When you visit the Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the Sites. 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.
MOBILE ACCESS & Text Messaging Terms
Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed. For all other help inquiries, please text HELP to the number from which you are currently receiving the Coupon Message.
Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact our wireless provider.
Your Duties for Your Own Phone Number. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us 979-830-9060 immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
The Sites are not intended for use by anyone under age 13. By accessing, using and/or submitting information to or through the Sites, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the Sites under the supervision of his/her parent or a legal guardian.
USERS AND ACCOUNTS
To use certain features of the Sites, you may need to create an account. If you create an account, you agree you will: (a) create only one account; (b) provide honest, accurate, current, and complete information regarding yourself; (c) keep your information updated and accurate; (d) keep your account password private and not share it with others; and (d) notify us if you discover or suspect that your account has been hacked or its security breached.
You agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account. You are responsible for providing the equipment and services that you need to access and use the Sites. We do not guarantee that the Sites are accessible on any equipment or device or with any software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the Sites or any component of them and to block or prevent future access to and use of the Sites and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the Sites will survive such termination.
PLACING ORDERS; BILLING & PAYMENT
LIMITED USAGE RIGHTS
Trademarks. The trademarks, trade dress, logos, and service marks (collectively the "Trademarks") displayed on the Sites are registered and unregistered Trademarks of Brannon Industrial Group, its affiliates, its third-party licensors, and others. You are not permitted to use any of the Trademarks displayed on the Sites, without the prior, express written consent of Brannon Industrial Group, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags or any other "hidden text" utilizing Brannon Industrial Group’s or its affiliates’ name or Trademarks without the express written consent of Brannon Industrial Group, its affiliates, or third-party licensors. All rights reserved.
Sites Materials. All Trademarks, and materials displayed on, or contained within the Sites, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the "Materials"), are the property of Brannon Industrial Group, its affiliates or its licensors and are protected by copyright, trademark, patent, and all other applicable intellectual property laws. You acknowledge and agree that the Sites and the Materials are the property of Brannon Industrial Group, its affiliates, and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Sites or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of Brannon Industrial Group or its affiliates without the express written consent of Brannon Industrial Group.
You agree that you shall not use the Sites: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Sites; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Sites, other websites, or the Internet. We reserve the right to terminate your use of our Sites for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Sites for illegal purposes.
If you are under the age of majority, you may use the Sites only with permission and involvement of a parent or guardian. Waste Management and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
SUBMITTING OR POSTING CONTENT
The Sites may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Sites or others ("Post"; Posting or "Postings"). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (i) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (ii) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary, releases, copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (iii) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.
Postings do not reflect the views of Waste Management or its affiliates. We do not have any obligation to monitor, edit, or review any Postings on the Sites. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Sites. At its sole discretion, Waste Management reserves the right to remove any Posting from the Sites.
NO ENDORSEMENT OF THIRD-PARTY SITES
The Sites may contain links to or references to third party websites, resources, and advertisers (collectively, "Third Party Sites"). Your linking to such Third-Party Sites is at your own risk. Under no circumstances shall Brannon Industrial Group be held responsible or liable, directly, or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third-Party Sites. Brannon Industrial Group also is not responsible for the availability of these Third-Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products, or other materials made available on or through such Third-Party Sites. No endorsement of any third-party content, information, data, opinions, advice, statements, goods, services, or products is expressed or implied by any information, material, or content of any third party contained in, referred to, included on, or linked from or to, the Sites. You should direct any concerns to the respective Third-Party Site’s administrator or webmaster.
COPYRIGHTS AND DIGITAL MILLENNIUM COPYRIGHT ACT
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on our Sites. Please mail all infringement claims to Brannon Industrial Group 1555 TX HWY 6 N, Brenham, TX 77833.
DMCA Infringement Notification. To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted.
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Brannon Industrial Group will remove or disable access to the content that is alleged to be infringing;
- Brannon Industrial Group will forward the written notification to the alleged infringer; and
- Brannon Industrial Group will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification. Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Brannon Industrial Group, the alleged infringer will have the opportunity to respond to Brannon Industrial Group with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Brannon Industrial Group’s designated copyright agent, and must include the following:
- A physical or electronic signature of the alleged infringer.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which Brannon Industrial Group may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.
TERMINATION / REMOVAL
DISCLAIMER OF WARRANTIES
Brannon Industrial Group and its affiliates attempt to be as accurate as possible. However, Brannon Industrial Group does not warrant that descriptions of services or other content on the Sites are accurate, complete, reliable, current, or error-free. Neither Brannon Industrial Group nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
THE SITES ARE PROVIDED BY BRANNON INDUSTRIAL GROUP AND ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BRANNON INDUSTRIAL GROUP, ITS AFFILIATES AND ITS LICENSORS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. BRANNON INDUSTRIAL GROUP AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES, ITS SERVERS, OR E-MAIL SENT FROM BRANNON INDUSTRIAL GROUP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BRANNON INDUSTRIAL GROUP, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. WASTE MANAGEMENT AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.
BRANNON INDUSTRIAL GROUP AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITES AT ANY TIME WITHOUT NOTICE. BRANNON INDUSTRIAL GROUP AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY STORAGE SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL BRANNON INDUSTRIAL GROUP, ITS AFFILIATES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES OR WITH THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, SOFTWARE AND SERVICES OBTAINED THROUGH THE SITES, BRANNON INDUSTRIAL GROUP’S REMOVAL OR DELETION OF ANY MATERIALS ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF BRANNON INDUSTRIAL GROUP OR ANY OF ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BRANNON INDUSTRIAL GROUP, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES.
All users of our Sites acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Sites, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorney’s fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. Brannon Industrial Group reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Sites.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.
LIMITATIONS ON ACTIONS
LEGAL DISPUTES & ARBITRATION AGREEMENT
Please Read This Section Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
The following sections below apply to legal disputes between Brannon Industrial Group and a customer.
- Initial Dispute Resolution. We are available by email at firstname.lastname@example.org or go to www.bigcompany.com/contact to find the appropriate customer service for your area to help address any concerns you may have regarding the Sites or any services you have ordered from us. Most concerns may be quickly resolved in this manner. We and you agree to use best efforts to settle any disputes disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you are a consumer and you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250.00), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, the consumer submitting the claim also should submit a request for payment of fees to JAMS along with Customer’s form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. Brannon Industrial Group will also be responsible for paying all other arbitration costs arising in connection with any consumer-initiated arbitration and, in such cases, the consumer filing the claim will not be required to pay fees and costs incurred by BIG if Customer does not prevail in arbitration. The foregoing fee-related provisions will not apply in the case of disputes with commercial parties, which instead will be governed by the JAMS standard rules on fees.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration – and any suit that, for any reason whatsoever, is deemed not covered by or subject to the above arbitration agreement— shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and we each expressly waive their rights to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph within the context of disputes subject to arbitration is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in paragraph B above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception - Small Claims Court Claims, Intellectual Property Rights, and California Private Attorney General Act Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, (i) either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction, (ii) Brannon Industrial Group may seek relief in any court of competent jurisdiction to seek injunctive or other equitable relief to protect its intellectual property rights relating to the Sites, and (iii) either party may seek relief in a court of law for a claim arising under California’s Private Attorney General Act.
- 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in paragraphs B, C and D above by sending written notice of your decision to opt-out to the following email: email@example.com. The notice must be sent within thirty (30) days of enrolling for any services from us via the Sites; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in paragraph B do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Brenham, Texas (except for small claims court actions which may be brought in the county where you reside, or intellectual property claims by us which may be brought in any appropriate court of competent jurisdiction); the parties expressly consent to exclusive jurisdiction in Brenham, Texas for any applicable litigation other than these limited excluded court actions as well as to service of process by registered mail or any other method allowed by law.
The Sites are controlled and operated by Brannon Industrial Group in the United States. We do not make any representations that the Sites or any services offered via the Sites are available or appropriate for use in your location. Your use of or access to the Sites should not be construed as us purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction.
CONTACT BRANNON INDUSTRIAL GROUP
Last updated on August 24, 2022.
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