BRACKITZ.COM

Welcome to the Brackitz website with a homepage located at www.brackitz.com (the “Website”) and operated by or for Building Creative Kids, LLC (“Operator”, “we”, “our”, or “us”). The Website is intended primarily to enable visitors to the Website (“you” or “your”) to view and learn about us and our products. 

1.   Use. Please read these terms of use (the “Agreement”) carefully before accessing the Website. By accessing the Website, you acknowledge and agree that you have read this Agreement and wish to be bound by the terms and conditions set forth in the Agreement. If you do not wish to be bound by the Agreement, you are not authorized to use this Website. Additional terms and conditions may apply to certain portions of the Website, and your use of such portions of the Website indicates your agreement to such terms and conditions. Operator reserves the right to modify the Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications. You further agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We will provide reasonable notice that a modification to the Agreement has been made (which such notice may be made by, for example, posting a notification on the Website). If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer of the Website’s homepage.   You represent that you have the legal authority to enter into this Agreement and to be bound by its terms.  You understand and agree that we provide the Website for promotional purposes only, and that it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of all information appearing on the Website.  We do not warrant that information provided on the Website is complete, current, or error-free.  When using the Website, you agree to comply with all applicable federal, state, and local laws.  Your right to access the Website and any Content (defined below) is conditioned on your continued compliance with all terms of this Agreement.  Furthermore, your limited right to access the Website may be revoked by us at any time for any reason or no reason.

2.   Restrictions.  You agree not to use the Website for any deceptive or fraudulent purpose.  Furthermore, you may not (i) disable, circumvent, or otherwise interfere with security-related features of the Website; (ii) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notices on the Website or Content (defined below) or on any copy you make of the Content; (iii) harvest or collect any personally identifiable information from the Website; (iv) use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Content (defined below) for any purpose without the express written permission of us, frame the Website or Content except to the extent we have given you explicit permission to do so, or use any of our trademarks as meta tags; (v) attempt to or interfere with the proper working of the Website or impair, overburden, or disable the same; (vi) use network-monitoring software to determine architecture of or extract usage data from the Website; (vii) decompile, reverse engineer, disassemble, modify or attempt to discover any Website source or object code or any software or other products, services or processes accessible through any portion of the Website; or (viii) engage in any conduct that restricts or inhibits any other user from using or enjoying the Website or that violates this Agreement or any additional terms posted by us on the Website.

3.   Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively, “Content”), is the property of Operator, its affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited, however, you may view and print one (1) copy of any Content or portion thereof contained on the Website for your personal, non-commercial use only. If you use material appearing on the Website contrary as set forth in the Agreement, you may be liable for infringement, misappropriation or other causes of action to the fullest extent of the law.

4.   Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Operator or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits us. 

5.   Links and Third Party Services. Operator and/or third parties may provide links to other websites and services of possible interest to you. Because we have no control over such websites and services, you acknowledge and agree that we are not responsible for the delivery, security, or availability of such websites and services and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites and services. You assume sole responsibility for your use of third-party links, websites, products, and services.  All such websites shall be subject to the terms, policies and procedures of the owner of such websites.  You should review the terms and policies of the third parties with whom you interact before submitting any information to them.  

6.   DISCLAIMER OF WARRANTIES. 

6.1 YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. OPERATOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. OPERATOR IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU "AS IS" AND OPERATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, OPERATOR DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. 

6.2 YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL OPERATOR BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. OPERATOR DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. 

7.   LIMITATION OF LIABILITY.     

7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OPERATOR BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. OPERATOR’S AND ITS AFFILIATES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO US IN THE PAST TWELVE MONTHS IN CONNECTION WITH YOUR ACCESS TO THE WEBSITE (OR, IF WE CHOOSE, TO SUPPLY YOU WITH ACCESS AND USE OF THE WEBSITE AGAIN). 

7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7  HEREOF MAY NOT APPLY TO YOU.

The Website is controlled and operated from facilities in the United States. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

8.   Indemnification. You agree to indemnify, defend and hold Operator and any of its affiliates, and their employees, directors, members, officers, agents, and third party licensors, harmless from any claim, loss, expense or demand, including without limitation reasonable attorneys’ fees, arising from claim(s) due to or arising out of  (i) your actual or alleged breach of this Agreement, (ii) your actual or alleged violation of any law or the rights of a third party, (iii) your access, use or misuse of the Website, and/or (iv) your acts or omissions. 

9.   Commercial Use. Aside from requesting information about our business, you acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors. 

10.   Privacy. Operator is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable and other information in connection with the Website is described in our Privacy Policy, which can be found at the following URL: brackitz.com/privacy-policy.  You hereby consent to the information practices described in our Privacy Policy in all respects.

11.   Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.12.   General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Operator, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties. 13.   Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at info@brackitz.com.

Offer Codes
From time to time, we may offer promotional or offer codes that are redeemable towards a purchase of products on the Site, subject to expiration dates, product exclusions and any other restrictions as may be determined and communicated by us in our sole discretion (“Offer Codes”). Each Offer Code (i) is non-transferable, (ii) is valid for one single purchase on the Site, (iii) cannot be combined with other promotions, discounts or offers, and (iv) cannot be redeemed for cash or any cash equivalent. Offer Codes cannot be used towards taxes, or shipping charges. We are not responsible for any unauthorized use of Offer Codes. The monetary value of the Offer Code will not be refunded or credited back if the product purchased using the Offer Code is returned. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited.

Last Modified: November 25, 2019