Terms & Conditions
Effective Date: February 18, 2020
Welcome to the Brand A Mask website (“the Site,” “we,” “us,” or “our”). Brandemic LLC (BAM or Brand A Mask), provides the Site as a service to its customers. Please read the following terms of service (“Terms”) as they govern your use of our Site, including the purchase of products on the Site (“Products”) or other services available on the Site (“Services”). By using the Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.
Additionally, Brandemic reserves the right to modify these Terms at any time without prior notification. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our these Terms as currently effective. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Brand A Mask WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
DESCRIPTION OF BRAND A MASK
Brand A Mask is an online retailer of custom branded face masks.
All of the content that appears on the Brand A Mask’s website, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by Brand A Mask. The entire content of the Brand A Mask website is copyrighted as a collective work under U.S. copyright laws. Brand A Mask grants you a limited license to access and make personal use of the content on this website. Content of the Brand A Mask website is intended solely for the personal, noncommercial use by the users of our Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe any materials accessible on the Site infringe your copyright, or a copyright belong to a third party in violation of the Digital Millennium Copyright Act, you may request removal of those materials (or access thereto) from the Site by contacting our copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complaint of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Brand A Mask agent for copyright issues is as follows:
Brand A Mask
Attn: Customer Support
Membership for Brandamask.com is free. However, our membership services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the Brand A Mask systems. Members agree to all these Terms and must only apply for membership if eligible.
Brand A Mask offers recurring, discounted shipments for Products in one month, three month, and six month increments. Subscriptions will remain in effect, and your credit card will be charged every one, three or six months (as applicable) until you cancel your subscription or until we discontinue the subscription program. We may elect to modify or discontinue the subscription program at any time. You will be notified of any such discontinuation or modification. Please review our Subscriptions FAQ section for further detail.
Brand A Mask may contact you or provide you with service-related and/or promotional notices by means of postal mail, electronic mail, general site notifications and more using the contact information you have provided to us.
At Brand A Mask, we are committed to providing our customers with great quality Products at reasonable prices. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur. If you are not satisfied with your purchase, please review our Returns & Exchanges section section for further assistance.
FINAL SALE POLICY
All Products on this site are denoted as Final Sale are not eligible for exchange, credit or refunds. Price adjustments will not be provided to previous orders.
You cannot access or use the Site for any illegal or unauthorized purpose. Harassment in any manner or form of the Site, including via e-mail and chat or by obscene or abusive language, is strictly forbidden. Although Brand A Mask cannot monitor the conduct of its users, it is a strict violation of these Terms to use any information obtained from our Site in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Also, you agree that no comments or other user submissions submitted by you to the Brand A Mask website will violate any right of any third party, including copyright, trademark, privacy or other personal rights. You further agree that no comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
Brand A Mask strives to create an interactive relationship with the members of its Site and services. User comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Brand A Mask on or by this Site shall be and remain Brand A Mask property. Users assign all property rights and interests to Brand A Mask allowing our company unlimited use, commercial or otherwise, of any comments. Furthermore, Brand A Mask shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to users any compensation for any comments; or (3) to respond to any user comments.
CORRECTION OF SITE ERRORS
The information on the Brand A Mask website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.
ACCOUNT AND PASSWORD
If you establish an account with us, you will be requested to select an ID and password. You promise to provide us with accurate, complete, and updated registration information about yourself. To keep your account secure, you are responsible to protect the security of your account and not share your account ID or password with anyone, You are responsible for all activity associated with your account.
You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent’s or guardian’s permission to access the Site and to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
By use of this Site, Services or Products, you agree to indemnify and hold Brand A Mask (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any third party claim or demand, as well as losses, expenses, damages, fees (including attorneys’ fees and court costs) and other costs, resulting from your violation of these Terms or any activity related to your account (including negligent or wrongful conduct), and your access to and use of the Site, Services and Products (unless otherwise prohibited by applicable law).
We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You further agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Site and/or Services.
TERMINATION OF SITE, SERVICES OR ACCOUNT
Brand A Mask reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, Services, including your account, at any time for any reason without prior notice or liability. In the event of termination of the Site, Services, or account, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Brand A Mask shall not be liable to you or any third-party for any termination of your access.
THIRD PARTY LINKS
To improve our Site, Brand A Mask may use and promote services provided by outside third parties. However, even if the third party is affiliated with Brand A Mask, we do not control these services and make no representations regarding these persons or entities. We make no warranties or representations regarding these third-party sites, and we are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability, available products or services, of any such sites. Third party sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.
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. You access and use of these third-party websites and their services or products at your sole risk.
DISCLAIMER OF WARRANTIES
All content, Products, and Services on the Site, are provided to you “as is” without any guarantees or warranty of any kind, either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Use of the Site, Products and Services at the user’s risk.
LIMITATION OF LIABILITY
Brand A Mask (and its officers, directors, agents, subsidiaries, joint ventures, and employees) shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to loss of revenue, profits, goodwill, use of data, lost opportunities or business interruptions (or other intangible losses) that result from your access and use of, or your inability to access or use, the Site, Services on this site or the performance of any its Products (even if Brand A Mask was advised of, knew of or should have known of the possibility of such damages) and regardless of whether such damages are based in contract, tort (including negligence and strict liability), warranty, statute or otherwise, unless prohibited by applicable law. Our total liability for claims related to your use of the Site, Services and Products is limited to the (a) the total amount of the order of Products giving rise to our liability or (b) $500, whichever is greater.
LIMITATION ON LEGAL ACTION
You and Brand A Mask agree that any cause of action arising out of or related to the Site or Services must be initiated within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.
Please read this Arbitration Agreement carefully because it requires you to arbitrate certain disputes and claims with Brand A Mask and limits the manner in which you can seek relief from Brand A Mask. Both you and Brand A Mask acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Brand A Mask officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Miami Beach, Florida. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator who shall be selected from the appropriate list of JAMS arbitrators in accordance with such its rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. The JAMS rules will govern payment of all arbitration fees.
Notwithstanding the foregoing, either you or Brand A Mask may assert claims, if they qualify, in small claims court in Miami-Dade County , State of Florida or the United States county where you live.
YOU AND Brand A Mask WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Brand A Mask are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Brand A Mask over whether to vacate or enforce an arbitration award, YOU AND Brand A Mask WAIVE ALL RIGHTS TO A JURY TRIAL and elect instead to have the dispute be resolved by a judge.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor Brand A Mask is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in main below.
In any circumstances where the foregoing arbitration agreement permits either you or Brand A Mask to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Brand A Mask agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Miami-Dade County, State of Florida.
If any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the JAMS rules, the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
This Arbitration Agreement will survive the termination of your relationship with Brand A Mask.
These Terms are governed by the laws of the State of Florida without giving effect to its choice of laws principles, and consistent with the Federal Arbitration Act.
If you have questions regarding these Terms, please contact us at:
Brand A Mask
Attn: Question for Brand A Mask