Copyright

Under the Digital Millennium Copyright Act of 1998 (“DMCA”), it is our policy to respond to copyright owners who believe material appearing on the Site infringes their rights under United States copyright law.

Users may need to obtain authorization of the owner of these materials for use of any other purpose other than viewing on the web.  To obtain authorization, please contact the image owner as indicated on the source site, and not Brayola. Brayola is unable to give authorization to use copyrighted images. 

Brayola reserves the right to remove all Content if properly notified of any infringements, and may do so at our sole discretion, without prior notice to users or any third party at any time.

Brayola accepts no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the Services, or for the user’s use of such Content. 

If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to us. If you need to contact us for any other reason, please use our “Contact Us” section which is available at brayola.com/contactus or https://global.shop.brayola.com/pages/ask-us-a-question for International customers.

Disclaimers & Disclaimer of Warranty

Your use of the Site, Content and Services is at your sole discretion and risk. The Site, Content, Services and Items are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from Brayola. BRAYOLA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. BRAYOLA DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED,: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE, CONTENT AND SERVICES; OR (II) THAT THE SITE AND SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE AND SERVICES.

Brayola is not responsible for any incorrect or inaccurate Content (including Items) posted on the Site or in connection with the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services. Brayola takes no responsibility for third party advertisements which are posted on this Site or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.

No advice or information, whether oral or written, obtained by you from Brayola, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

Brayola assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content or Services.

Brayola is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on any of the Site or Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in the Site or in connection with the Services.

Under no circumstances shall Brayola, nor its directors, employees, partners, agents, suppliers, affiliates or vendors be responsible for any loss or damage, including without limitation, loss of profits, data, use, goodwill, personal injury or death, resulting from use of the Site or Services, from (i) your access to or use of or inability to access or use the Services; (ii) any Content posted on or through the Site or Services or obtained from the Site or Services; (iii) from the conduct of any Users (or other third party) of the Site or Services, whether online or offline; or (iv) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. IN NO EVENT SHALL BRAYOLA OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, VENDORS OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, CONTENT AND SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT BRAYOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL BRAYOLA'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100, OR THE ACTUAL AMOUNT PAID FOR ITMES WHICH ARE THE SUBJECT MATTER OF ANY CLAIM (IN CASE THE CLAIM IS RELATED TO SUCH ITEMS).

The Site, Services or Content may provide links to third-party websites or resources. You acknowledge and agree that Brayola is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You further acknowledge that Brayola does not endorse such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, you acknowledge and agree that such limitations and exclusions reflect a reasonable and fair allocation of risk between you and Brayola and are fundamental elements of the bargain between you and Brayola, and that Brayola liability will be limited to the maximum extent permitted by law.

   

Indemnification

You agree to indemnify, defend, and hold harmless Brayola and the respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction.

In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.

Any cause of action against Brayola must be brought within one (1) year of the date such cause of action arose.

In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect.

Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and Brayola or enables you to act on behalf of Brayola.

Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between Brayola, supersede any prior agreements between you and Brayola with regard to your use of the Site and any and all other agreements existing between us relating thereto are hereby canceled.

We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees or time for sessions is calculated); and (d) assign any and all of our rights under these Terms to any other entity or third party. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns.

We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion. Nothing contained in these terms shall be construed to limit the actions or remedies available to Brayola with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and Brayola reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

These Terms are for the benefit of Brayola (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf.

These Terms supersede any prior agreements between you and Brayola with regard to your use of the Site. We may assign our rights under these Terms to any third party.

Contact us

If you have any questions about these terms, please contact us at support@brayola.com or intl@brayola.com for International customers

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