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TERMS OF USE - THE BROMWELL COMPANY

Rev: 8/28/2013

Introduction


Welcome to bromwell.com, jacobbromwell.com, and vermontpen.com ("Websites"). Our Websites are owned, operated, controlled, and provided by The Bromwell Company, an Arizona corporation, ("Bromwell") as a service to our customers. Please review the following terms and conditions that govern your use of our Websites ("Terms of Use"). Please note that your use of our Websites constitutes your unconditional agreement to follow and be bound by these Terms of Use and all applicable laws. The terms "you", "your," and "yours" mean you -- the user, customer, and purchaser. The terms "we," "our," and "ours" means Bromwell.

Some of the services are subject to additional posted conditions. Your use of those services is subject to those conditions, which are incorporated into these Terms of Use by reference. In the event of a conflict between the additional conditions and these Terms of Use, the additional conditions will apply.

Use of our Websites is subject to current laws and regulations. Nothing contained in these Terms shall limit Bromwell’s right to comply with governmental, judicial, and law-enforcement requests or requirements relating to your use of the Websites.

Privacy


Your privacy is as important to Bromwell as it is to you. Learn more about our privacy policy.

Copyright Notice


All pages on these Websites are subject to the following copyright notice: © 2014 The Bromwell Company. All materials, including images, text, illustrations, graphics, designs, icons, photographs, programs, video clips and written and other materials that are part of these Websites and any compilation thereof (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Bromwell, one of its affiliates, or by third parties who have licensed their materials to Bromwell.  The Contents are protected by U.S. and international copyright laws and Bromwell, its affiliates and licensors expressly reserve all intellectual property rights in the Contents. Access to these Websites does not confer and shall not be considered as conferring upon anyone any license, assignment, or grant of any intellectual property rights except as expressly stated in these Terms of Use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Websites or any related software. All software used on these Websites is the property of Bromwell or its software suppliers and is also protected by U.S. and international copyright laws.

Our Websites contain photographs and images of Bromwell products, lifestyle scenes, and historical pictures ("Photos"). Subject to these Terms of Use, you are granted a limited license to download and use the Photos strictly for Editorial Use Only. Editorial use means using the Photos to accompany articles, reviews, stories, or captions written about subjects related to Bromwell and Bromwell products. All other uses, including without limitation, resale, commercial, advertising, packaging, marketing, distribution, or promotional uses, are strictly prohibited. All rights are reserved to Bromwell and third parties. You may not, digitally or otherwise, alter, modify, distort, manipulate, create derivative works from, sell, or exploit in anyway the Photos and should credit the source of the Photo to either (1) the named photographer, if revealed during the download process, or (2) by stating "Photo courtesy of The Bromwell Company." You shall not use the Photos in any manner that is derogatory or demeaning to Bromwell, the product, or the photographer.

Any unauthorized use the Contents or Photos is subject to all applicable penalties available to the copyright owner under the applicable copyright laws.

Content


The Website contains content that Bromwell creates and also content provided by third parties, including users that register to provide comments, ratings and reviews. It also contains product information provided to Bromwell by third parties about products that are manufactured by or for people other than Bromwell. We do not accept responsibility for the accuracy, veracity or the quality of any third party content (“User Generated Content” or “UGC”) . Specifically, User Generated Content contains information that may not reflect the opinions or beliefs of Bromwell. While we believe this content to represent the beliefs of those that submit it, you are advised not to rely on third party content without independent analysis.

You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Website, except those automated means that we have approved in advance and in writing.

Trademark Notice


The Jacob Bromwell® and Vermont Pen names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Bromwell. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the Contents. Access to these Websites does not authorize anyone to use any name, logo or mark in any manner.

Accuracy of Information


While Bromwell uses reasonable efforts to ensure the Contents are accurate and up-to-date, Bromwell makes no warranties or representations as to the accuracy or completeness of the Contents or the reliability of any advice, opinions, statements, articles, recipes, or other information displayed or distributed through these Websites. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINIONS STATEMENTS, ARTICLES, RECIPES, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. BROMWELL RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THESE WEBSITES.

Pricing; Order Acceptance; Payment; Sales Tax


While Bromwell strives to provide accurate product and pricing information, pricing or typographical errors may occur. Bromwell cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Bromwell shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Bromwell may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice. While it is the Bromwell practice to confirm orders by email, the receipt of an email order confirmation does not constitute the acceptance of an order or the Bromwell confirmation of an offer to sell a product or service. Bromwell may also require verification of information prior to the acceptance and/or shipment of any order. Please note that there may be certain orders that we are unable to accept and must cancel. Bromwell reserves the right, at our sole discretion, to refuse service to any customer or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit department. Bromwell will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. For your convenience, you will not be charged until your payment method is authorized and your order is shipped but if your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. You are responsible for all sales taxes on your purchase. Tax exemption certificates cannot be accepted on these orders.

Shipping Charges


When an order is placed, it will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on these Websites. Bromwell offers shipping within the United States, U.S. territories, and to APO/FPO. All purchases from these Websites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from these Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. The purchaser is responsible for all shipping costs. Upon shipment, Bromwell may email to you a tracking number.

Products, Services, and Specifications


All features, content, specifications, products and services described or depicted on these Websites are subject to change at any time without notice. All reasonable measures are taken to accurately display the attributes of our products, including the colors; however, the actual color you see will depend on your computer monitor. Bromwell cannot guarantee that your monitor will accurately display such colors. The inclusion of any products or services on these Websites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from these Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Exchanges, Refunds, and Returns


Jacob Bromwell® proudly stands behind the quality of workmanship, craftsmanship, and materials in every product we ship. Our Lifetime Guarantee covers every item for the lifetime of the product, failure of workmanship and craftsmanship, failure of materials, and production defects. Simply put, our guarantee ensures that every item you purchase from Jacob Bromwell® meets your high standards—or you can return it to us for an exchange or complete refund. We do not accept returns and exchanges on damaged products caused by accident, damage caused by mishandling via airline or third party shipping companies, personalized merchandise (ie. custom engravings), third-party alterations, and/or extreme wear and tear, including excessive wear and tear on vintage and antique Jacob Bromwell® products. Excessive wear and tear is not a failure of materials or workmanship; it is simply the natural course of any well-built product. If your Jacob Bromwell® product has served you well but is showing a lifetime of normal use, we hope you’ll consider buying a replacement to last another lifetime.

Should you have any questions regarding your eligibility to make an exchange, refund, or return, please visit our page on Returns & Exchanges.

Disclaimer


THESE WEBSITES ARE PROVIDED BY BROMWELL ON AN "AS IS" AND "AS AVAILABLE" BASIS. BROMWELL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THESE WEBSITES OR THE INFORMATION, CONTENT, SERVICES OR MATERIALS INCLUDED ON THESE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BROMWELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THESE WEBSITES, THAT SUCH USE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW SUCH LIMITATIONS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability


UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BROMWELL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THESE WEBSITES AND THE CONTENTS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF BROMWELL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL BROMWELL BE LIABLE FOR ANY DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THESE WEBSITES. Any cause of action you may have with respect to your use of these Websites and the Contents of each must be commenced within one (1) year after the claim or cause of action arises.

You agree that Bromwell will not be liable to you or any third party for taking any of these actions.

Links to Third Party Sites


References on these Websites to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply the Bromwell endorsement, sponsorship or recommendation of the third party, information, product or service. If you use those websites, you will leave these Websites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Bromwell makes no warranty or representation regarding any linked websites.

Linking to the Bromwell Websites


All links to the Bromwell Websites must be approved in writing by Bromwell, except that Bromwell consents to links in which: (i) the link is a text-only link containing only the name "The Bromwell Company"; (ii) the link "points" only to www.bromwell.com, www.jacobbromwell.com, or www.vermontpen.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with, endorsed by, or sponsored by Bromwell nor be such as to damage or dilute the goodwill associated with the name and trademarks of Bromwell or its Affiliates. Bromwell reserves the right to revoke this consent to link at any time in its sole discretion.

Revisions to Terms of Use and Website


Bromwell reserves the right, at its sole discretion, to change, modify, revise, add or remove any portion of these Terms of Use in whole or in part, at any time. Changes to these Terms of Use will be effective when such changes are posted to this Website. Your continued use of these Websites after any change will be considered acceptance of those changes. Bromwell may terminate, change, suspend or discontinue any aspect of the Bromwell Websites, including the availability of any features of the Websites, at any time. Bromwell may also impose limits on certain features and services or restrict your access to parts or all of the Websites without notice or liability. Bromwell may terminate the authorization, rights and license given above and, upon such termination you shall immediately destroy all Content and Photos which you may have downloaded.

International Users


These Websites are owned, operated, controlled, and provided by Bromwell from its offices within the United States of America. Bromwell makes no representation that materials at these sites are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Websites or export the Content in violation of U. S. export laws and regulations. If you access these Websites from a location outside of the United States, you are responsible for compliance with all local laws.

Choice of Law


These Terms of Use constitute the entire agreement between Bromwell and you with respect to your use of these Websites. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use shall be governed by the laws of the state of Kansas without regard to its laws on conflicts of law, and the federal law of the United States of America. Any action to enforce these Terms of Use shall be brought in the federal or state courts located in Tempe, Arizona.

Website Security


You are prohibited from violating or attempting to violate the security of these Websites, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to these Websites, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Bromwell will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of these Websites or any activity being conducted on these Websites.

Bromwell reserves the right, without obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

Restrict, suspend, or terminate your access to all or any part of the Websites;
Establish general rules concerning use of our Websites.

Copyright Violation Notice


If you feel the content of these Websites violates your copyright, please send a notice of the violation to: Legal Department, The Bromwell Company, 8605 Santa Monica Blvd., Suite 78384, Los Angeles, CA 90069, email: service@bromwell.com.

Your notice must include (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted, (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a notice of claimed infringement that satisfies these requirements (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Bromwell will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States.

Invention and Idea Submissions


As you can understand, Bromwell may be working on a new or improved product when it receives a similar suggestion from an inventor. If Bromwell proceeds with its new product, it is natural for the inventor to think that Bromwell used the inventor's idea and that the inventor should be compensated. In order to protect inventors as well as Bromwell, only patented inventions will be considered for review. If you have already obtained a patent, you may send Bromwell a copy of the patent for consideration. Please do not send any confidential information with the patent or the submission will not be considered. We will not review patent applications that are pending. Bromwell does not want you to, and you should not, send any confidential or proprietary information to Bromwell via these Websites or by any other means not in compliance with the Bromwell policy. For further information regarding the Bromwell policy, please call (316) 832-2653. You agree that any information or materials that you or individuals acting on your behalf provide to Bromwell in violation of the Bromwell policy will not be considered confidential and may be returned to sender at sender's expense or destroyed. By providing any such information or materials to Bromwell in violation of our policy, you grant to Bromwell an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Bromwell is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Bromwell. You further recognize that Bromwell does not want you to, and you warrant that you shall not, provide any information or materials to Bromwell that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary or confidential material of a third party.