 | Need Help? (800) 972-6130 info@spyker.com |
Terms of Use for Spyker.com (an official website of Brinly-Hardy Company)
Welcome to the spyker.com website (the “Site”), the official website of Brinly-Hardy Company, Inc., and its affiliated and subsidiary companies (collectively “Brinly”). Brinly encourages you to read carefully these Terms of Use and our Privacy Policy which is incorporated here by reference (collectively “Terms”) before using the Site. These Terms govern your use of the Brinly Site and describe the rights and responsibilities between you (an individual, or if applicable, acting as a representative or agent for a company or other entity) (“you” or “your”) and Brinly.
PLEASE READ THESE TERMS. If you do not agree to these Terms, You may not access or use the Site. By accessing, browsing and/or otherwise using the Site, you are indicating that you have read and agree to follow and be bound by these Terms.
A. Permissible Use of the Site
1. General. This Site may contain certain proprietary notices and intellectual property information, the terms of which must be observed. Information on the Site may contain technical inaccuracies or typographical errors. Information, including advertising and marketing materials, product pricing and availability, product manuals, may be changed or updated at Brinly’s discretion without notice, may be subject to availability and may not be available at all stores or locations.
2. Changes to Terms. Brinly may modify these Terms at any time and from time to time in our sole discretion without notice to you. You should periodically review these Terms carefully in order to make sure that you are aware of the most current terms and conditions for the use of the Site because any use or viewing of the Site by you after any change to these Terms, whether or not you have reviewed the amended Terms, constitutes your acceptance of these Terms as changed. These Terms as amended from time to time shall remain in full force and effect anytime you use or access the Brinly Site.
3. Use of the Site by Children. This site is not intended to be directed toward children. You must be at least 13 years of age to use the Site and/or any related services provided on the Site. If you are between the ages of 13 and 18, you may use the Site and services with the consent and involvement of your parent or legal guardian. By accessing, browsing and/or otherwise using the Site, you represent and warrant: (i) that you are at least 18 years of age or (ii) that, as parent or guardian, you agree to these Terms of Use and Brinly’s Privacy Policy and authorize your child who is between the age of 13 and 18 to use the Site, subject to your responsibility for their conduct.
4. Information You Submit. All information you submit to us shall be true, accurate and complete. No information or material provided to Brinly by you, or an agent working on your behalf, may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably under the circumstances might be deemed threatening, abusive, harassing, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortious, defamatory, libelous, invasive of another person’s privacy, or violate another person’s publicity rights; (iv) bear any false, disguised, or misleading origin; or (v) be confidential. By submitting or posting any information or material, you grant Brinly an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and/or distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Brinly is free to use ideas, concepts, know-how or techniques that you send us without any compensation or acknowledgment.
5. Prohibitions. As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By ways of example, and not as a limitation, you agree:
- Not to transmit or upload any material to the Site that contains viruses, bots, spiders, Trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- Not to interfere with or disrupt the Site networks or servers;
- Not to delete any legal notices, disclaimers or proprietary notices;
- Not to misrepresent your identity or other personal information;
- Not to attempt to gain unauthorized access to the Site, computer systems or networks connected to the Site, through mining or any other means; and
- Not to interfere with Brinly or another authorized party's use and enjoyment of the Site.
6. Third Party Links. This Site may contain links to other websites to help customers purchase Brinly products. Brinly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brinly of the subject website or any association with its operators. Brinly does not have control over, and is in no manner responsible or liable for, the availability, accuracy and content of the websites to which this Site is linked. Brinly makes no representations whatsoever about any other site you may access through this Site. Any concerns regarding any product or service offered by a website to which this Site is linked or the link itself should be directed to the operator of that specific website and not to Brinly.
7. Reservation of Rights. Brinly has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, Brinly reserves the right at all times to remove any improper content, discontinue your access to the Site, or to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Brinly.
8. Copyright and Intellectual Property Ownership. Brinly (or its licensors) is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site including, without limitation, any related patents, copyrights, trade secrets, trade names, trademarks, service marks, goodwill, moral rights, and any other intellectual property or proprietary rights or intangible assets recognized under any laws or international conventions. Brinly may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice. All text, images, graphics, animation, videos, music and other materials on the Site are subject to the copyright and other intellectual property rights of Brinly or its licensors. These materials may not be reproduced, distributed, modified or reposted to other websites without the express written permission of Brinly or its licensors.
You agree that all of Brinly’s trademarks, trade names, service marks and other Brinly logos and brand features, and product and service names are trademarks and the property of Brinly. (the "Brinly Marks"). Without Brinly’s prior permission, you agree not to display or use in any manner the Brinly Marks. All other trademarks not owned by Brinly are the property of their respective owners and may not ne used without their respective permissions.
9. Limited License to Use Materials Provided on the Site. Brinly grants you a limited license to use the materials made available on the Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of Brinly. Brinly, in its sole discretion, may revoke this license at any time without prior notice to you and without liability.
10. Right to Download. You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.
11. Copyright Infringement Notice. Brinly respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Brinly’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Send your claim with the above information to Brinly’s Agent for Notice of claims of copyright or other intellectual property infringement as follows:
By mail:
Copyright Agent
c/o Brinly-Hardy Company, Inc.
3230 Industrial Pkwy
Jeffersonville, IN 47130
By phone: (812) 218-7200
By fax: (888) 619-2315
By email: legal@brinly.com
12. Termination of Use. Brinly may, in its sole discretion, terminate your use of the Site at anytime without liability.
13. Disclaimer of Warranties. You assume all responsibility and risk for the use of this Site and the Internet generally. This Site is provided by Brinly on an "AS IS" and “As Available” basis. Brinly makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site, to the fullest extent permissible by applicable law. Brinly disclaims all warranties, express or implied, including, but not limited to, merchantability, fitness for particular purpose, non-infringement of intellectual property rights or other proprietary rights, title, accuracy, and freedom from errors, viruses, bugs, delay, or other harmful components.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BRINLY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRINLY, AND ITS OFFICERS, DIRECTORS, AFFILIATES, OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE PRODUCTS PURCHASED THROUGH THIS SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15. Indemnification. You shall indemnify, defend and hold harmless Brinly, its officers, directors, employees, shareholders, members, affiliates, suppliers, and agents from all damages, liabilities, claims and expenses (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim) arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or information provided by you to the Site.
B. Products Offered by Brinly
1. Where to Buy. Unless indicated otherwise, products and services featured on the Site may not be available directly from or through Brinly, whereas parts for products may be available directly from or through Brinly (please contact Customer Service by calling our toll free number at 877-728-8224 to place orders for product parts). Brinly may list third party retailers where Brinly products can be purchased. In some cases, however, certain products, product options or other merchandise displayed on the Site may not be immediately available for order.
2. Product Warranties. Please reference the warranty information included with the applicable products or services for specific details of product warranties or information on how to process warranty claims. You may register your product’s warranty on this Site at www.brinly.com/warranty.html. For more information on Brinly’s warranties or to register your product by phone, please contact Customer Service by calling our toll free number at 877-728-8224.
3. Product Information. Brinly is constantly updating and enhancing its product offerings. While Brinly endeavors to provide accurate information, some product details, including specifications, images, colors, prices and features thereof, may not be an accurate representation of the actual product. All configurations and information generated on the Site are subject to change without notice. Brinly reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
4. Disclaimer. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE USER SHOULD NOT RELY ON ANY DIMENSION, SPECIFICATION OR INSTALLATION INFORMATION PROVIDED ON THE SITE, AS SUCH INFORMATION MAY BE INACCURATE, INCOMPLETE, OUTDATED AND/OR NOT APPLICABLE TO YOUR PARTICULAR SITUATION. BRINLY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY OF ANY SUCH INFORMATION, AND YOU, THE USER, ASSUME THE SOLE RISK OF ANY USE AND/OR RELIANCE THEREON.
5. Material Safety Data Sheets (MSDS) for OSHA-defined hazardous substances are prepared and supplied by manufacturers and available by contacting Customer Service at 1-800-626-5329. While Brinly believes the information and recommendations contained on the MSDS to be accurate, Brinly makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. You are solely responsible for any reliance on or use of any information, and for use or application of any product. Brinly disclaims any and all liability to any user.
C. Contact Brinly
We want your experience at the Site to be as satisfying as possible. If you have any questions about the Site or these Terms or need to contact us for any reason identified herein, you may:
1. Send us a message via email at legal@brinly.com.
2. Call our toll free number 1-877-728-8224 Monday through Friday 8:00 a.m. – 5:00 p.m. EST, Sundays, Closed on federally recognized holidays.
3. Send your request by mail to, Brinly-Hardy Company, Inc., 3230 Industrial Pkwy, Jeffersonville, IN 47130, Attn: Customer Service. Please be sure to include the following information:
- Name
- Return address
- E-Mail address if available
- Telephone number (area code first)
- Reason for your correspondence
D. Miscellaneous
1. Force Majeure. Brinly shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an act of God, war, terrorism, natural disaster, governmental regulations, communication or utility failures or the failures or acts of third parties.
2. Jurisdiction and Governing Law. These Terms shall be construed, governed and enforced under the laws of the United States and the State of Indiana (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to these Terms, shall be in a federal or state court of competent jurisdiction located in Clark County, Indiana. Each party hereby consents and submits to the personal jurisdiction of such courts, and to the extent permitted by law, hereby consents that all services of process may be made by any nationally recognized overnight courier, or by certified or registered mail, postage prepaid and return receipt requested. Each party waives any objection based on an inconvenient forum and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above. If any action brought to enforce this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees.
3. Forward-Looking Language. Statements made on this Site may include "forward-looking statements," as such are provided for by the Private Securities Litigation Reform Act of 1995 (the "Act"). All statements other than those reciting historic fact are statements that may be "forward-looking statements" under the Act. Such forward-looking statements may include, among others, comments regarding Brinly’s future operations and performance; proposed new locations, products, services, or developments; or any statement of an assumption underlying any of the foregoing.
Brinly believes that the expectations, opinions, projections, and comments reflected in its forward-looking statements are reasonable but can give no assurance that such statements will prove to be correct. Potential risks, uncertainties, and other factors could materially affect Brinly's ability to achieve the results expressed or implied by such forward-looking statements including, but not limited to, changes in general economic conditions such as interest rate and currency fluctuations,, and other factors which can negatively affect customers, as well as Brinly's ability to respond to changing economic conditions.
4. Severability. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.
5. Waiver. No waiver of any breach of a provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing and signed by the waiving Party.
6. Entire Agreement and Modifications. This is the entire Agreement between the Parties governing the subject matter hereof. You may not amend this Agreement without Brinly’s prior written consent. You may not assign this Agreement. Brinly may modify these Terms at any time, at its discretion, and modifications are effective upon being posted on the Site. You are responsible for reviewing these Terms to ensure that you are aware of any changes made to the Terms.
:869958:1:LOUISVILLE
