Updated October 17, 2019

Terms & Conditions

Welcome to www.brandito.net. Brandito, LLC, a Virginia limited liability company, owner and operator of this website (“We,” “Us,” or “Brandito”) grants you access and use of this website and our services (the “Services”) to obtain promotional marketing materials and corporate apparel (the “Products”), including, all content and information contained thereon, (collectively, our “Site”), subject to these terms and conditions of use (these “Terms of Use”). Please read carefully.

  1. Access of the Website and Use of the Services. Your access of our Site, our Store Site (defined below), and use of the Services and the Products constitutes your agreement to be bound by these Terms of Use. If you are unable or unwilling to abide by these Terms of Use, please immediately discontinue access of our Site, our Store Site, and use of the Services. We may revoke your access to our Site, our Store Site, and use of the Services at any time for any or no reason, including, without limitation, your violation of these Terms of Use. We may also change, suspend, or discontinue our Site, our Store Site, the Services, and the Products at any time.
  2. Registration. We do not require registration to access certain sections of our Site and our Store Site. However, you may create a user account on our store site located at branditostore.net (our “Store Site”). Where applicable, you may register, create, and maintain an account on your own behalf or as an authorized representative of your company or group (each a “Registered User,” collectively, “Registered Users”) to use our Services and purchase the Products. All other parties may not do so.  By creating an account, you represent and warrant that you have legal authority to enter into these Terms of Use on behalf  of your company or group in addition to yourself. If and when you register with our Store Site, you agree to provide accurate and complete registration information. You also must  promptly notify Us of any changes thereto. We do not, and you should not, allow any other person or group of people to access registered sections under your Registered User name. Do not share your password with another party. You must promptly notify Us of any suspected, unauthorized use.
  3. Intellectual Property. Copyright, trademark, and other proprietary rights and laws protect our Site, our Store Site, and their respective intellectual property. No part of our materials or customer materials on our Site and our Store Site (collectively, the “Content”), including, but not limited to, graphics, photographs, logos, or text, may be copied, photocopied, reproduced, translated, or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission from the respective rights holder. Except as expressly provided, nothing contained in these Terms of Use shall be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark, or other intellectual property rights.
  4. Registered Users.  Certain features of our Site, our Store Site, and the Services allow Registered Users, and anyone view email to our sales or support email address, to submit images, text, and other content for use on the Products (collectively, the “Submitted Content”). Each Registered User, and anyone submitting content via email or otherwise to our team members, shall not submit any Submitted Content to our Site that (i) violates international, federal, state, and local laws, rules, and regulations or (ii) infringes the rights of any third party, including, without limitation, intellectual property, moral rights, publicity rights, and privacy rights. By submitting Submitted Content, you represent and warrant you have obtained all consents and approvals necessary for the creation, display, and distribution of all Products containing the Submitted Content. Each Registered User, and the company or group for which he, she, or it, is an authorized representative and has created the account for the benefit of, shall defend, indemnify, and hold harmless Us, our members, managers, officers, employees, contractors, agents, licensees, successors, and assigns from and against any action, claim, judgment, losses, damages, costs, liabilities and expenses (including, without limitation,  reasonable attorney’s fees and court costs), and other losses which may be imposed due to Registered User’s breach of these Terms of Use. We may immediately terminate the Services and destroy Products in our possession without refunding any monies paid if Submitted Content on such Products violates these Terms of Use.
  5. License to Use Submitted Content. Registered User grants Us, and our service providers, affiliates, licensees, and assigns, an irrevocable, assignable, sublicensable, perpetual, nonexclusive, worldwide right to publish, publicly display, copy, electronically transmit and distribute copies of the Submitted Content and the Products in any medium now known or hereafter created solely in connection with the promotion and advertisement of the Site, our Store Site, the Services, and the Products.
  6. Consent to receive email. If you register as a Registered User, you consent to receive notices with respect to your order in addition to periodic newsletters, and other types of email communications from Us, including, without limitation, new product offers and customer service issues. You may choose to opt-out of certain newsletter and announcement email correspondence. Our Privacy Policy governs our use of your personally identifiable information obtained via this Site and our Store Site privacy policy governs the use of your personally identifiable information obtained thereon.
  7. Prohibited Uses. You are solely responsible for all of your activity in connection with the Services, the Products, and accessing our Site, our Store Site, and both. Any fraudulent, abusive, illegal, or otherwise inappropriate activities are grounds for termination of your right to Services, the Products, and to access our Site, our Store Site, and both. Without limitation to other prohibited uses specified herein, you are prohibited from using our Site, our Store Site, and the Services for the following purposes:
    1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of the Services, our Site, our Store Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
    3. interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to our Site, our Store Site, or Services, overloading, “flooding,” “spamming,” “mail bombing,” “DDOSing,” or “crashing;”
    4. Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to human-perceivable form any of the source code used by Us in providing our Site, our Store Site, or Services. Any violation of system or network security may subject you to significant civil and criminal liability;
    5. scraping, crawling, or using any other automated device or manual process to harvest data from our Site or our Store Site; and using information obtained from our Site or our Store Site to solicit our customer in addition to other users or contributors to our Site.
  8. Third Party Content and Links. Our Site may contain links to third party websites and service providers (e.g., Instagram, Facebook, Twitter, LinkedIn, MailChimp, YouTube, etc.), which have separate and independent content, terms of use, and privacy policies. Third party websites and providers are not under our control.  We are not responsible for and assume no liability for any statements, representations, or any other form of information contained in third party content appearing on or made available through our Site, the Services, or both.  Inclusion of a third party content on our Site is not an endorsement thereof.  We will not be liable, under any circumstances, for the illegality, inaccuracy, or error in any and all third party content and your use of third party websites. Access these sites and providers at your own risk. Further, our Site contains a link to our Store Site (branditostore.net). This Store Site is subject to these Terms of Use, but maintains a separate privacy policy.
  9. Privacy. Use of our Site and the Services is subject to Our privacy policy
  10. Indemnification. You, and the company or group for which you are an authorized representative, agree to indemnify, defend, and hold harmless Us, our members, managers, officers, employees, contractors, licensees, successors, and assigns for any and all actions, claims, judgements, losses, damages, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees and court costs) related to or arising from any or all of the following (a) your use or inability to use our Site, our Store Site, the Services, or the Products,  (b) your violation of these Terms of Use, our Privacy Policy, or our Store Site privacy policy, and (d) your violation of applicable international, federal, state, and local laws, rules and regulations. We may assume exclusive defense of any such matters otherwise subject to indemnification by you, in which event you shall fully cooperate with Us, including, without limitation, promptly making all monetary payments required hereunder.
  11. DISCLAIMER. OUR SITE, OUR STORE SITE, THE SERVICES, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO OUR SITE, OUR STORE SITE, THE SERVICES, AND THE PRODUCTS. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIAL, OUR SITE, OUR STORE SITE, THE SERVICES, AND THE PRODUCTS, AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OUR SITE OR OUR STORE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR OUR STORE SITE IS FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
  12. LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COURT COSTS) RESULTING FROM YOUR USE OF, OR INABILITY TO USE ANY OR ALL OF OUR SITE, OUR STORE SITE, THE SERVICES, AND/OR THE PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED BY LAW, OUR SOLE LIABILITY TO YOU FOR DAMAGES WILL BE LIMITED TO $100.00.
  13. Remedies for Violations. We may seek all remedies available at law and in equity for your violation of these Terms of Use, our Privacy Policy, or our Store Site privacy policy, including, without limitation, the right to block access from a particular Internet address to our Site, our Store Site, suspend the Services, and destroy any Products containing infringing Submitted Content.
  14. Modification of Terms of Use. We may modify, delete, or otherwise alter these Terms of Use at any time. Such modifications will be effective immediately upon posting to our Site. You are responsible for regularly reviewing these Terms of Use. Continued access of our Site, our Store Site, and use of the Services thereafter constitutes your consent to any modifications.
  15. Miscellaneous. These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States, without giving effect to any principles of conflicts of law. You consent to the sole and exclusive jurisdiction and venue of the state courts and United States district courts sitting in Richmond, Virginia in which any adversarial proceeding, suit, or action is brought arising from any or all of these Terms of Use, your access to our Site, your access to our Store Site, your use of the Services, and the Products. If any provision of these Terms of Use will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by Us will be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use will not constitute a waiver of such right or provision. You acknowledge and agree that you have fully read and understand these Terms of Use and have had the opportunity to seek legal counsel of your choice. These Terms of Use along with our Privacy Policy and our Store Site privacy policy contain the entire agreement between the parties regarding the subject matter hereof. These Terms of Use supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by Us. Your breach of these Terms of use may cause irreparable harm and damage to Brandito for which no adequate remedy at law exists. For this reason, Brandito has the right, in addition to any other remedies available to it at law or in equity, to enjoin you in a court of equity from violating these Terms of Use without having to prove damages or post bond. These Terms of Use are binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and assigns.  You may not transfer or assign these Terms of Use.

 

If you have any questions about these Terms of Use, our Site, the Services, or the Products, you may contact Brandito at:
Mail: Brandito, LLC, 2100 Tomlynn Street, Richmond, VA 23230
Email: [email protected]
Phone: (804) 747-6721