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Terms of Use

Welcome to the Brunswick Park Co. (“Company”) website at http://www.brunswickpark.co (the “Site”). These Terms of Use (this “Agreement”) apply to those who visit and use the Site (collectively or individually “Users”).

BEFORE VIEWING, BROWSING OR OTHERWISE USING THE SITE, PLEASE READ THIS AGREEMENT CAREFULLY. By VIEWING, BROWSING OR OTHERWISE USING THE SITE, you acknowledge that you have read, understood, and agree to be bound by thIS AGREEMENT. If you do not agree to ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN please do not VIEW, BROWSE or otherwise use the site.

NOTE TO KIDS under 13 years of age: The SITE is not FOR persons under the age of 13. If you are under 13 years of age, then please do not use the Site. Talk to your parents about what websites are appropriate for you.

  1. Privacy Policy. The Company’s Privacy Policy, found at http://www.brunswickpark.co/fine-print is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
  2. Terms of Sale. Any purchases made via the site will be governed by our Terms of Sale, found at http://www.brunswickpark.co/fine-print, which is hereby incorporated into this Agreement. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.
  3. Individual Features and Services. When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services, offers and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into this Agreement. Please note that additional and/or different conditions and terms of use may apply to media, contests, competitions, or services provided through one or more of our partners or business associates, and you should refer to those before using such services.
  4. Modification. We reserve the right, at our discretion, to change, modify, add, or remove portions of this Agreement at any time.
  5. Site Transactions. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  6. Errors, Inaccuracies, and Omissions. Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
  7. Colors & Style. We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
  8. Ownership; Proprietary Rights. The Site is owned and operated by the Company. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by Company (“Company Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Company Materials contained on the Site are the copyrighted property of Company or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Company or its affiliates and/or third-party licensors. Except as expressly authorized by Company, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Company Materials.
  9. Prohibited Uses.

    1. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. Access to the Company Materials and the Site from territories where their contents are illegal is strictly prohibited. Company Users are responsible for complying with all local rules, laws, and regulations including, without limitation, rules about intellectual property rights, the internet, technology, data, email, or privacy.
    2. Any use by User of any of the Company Materials other than for private, non-commercial use is strictly prohibited.
    3. You may not use the Site in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Site. You may not intentionally interfere with or damage the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site. You may not attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
    4. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, crawler or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
    5. You may not utilize framing techniques to enclose any trademark, logo, or other Company Materials without our express written consent. You may not use any meta tags or any other “hidden text” utilizing Company’s name or trademarks without our express written consent.
    6. You may not deep-link to the Site and will promptly remove any links that Company finds objectionable in its sole discretion. You may not use any Company logos, graphics, or trademarks as part of the link without our express written consent.
    7. You may not send junk mail to other Users, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
  10. Information. You agree that any information you provide to Company in connection with the Site will be true, accurate, current, and complete.
  11. User Communications. Under this Agreement, you consent to receive communications from Company electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  12. Ownership of Feedback. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and any reviews, comments, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site (collectively, “Feedback”). You are not required to provide any Feedback to the Company. To the extent you do provide any Feedback to the Company, you agree to assign and hereby do assign to the Company all right, title and interest in and to such Feedback and agree that the Company may freely utilize such Feedback without compensation to you.
  13. Availability of Service. Company may make changes to or discontinue any of the media, contests, products, or services available within the Site at any time, and without notice. The media, products, or services on the Site may be out of date, and Company makes no commitment to update these materials on the Site.
  14. Notice. Except as explicitly stated otherwise, legal notices shall be served on Company’s national registered agent or to the email address you provide to Company during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration or purchase process. In such case, notice shall be deemed given three days after the date of mailing.
  15. Violations; Termination. You agree that Company, in its sole discretion and for any or no reason, may terminate any member or customer account (or any part thereof) you may have at the Site or your use of the Site, at any time. Company may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be effected without prior notice, and you agree that Company shall not be liable to you or any third-party for any such termination. Company does not permit copyright infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity.
  16. Disclaimers; No Warranties. THE SITE AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, AND ITS SUPPLIERS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

    COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT THAT THE FEATURES CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    COMPANY, AND ITS SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT COMPANY NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.

    CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

  17. Indemnification; Hold Harmless. You agree to indemnify and hold Company, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of this Agreement, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
  18. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE THE COMPANY MATERIALS ON THE SITE, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH COMPANY, EVEN IF COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

    IN NO EVENT SHALL COMPANY’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED FIVE U.S. DOLLARS.

    THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN COMPANY AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SITE.

  19. Miscellaneous.

    1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law.
    2. Jurisdiction. You agree that any action at law or in equity arising out of or relating to this Agreement or the Site shall be filed only in the state or federal courts in and for Suffolk County, Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
    3. Waiver. A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
    4. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
    5. Assignment. This Agreement and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
    6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of this Agreement, and shall not be deemed to limit or affect any of the provisions hereof.
    7. Entire Agreement. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement or Guidelines made by Company as set forth in Section 3 above.
    8. Claims. YOU AND COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
    9. Disclosures. The Site is operated by Brunswick Park Co., located at 560 Harrison Ave Suite 404 Boston, MA 02127, email: founders@brunswickpark.co, telephone: 781-956-7725.



Terms & Conditions of Sale

Thank you for your purchase of product(s) ("Products") from Brunswick Park Co. (“Company”). Your purchase of the Products constitutes your agreement to be bound by these Terms & Conditions of Sale ("Terms") and any additional terms we provide, including but not limited to our Terms of Use, which govern your use of our website and are available at http://www.brunswickpark.co/fine-print, and the terms of the Limited Warranty included with a Product.

THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR COMPANY PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD NOT PURCHASE OR USE THE PRODUCTS.

We reserve the right to change these Terms at any time, so please review the Terms each time prior to making a purchase from Company. Every time you purchase Products from Company, the Terms in force at that time will apply between you and Company. We will notify you in the event we make changes to these Terms that affect your Services. If you have any questions regarding these Terms, you can contact Company at founders@brunswickpark.co.

The disclaimers, exclusions, and limitations of liability under these Terms will not apply to the extent prohibited by applicable law. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights.

  1. Order Cancellation.
    
You may cancel your offer to purchase Products at any time prior to shipment and you will not be charged. Company reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order.
  2. E-Commerce Services and Payment.
    
Payment processing and e-commerce functionality for the Products is provided by such third party as Company may utilize from time to time (“Store Vendors”), and in order to proceed with selection of and payment for Products you will be required to agree to certain Store Vendor terms and conditions. Company does not collect or store your credit card information. You can find out more about both our Privacy practices and the Store Vendors’ privacy practices in our Privacy Policy and the links therein. By providing a credit card or other payment method accepted by Company, you represent and warrant that you are authorized to use the designated payment method and that you authorize the applicable Store Vendor to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we or the Store Vendors encounter in order to proceed with your Product order.
  3. Availability and Pricing.
    
All Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
  4. Sales Tax.

    
Depending on the order, the Company calculates and charges sales tax in accordance with applicable laws. Such taxes are not included in the quoted price.
  5. Resale and Title Transfer.


    Purchases of the Products are intended for end users only, and are not authorized for resale. Title for Products purchased passes to you at the time of delivery by Company to the freight carrier, but Company and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
  6. Shipping and Delivery.
    
Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Company website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse.

    The Products available on the Company’ website have been designed, marketed and sold for use by residents of the United States. All information and packaging is provided only in English. The Products available on the Company websites are not intended for use outside of the United States and Canada. You are responsible for complying with all applicable laws and regulations of the country for which the Product is destined. We are not liable or responsible if you break any such law.
  7. Returns for Refund.


    If, for any reason, you want to return the Product you purchased from the Company website for a refund, you must comply with our Return Policy, which is available at http://www. brunswickpark.co/fine-print.
  8. Disputes and Arbitration


    (a) This Section 11 is referred to herein as the “Dispute Resolution Agreement.” If any dispute arises out of or related to these Terms (“Dispute”), the parties shall first to try in good faith to settle the dispute by non-binding mediation in Boston, Massachusetts via written notice by one party to the other. Within 10 days of such request, the parties shall confer to select a mediator. If the parties fail to agree upon a mediator, either party may request that the Judicial Arbitration and Mediation Services (“JAMS”) appoint a mediator. The parties agree that all Disputes which are not resolved by mediation shall be subject to binding arbitration pursuant to the terms and conditions of this Dispute Resolution Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies). The Federal Arbitration Act governs the interpretation and enforcement of this Dispute Resolution Agreement. Either party may initiate arbitration with respect to the Dispute by filing a written demand for arbitration at any time following 45 days from the date of filing the written request for mediation. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against Company.

    (b) THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S) (“Class Action Waiver”).

    (c) Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures (the "AAA Rules"), as modified by this Dispute Resolution Agreement. If there is any inconsistency between the AAA Rules and this Dispute Resolution Agreement, the terms of this Dispute Resolution Agreement will control unless the arbitrator determines that the application of the inconsistent Dispute Resolution Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 10. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator's discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise. The arbitrator shall not be bound by rulings in prior arbitrations involving different Company customers, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.

    (d) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. If a court decides that any term or provision of this Dispute Resolution Agreement other than the Class Action Waiver is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Dispute Resolution Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Class Action Waiver is invalid or unenforceable, then the entirety of this Dispute Resolution Agreement shall be null and void. The remainder of this Agreement will continue to apply.

    (e) Notwithstanding the foregoing, Company may seek injunctive or other equitable relief to protect its rights under these Terms in any court of competent jurisdiction.
  9. Warranties and Disclaimers.

    
As far as permitted by applicable law, the Company website, and all content available thereon, is provided on an "as-is" basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products purchased through the Company website are provided on an "as-is" basis unless otherwise noted in the Limited Warranty included with a Product. You may choose whether to make a claim under these Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. To initiate a return under the Limited Warranty, you should contact Company at founders@brunswickpark.co. You use our Products at your own discretion and risk.
  10. Limitation of Liability.

    
 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) COMPANY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF COMPANY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) COMPANY’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO COMPANY FOR THE PRODUCT AT ISSUE. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. COMPANY DISCLAIMS ALL LIABILITY OF ANY KIND OF COMPANY’ LICENSORS AND SUPPLIERS.
  11. Data Protection.

    
By placing an order for Products and/or Services, you agree and understand that Company may store, share, process and use data collected from your order form or phone/fax/email order for the purposes of processing the order. Company works with other companies that help Company provide Products to you, such as freight carriers and credit card processing companies (including, without limitation, the Store Vendors), and Company may have to share certain information with these companies for this purpose. Company shall protect your information in accordance with its Privacy Policy available at http://www. brunswickpark.co/fine-print.
  12. Electronic Communications.

    
You are communicating with Company electronically when you use the Company website or send email to Company. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you order on the Company website, we collect and store your email address. From that point forward, your email address is used to send you information about Company’ products unless you opt-out of such emails using the opt-out link in the emails.
  13. Notifications.

    

Company may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Company account, hard copy, or posting of such notice on the Company website. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications.
  14. Force Majeure.

    

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  15. Severability.

    
If any part of these Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Terms will remain in full force and effect.
  16. Survivability.

    

The obligations in Sections 8, 9, 10, and 12 through 18 will survive any expiration or termination of these Terms.
  17. Waiver.
Failure or delay by us to enforce any these Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
  18. Governing Law and Jurisdiction.

    
This Agreement, including all Disputes under the Dispute Resolution Agreement, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflicts of laws principles. You agree to submit to the personal jurisdiction of the state and federal courts in or for Suffolk County, Massachusetts for the purpose of litigating all such claims or disputes, unless such claim or dispute is required to be arbitrated as set forth in an above section.



Privacy Policy

This Privacy Policy (“Policy”) describes how Brunswick Park Co. and its affiliates (“Company” or “we” or “our”) treat information collected or provided in connection with an end user’s (“you” or “your
 or “user”) use of the Company website (the “Site”). Please note that your use of the Site constitutes your acceptance of this Policy as set forth below:

  1. Effective Date; Changes. This Policy applies to all information collected by or provided to us in connection with the Site. When we make any material changes to this Policy, we will change the Effective Date above and will inform you by e-mail sent to the address associated with your Site account and/or through the Site the next time you login. We will treat your continued use of the Site following such notice as your acceptance of the changes.
  2. Third Parties. The Site may contain, and we may send to registered users, offers from third parties or links to third-party websites. This Policy does not apply to information that you may provide to or that may be collected by third parties. We encourage you to request that such third parties provide you with their applicable privacy policies and other terms and conditions before engaging with or making a purchase from such third parties.
  3. Collected Information.

    Information You Submit. When you log-in to or create an account with the Site, we collect the information you provide in the applicable form. This information includes personally identifiable information such as your e-mail address and password. Information you submit to the Site also includes content that you create and publish on the Site, which will include such personally identifiable information as you may choose to include. When we refer to “personally identifiable information” in this Policy, we mean information that we can directly associate with a specific person or entity without additional information. To the extent you decline to share certain personally identifiable information with us, we may not be able to provide some or all of the features and functionalities found on the Site.

    Information Collected Automatically. When you use the Site, we automatically gather certain non-personally identifiable information from you. This includes usage information, such as information on when, how often and for how long you use the Site and the content you submit and view. This also includes server log data such as the IP address, operating system, or the webpage you were visiting before you came to our Site. As described below, we collect this information through a number of means, including server logs, cookies and other online tracking mechanisms. We may associate such non-personally identifiable information with the personally identifiable information that you provide in connection with the Site. But if we do so, we will treat the combined information as personally identifiable information.

    Analytics Sites. We use certain third party services to assist us in analysis, auditing, research, and reporting regarding the Site. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. In particular, we use Google Analytics to help collect and analyze certain information for the purposes discussed in this Policy. You may opt out of the use of cookies by Google Analytics at https://tools.google.com/dlpage/gaoptout.

    Transactions. If you participate in a transaction with another user of the Site, such as receiving or making a payment through the Site for a product, our third party payment processor will receive your payment information for purposes of processing such transaction and Company will receive such payment after any applicable fees have been deducted in accordance with Company’s agreement with such third party payment processor. Note that the Company does not receive your credit card information.

    Social Networking Information. You may create a Site account by logging in through a social networking site such as Facebook (such sites, “Social Sites”). Integration with Social Sites allows you to automatically populate your Site profile with information and content from your Social Site account profile and to invite your Social Site connections to join the Site. It also may allow us to better target our advertising within such Social Sites (to the extent enabled by the applicable Social Site). We will use, store and disclose such information and content in accordance with this Policy. Please remember that the manner in which Social Sites use, store and disclose your information and content (including with respect to any choices you may have to limit or control disclosure to us) is governed by the terms and conditions and privacy policies of each Social Site and any applicable privacy settings you may be able to control, and not the Company.
  4. Use of Information.

    We use the personally identifiable and non-personally identifiable information that we collect about you as follows:

    • We will use submitted information for the purposes for which you provided the information, including, for example, to create and maintain a Site account for you or respond to a question that you e-mail to us. We also use submitted information and collected information as necessary to provide the features and functionality of the Site to you.
    • We may send you e-mails regarding updates or modifications to the Site.
    • We use submitted information and collected information to personalize the content that you and others see based on personal characteristics or preferences.
    • We may analyze collected information relating to your use of the Site in order to help us improve the Site and develop and improve other products and services.
    • We may use submitted information and collected information to help troubleshoot problems, provide you with required notices, enforce our Terms of Use or to alert you to changes in our policies or agreements that may affect your use of the Site.
    • We may combine personally identifiable information collected through the Site with other information that we collect about you in other contexts—such as our communications with you via e-mail, phone or postal mail. We will handle such combined information in accordance with this Policy.
  5. Disclosure of Information.

    We disclose the personally identifiable and non-personally identifiable information that we collect about you as follows:

    • To the extent you submit content (such as comments or reviews of products) on the Site, it will be viewable by other Site users in accordance with the Site’s functionality.
    • We may provide advertisers and other third parties with aggregated, non-personally identifiable information about our user base and its usage patterns.
    • We may disclose personally identifiable information to third-party partners, including (without limitation) organizations and institutions with which you indicate an affiliation, in furtherance of our business arrangements with them, including without limitation to jointly offer a product or service to you or create interoperability between our products and services and the products and services of such partners.
    • The Company uses contractors and third-party service providers to provide the Site to our users and to help us provide services in connection with the Site. For example, we use third parties for email marketing and product fulfillment. Such third parties may receive information from us for use for such purposes.
    • We may report aggregated, de-identified data relating to activity on this Site to third parties or the general public. We may combine such data with data obtained from third-party sources in order to generate such reports.
    • We will use and disclose information where we, in good faith, believe that the law or legal process (such as a court order, search warrant or subpoena) requires us to do so; to investigate, prevent, or take action regarding illegal activities, suspected fraud, or violations of our terms and conditions; or in other circumstances where we believe is necessary to protect the rights or property of Company, our users, and third parties.
  6. Viewing and Amending Information. You can log into your Site account and view or amend your user account information at any time. Please note that while changes to your account information are reflected promptly in active user databases, our servers may retain previously provided information. Note that changes to, or deletion of, your Site account user information does not affect any other information collected by the Company, which the Company may retain and continue to use or disclose in accordance with this Policy.
  7. Choices Regarding Third-Party Offers. To the extent we send you commercial e-mails regarding third-party marketing or promotional materials, we will give you the ability to opt-out of receiving such e-mails in accordance with applicable law. We will not provide your personally identifiable information to third parties for their own marketing purposes without your consent.
  8. Online Behavioral Advertising. The Site may enable third-party tracking mechanisms to collect your non-personally identifiable information for use in online behavioral advertising. For example, third parties may use the fact that you visited the Site to send online ads for Company services to you on non-Company websites. In addition, our third-party advertising networks might use information about your use of the Site to help target non-Company advertisements based on your online behavior in general. For information about behavioral advertising practices, including privacy and confidentiality, visit the Network Advertising Initiative website at http://www.networkadvertising.org/understanding-online-advertising or the Digital Advertising Alliance website at www.aboutads.info.

    The use of online tracking mechanisms by third parties is subject to those third parties’ own privacy policies, and not this Policy. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. Additionally, you may remove yourself from the targeted advertising of companies within the Network Advertising Initiative by opting out at http://www.networkadvertising.org/choices/, or of companies participating in the Digital Advertising Alliance program by opting out at www.aboutads.info/choices. Like many websites, the Site does not currently respond to “do not track” browser headers, but you can limit tracking through these third-party programs by taking the steps discussed above.
  9. Security. The personally identifiable information we collect about you is stored in limited access servers. We will maintain reasonable safeguards to protect the security of these servers and your personally identifiable information. However, no security measures are 100% effective and we cannot guarantee the security of your personally identifiable information.
  10. Transfer As Corporate Asset. In the event of a merger, sale of capital stock or assets, reorganization, consolidation or similar transaction involving Company, the information we possess (including personally identifiable information) shall be transferred as a corporate asset to the acquiring entity, provided that such entity will continue to handle such information in accordance with this Policy.
  11. Transfer to the U.S. or other Countries. The Company is established in and uses facilities in the United States. Your information will be stored and processed in the United States or other countries where Company has facilities. By using the Site, you consent to the transfer of information outside of your country, even if your country has more rigorous data protection standards.
  12. Children Under 13. The Company does not knowingly collect information from children under 13 and the Site is intended for adults over the age of 18. If you are a parent and believe that your child under the age of 13 has used the Site and provided personally identifiable information to us through the Site, please contact us at founders@brunswickpark.co and we will work to delete that Site account and any such personally identifiable information.
  13. California Residents - Your California Privacy Rights. If you are a resident of California, you have the right to request a list of third parties to whom we have disclosed your personally identifiable information for their direct marketing purposes during the preceding year, pursuant to California Civil Code Section 1798.83. To make such a request, please send an email to founders@brunswickpark.co or write to us at: Brunswick Park 560 Harrison Ave. Suite 404 Boston, MA 02127. We are only required to respond to one request per customer each year.