Welcome to the website of Breville USA ("Breville," "we," "us," or "our"). Please take some time to review these Terms and Conditions. Your use of this website and/or purchase of any products through this website constitutes your agreement to the following Terms and Conditions. By accessing this website, you (the "User", or "you") represent and warrant that you have read, understood, and agree (1) to be bound by the following Terms & Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; (3) if you are acting on behalf of a company or other entity, that you have the authority to bind such company or entity to this Agreement, and (4) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Breville reserves the right to update, change, modify or otherwise alter these Terms and Conditions at any time without prior notice in its sole discretion. Such revisions shall be effective immediately upon notice thereof, and any such notice may be given through any means, including but not limited to posting of the revised terms on the BrevilleUSA.com website (“Website”). It is your responsibility to review this Agreement for revisions and modifications that may affect your rights or obligations hereunder. You agree that you shall be bound by any such modifications to these Terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THE REVISED TERMS.
Access and Use of Website
- You cannot access or use the Website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content.
- You must not modify, adapt, or hack into the Website or modify another website so as to falsely imply that it is associated with Brevilleusa.com.
- You must not transmit any worms or viruses or any code of a destructive nature to or via the Website.
- You must not violate any laws in your jurisdiction (including but not limited to privacy, trademark and copyright laws).
- You may only access and use the Website pursuant to the terms and conditions of this Agreement.
- You shall comply with the limited license granted to use the Website granted herein and not engage in any unauthorized use as set forth herein above or below.
Ownership, Proprietary Information, and Intellectual Property
All text, graphics, images, quotes, consumer reviews, Comments (as defined below), photographs, logos, illustrations, descriptions, data, designs, icons, photographs, video clips, audio clips, interfaces, software, titles, names and any other materials provided on the Website are collectively referred to as “Content.” The Content may contain omissions, errors or may be out of date. Breville reserves the right to change, delete, update or otherwise alter the Content in its sole discretion at anytime without providing prior notice.
Breville Intellectual Property
Except for Content linked to or from an external source, all other Content that appears as part of this Website (collectively, the "Intellectual Property") is the sole and exclusive property of Breville unless otherwise indicated.
The Website as a whole and all Content and Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions, and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given express written permission to use by Breville, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, transfer, or sell any Intellectual Property, information, software, or products obtained from or through this Website, in whole or in part. Any use of the Content, except as specifically provided in these Terms and Conditions or by express written permission of Breville, is strictly prohibited.
Third party content that is linked to or from the Website belongs to such third parties or users, as applicable. Such linked use does not constitute sponsorship, endorsement or approval by Breville of such linked content. Linked sites are operated, controlled or maintained by their respective owners and Breville is not responsible for the content, security, policy, practices or availability of such linked sites. Accessing of such linked sites is at your own risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our designated agent, who can be reached as follows: Breville USA, c/o Buchalter Nemer – 1000 Wilshire 15th Floor Los Angeles, CA 90017, attn. Thomas Gaynor, Esq.
Comments by Users
Breville welcomes comments from users of its products. Any comments, feedback, notes, suggestions, thoughts, ideas or other commentary or communications (“Comments”) posted or sent to the Website shall be and will remain the sole and exclusive property of Breville. Submission of any Comments to the Website shall be deemed an assignment to Breville of all intellectual property rights, titles and interest in and to such Comments. Such Comments will not be treated as confidential information. Breville shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you. In the event that you do not wish for Breville to use any of your comments, please do not submit such comments to Breville.
All prices displayed on the Website are quoted in U.S. dollars. Breville reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by Breville as necessary. Breville reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Breville reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Breville shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if a credit card has already been charged for the purchase and the order is cancelled, Breville shall promptly credit the credit card account in the amount of the incorrect price.
Limited License; Personal, Business, and Non-Commercial Use Limitation
You are hereby granted a non-exclusive license to view the Content on the Website, but only while accessing the Website. Except to the extent required for the limited purpose of reviewing material on the Website, electronic reproduction, adaptation, distribution, performance, or display is prohibited. Commercial use by you of any of the content for profit is strictly prohibited. Use of any of Breville’s trademarks as metatags on other websites also is strictly prohibited.
You agree that you are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the Content on the Website for any commercial use, or for any purpose other than as described in this Agreement. You also agree to not deep-link to the Website for any purpose, unless specifically and expressly authorized by Breville in writing.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Website.
You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the Website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive remedies.
Third Party Services
From time to time, Breville may use services provided by persons or entities other than us ("Third-Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third-Parties site, you do so at your own risk. Any link or hyperlink from our Website to a Third-Party website does not imply sponsorship, affiliation, or endorsement of the content on that Third-Party website or the operator or operations of that site. Any concerns regarding the content and/or availability of hyperlinks, which are not controlled by Breville, should be directed to the Third Party that controls the content of the hyperlink. You are solely responsible for determining the extent to which you use any content at any Third-Party websites to which you might link from our Website, or which may download or connect with through our Website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD-PARTY WEBSITE.
Linking Sources to Our Website
If Breville authorizes you to deep-link your website or a service offered by your website to Breville, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Breville has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to Breville and its technology, including all ownership rights, remain the sole and exclusive property of Breville; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Breville may terminate at any time in its sole discretion your access to the Website and/or its Content.
Breville reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech (e.g., racist/discriminatory speech);
- References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., food poisoning, foreign objects in food, etc.);
- Messages commenting on other users;
- Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
- Content that are advertising or are commercial in nature, or that are inappropriate based on the applicable subject matter;
- Language that violates the standards of good taste or the standards of this Website, as determined by Breville in its sole discretion;
- Content determined by Breville to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
- Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
- Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data, or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Breville at firstname.lastname@example.org.
Although Breville cannot monitor the conduct of its users off the Website, it is a violation of this Agreement to use any information obtained from our Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Breville for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMERS AND LIMITATIONS
- Disclaimer. a. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THIS SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SITE OR LINKED TO BY THIS SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THIS SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
- Product and Service Warranty Disclaimer. IN NO EVENT SHALL ANY PROVISION OF THIS AGREEMENT MODIFY, AMEND, OR OTHERWISE ALTER OR BECOME PART OF ANY PRODUCT WARRANTY WHICH MAY BE APPLICABLE TO ANY BREVILLE PRODUCTS PURCHASED FROM THIS WEBSITE OR OTHERWISE. THE INFORMATION CONTAINED HEREIN IS FOR INFORMATIONAL PURPOSES ONLY CONCERNING BREVILLE PRODUCTS AND SERVICES AND IS NOT TO BE CONSTRUED TO BE AN OFFER WITH REGARD TO ANY PRODUCT OR SERVICE, TRANSACTION OR POTENTIAL TRANSACTION.
You agree to indemnify, defend, and hold harmless Breville, its agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Website. Breville reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Breville in asserting any available defenses.
Changes to this Agreement
Breville reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the Website.
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, your indemnification obligations, and by the disclaimers and limitations of liability. Additionally, Breville shall not be liable to you or any third-party for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, USA, in all disputes arising out of or relating to this Website. Access to our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees and costs.
No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or use of our Website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved by Breville.
This Agreement is the entire and final agreement regarding access to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Effective Date: September, 2010
Last Update: September, 2010