PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
Bravilor Bonamat LLC and its subsidiaries and affiliates (collectively “Bravilor Bonamat” or “we” or “our”) provides this website subject to the terms and conditions set out below. Please carefully read the following Terms and Conditions (the “Terms”) before using this website at www.bavilor.com (the “Site”). By using our Site in any manner, including but not limited to visiting or browsing, you accept these Terms and agree to abide by them. IF YOU DO NOT AGREE TO THESE TERMS YOU ARE NOT AUTHORIZED TO USE OUR SITE.
Acceptance of the Terms
The Terms are a legal and binding agreement between you and Bravilor Bonamat governing your use of the Site. By accessing and/or using the Site you signify that you have read, understand and agree to be bound by the terms and any other applicable law. If you do not agree with the Terms, please discontinue use of the Site. Please also note that the terms and conditions of the Terms are in addition to any other agreements that govern the products, services, content and information available on the Site. The Terms do not alter in any way the terms and conditions of any other agreement you may have with Bravilor Bonamat, or its subsidiaries or affiliates, for any products or services or otherwise.
Right To Change Terms
Your use of the Site is governed by the version of the Terms in effect on the date of use. Bravilor Bonamat reserves the right to modify the Terms from time to time without prior notice. Your continued use of and access to our Site after any such change is posted will be considered acceptance of such changes. Accordingly, you should check the date of the Terms (which appear at the top of the Terms) and review any changes since the last version. If at any time you do not agree to these Terms, please do not use this Site.
Privacy Policy
Please review our Privacy Policy for information on how Bravilor Bonamat collects, uses and discloses information it obtains from users of this Site. By using the Site, you also agree to the most recent version of the Privacy Policy in effect. We may change the Privacy Policy at any time, and such changes will be posted on the Site.
Accuracy, Completeness and Timeliness of Information
Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on this Site, we are not responsible if the information that we make available on this Site is not accurate, complete or current. Any reliance upon the material on this Site shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Site.
Intellectual Property Rights
Copyright
Bravilor Bonamat is the owner of all copyrights in and to the content of the Site, including but not limited to text, graphics, photographs, artwork, images, audio clips, video clips, data computer code, software, logos, product images, product manuals and specifications and other material. All rights reserved.
Trademarks
Bravilor Bonamat owns all proprietary rights in and to the trade name and trademark Bravilor Bonamat as well as other names and marks identified in this Site. This Site may also contain trade names and trademarks of other companies that are the property of their respective owners.
Permission to Use Site Content
Bravilor Bonamat is the owner of all copyrights, and reserves all rights relating to the content on the Site. Bravilor Bonamat grants you limited permission to download and use product images and illustrations, operating and user manuals and instructions, product specifications, from the Site for personal noncommercial use only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site for any reason is strictly prohibited.
User Name/Password
In order to create a Login Account on this Site, you must be at least eighteen (18) years old and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications and promotional materials from Bravilor Bonamat and its affiliated entities.
User Content
If you send, post, or otherwise provide to Bravilor Bonamat any comments, content, reviews, or other materials (“Materials”), such Materials will be treated as non-confidential and non-proprietary. Bravilor Bonamat has a company policy against accepting unsolicited product ideas in order to avoid any conflicts or confusion concerning ownership of such ideas. By posting any such Materials, you represent to Bravilor Bonamat and the other users of the Site that you have the right to reproduce the Materials on the Site. You retain whatever ownership you may have in the Materials you post, but by posting them to the Site, you grant to Bravilor Bonamat a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license (with rights to sublicense) to use, reproduce, derive, distribute, compile, sell, offer for sale, and commercialize any ideas, concepts, know-how, techniques or copyrighted content contained in such Materials in any way and for any purpose whatsoever. Bravilor Bonamat shall have no obligation of any kind with respect to such Materials and will be free to use, reproduce, derive, distribute, delete, compile, sell, offer for sale, and commercialize the materials to others, without limitation.
Third Party Sites
This Site may contain links to third-party Sites and services, including social media (collectively “Linked Sites”). Bravilor Bonamat makes no representations or warranties about any Linked Sites you may access through this Site. Access to such Linked Sites does not constitute an endorsement of that Site or the products or services contained therein and are provided solely as a convenience to you. Your access to the Linked Sites is at your own risk.
Links
Hyperlinking to our Site is permitted only if our Site content is shown in its entirety, without alteration and without framing. You may hyperlink directly to specific pages or files available on our Site provided that your intended visitors' use is for informational and/or reference purposes only. You may not use links to access pages, files, or graphics on our Site or otherwise use our Site to host content for your Site. We are not responsible for (and under no circumstances shall be liable for) updating your Site or any links you make to our Site or for providing you notice regarding changes to our Site that may affect your links.
Site Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. ALL CONTENT ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BRAVILOR BONAMAT EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENT ON THE SITE, ALTHOUGH BRAVILOR BONAMAT MAY MODIFY THE CONTENT AT ANY TIME WITHOUT NOTICE. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE. BRAVILOR BONAMAT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE FUNCTIONS CONTAINED IN THE SITE WILL FUNCTION WITH OTHER SOFTWARE OR HARDWARE, OR WITHIN A PARTICULAR SYSTEM. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU FURTHER ACKNOWLEDGE THAT BRAVILOR BONAMAT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT SHALL BRAVILOR BONAMAT OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF BRAVILOR BONAMAT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE THIS SITE OR RELIANCE ON THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
To the maximum extent permitted by applicable law, by visiting this Site, you agree to hold harmless Bravilor Bonamat, and any affiliated Bravilor Bonamat entity, their officers, directors, employees, sponsors, and agents (“Covered Parties”) from and against all claims, actions, demands, liabilities, judgments and settlements, including, without limitation, from any direct, indirect, incidental, consequential, special, exemplary, punitive or any other claim you may incur in connection with your use of this Site, including, without limitation, any economic harm, personal injury, lost profits, damages to business, data or computer systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, computer failures, deletion of files, errors, omissions, inaccuracies, defects, viruses, delays or mistakes of any kind, even if you have previously advised Bravilor Bonamat of the possibility of such claim. Your sole remedy for dissatisfaction with the service is to stop using the Site.
This Site Is Not For Use By Minors
You must be at least eighteen (18) years old to use this Site. By accessing, using and/or submitting information to or through this Site, you represent that you are at least 18 years old.
Bravilor Bonamat does not knowingly solicit data from children or knowingly market to children. Bravilor Bonamat is concerned about the safety of children and their use of the Internet. Therefore, in accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that Bravilor Bonamat receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, Bravilor Bonamat will delete that information from the Site as quickly as is reasonably practical.
Applicable Law
You agree that any controversy or claim arising from or pertaining to the use of this Site shall be governed by the laws of the State of Illinois, without giving effect to the principles of conflicts of laws in such state or worldwide.
Term & Termination
These Terms are effective from the date that you first access the Site and continues in effect until terminated in accordance with these Terms. Bravilor Bonamat may terminate your access to the Site or the Services at any time for any reason. Cause for such termination shall include, but not be limited to breaches or violations of these Terms.
Equitable Remedies
You agree that, if the terms of these Terms are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es).
Dispute Resolution
In the event of any dispute arising out of these Terms, you and Bravilor Bonamat each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and Bravilor Bonamat agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or Bravilor Bonamat may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Chicago, Illinois U.S.A. Costs of mediation shall be borne equally by both you and Bravilor Bonamat. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and Bravilor Bonamat agree to extend the time by mutual agreement or unless the mediator declares you and Bravilor Bonamat to be at an impasse. Notwithstanding the above, in the event that Bravilor Bonamat believes that immediate injunctive relief is required to protect its rights, Bravilor Bonamat may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
Miscellaneous
If any provision of these Terms is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms.
Failure by us to enforce any particular term of these Terms shall not be construed as a waiver of any of our rights hereunder.
Nothing contained in these Terms will be deemed to constitute Bravilor Bonamat or you as an agent or representative to the other or joint venture or partners.
These Terms and each supplemental agreement referenced in or referencing these Terms together with our Privacy Policy constitutes the entire agreement between you and Bravilor Bonamat with respect to the Site and the Services.
Notice To California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the Site is:
Bravilor Bonamat LLC
1204 Bilter Road
Aurora, IL 60502-4729
USA
Telephone: (630) 423-9400
To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the attention of “Customer Service” at the above address or contact Bravalor Bonamat via e-mail at info.us@Bravilor.com (with “California Resident Request” as the Subject Line).
