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Last Updated on April 14th, 2022
Welcome to BrandsWalk and our Terms of Service. Understanding the Terms of Service is important because, by using our services, you are agreeing to these terms. These Terms of Service describe your rights and responsibilities when utilizing TW Rock, Inc. (DBA BrandsWalk), and all of its subsidiaries, successors in interest, and assigns (collectively, “BrandsWalk”), website www.brandswalk.com, all related websites, products, and services.
THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT (Section 21), WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED BELOW) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. BY USING THIS SITE YOU WILL BE BOUND TO ARBITRATE ANY DISPUTES ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED BELOW (Section 20.11). BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THE ARBITRATION AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.1. Eligibility
You agree that by using this Site, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence and legally able to enter into a contract. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.2. Modifications
We reserve the right, at our sole discretion, to change or modify portions of the Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date the Terms of Service was last revised. You may read a current, effective copy of the Terms of Service at any time by selecting the “Terms of Service” link on the Site. Your continued use of the Site or services after any such changes constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Terms of Service, do not use or access (or continue to use or access) the Site.3. Site
We grant you a limited license to access and use the Site for your personal use, and to copy, distribute, transmit and print the content of this Site only to the extent that such copying, distribution and transmission is automatically done through your browser software incidentally to using the Site for your personal use. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings or descriptions; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or data gathering and extraction tools.
BrandsWalk grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print content only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the content.
Except as permitted above, this Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of BrandsWalk You may not use any meta tags or any other "hidden text" utilizing BrandsWalk's name or trademarks without the express written consent of BrandsWalk. Any unauthorized use terminates the permission or license granted by BrandsWalk.
We reserve the right to change any information, features and functions of the Site without prior notice. We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct or activities that we determine, in our sole discretion, violate these Terms of Service, our rights or the rights of any third party. Use of the Site for any illegal or unauthorized purpose is strictly prohibited. We reserve the right to cancel orders due to suspected fraudulent activity at our sole discretion. The sale or linking of our products on or to any third party e-commerce site, marketplace or mobile application without our specific written consent is prohibited.4. Guidelines for Using the BrandsWalk services
Your use of the BrandsWalk services and the related licenses granted hereunder are also conditioned upon your strict adherence to the letter and spirit of the various applicable guidelines detailed on BransdWalk’s Terms of Service. We may modify such guidelines in our sole discretion at any time. We reserve the right to terminate your account and access to the BrandsWalk services if it is determined that you have violated any such applicable guidelines.5. Registration of Account
To register and open an account, complete the registration form by providing information such as your valid email address and creating a password to register your profile.
Each time you use your password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms of Service and BrandsWalk has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND IDENTIFICATION WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
As a registered account holder of the Site, we may send you emails promoting any special offer(s), including third party offers, as well as monthly newsletters, unless you opt-out at any time either in your account settings, by using unsubscribe buttons in emails you receive from us or by emailing us at firstname.lastname@example.org indicating that you would like to unsubscribe from marketing emails.6. Billing and Payments on BrandsWalk
We accept the following bank or credit cards: Visa, MasterCard, and American Express. We also accept PayPal, Apple Pay, Shop Pay, Amazon Pay, and Coinbase Commerce. For your convenience, we will save your payment information.
You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your future purchases and subscriptions. Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.
We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal service notification. We will replace products and credit your account at our discretion.
All Canadian sales occur in the US. The risk of loss and title for items purchased by Canadian customers passes to you upon our delivery of the items to the carrier, which occurs in the US. The carrier acts on behalf of the Canadian customer to deliver the purchased items into Canada. Canadian customers are responsible for all applicable sales, retail, commodities, goods and services, harmonized, excise, VAT, indirect taxes and like taxes, fuel surcharges and all other taxes, duties, customs, levies, fees, charges, retributions, import and export taxes and charges, liabilities and/or other rights assessed or levied or to be assessed or levied in the future by any competent public, government, legal, taxation, customs agency, department or other federal, provincial, state, municipal or local authority.7. Returns
Returns are accepted within 30 days of your order date for orders placed on www.brandswalk.com and shipping within the contiguous United States. Returned item(s) must be returned in good condition, in original boxes and tags, with all paperwork, parts and accessories to ensure a refund. After we receive your returned items, we will process your refund onto your original form of payment. Original shipping and handling fees and "Duties & Taxes Reimbursements" will not be refunded. Please allow 5-10 business days from receipt of your returned item(s) for your refund to post. Please note that all sales to Canada, Hawaii, Alaska and APO/FPO addresses are final. For more information on returns, refunds and exchanges, please review the policies below. If you would like to exchange or return a product, please contact us at email@example.com. For more detailed information on BrandsWalk’s return policy, please refer to https://brandswalk.com/pages/return-policy.8. Warranty Disclaimer
BRANDSWALK IS AN AUTHORIZED DEALER FOR ALL BRANDS SOLD ON WWW.BRANDSWALK.COM. EACH BRAND MANUFACTURER OFFERS ITS OWN PRODUCT WARRANTY AND THE CUSTOMER IS ADVISED TO CONTACT THE MANUFACTURERS DIRECT FOR WARRANTY INFORMATION. HOWEVER, IF YOUR ITEM IS DEFECTIVE, AND IS REPORTED TO BRANDSWALK WITHIN 30 DAYS, WE WILL ISSUE A FULL REFUND ONCE THE ITEM IS RETURNED.9. Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE LIMITATION OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. BRANDSWALK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF BRANDSWALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER CALIFORNIA LAW.10. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.11. Copyright
The technology underlying the Site and the entire contents of the Site including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada and other copyright laws, and is the property of BrandsWalk and protected by copyright and other intellectual property or proprietary rights.12. Trademarks
All trademarks, service marks and trade names of BrandsWalk on the Site are trademarks or registered trademarks of BrandsWalk or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.13. Indemnification
You agree to indemnify, defend and hold harmless BrandsWalk, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Service, or any activity related to use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your identification or password.14. Privacy
This Site may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of BrandsWalk. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.16. Arbitration Agreement: United States Only
By agreeing to the Terms of Service, You agree that You are required to resolve any claim that You may have against the Site on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude You from bringing any class, collective, or representative action against the Site, and also preclude You from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against the Site by someone else. You and the Site agree that any dispute or claim relating in any way to your use of the Site, to your purchase or use of any the Site’s product, or to your participation in the membership program, will be resolved by binding individual arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, any dispute, claims, or controversy arising out of or relating to any part of the Terms of Service, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as You and the Site mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms of Service as a court would.
No Class Actions: You and the Site each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and the Site agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights.
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Service.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of California, without regard to its conflict of laws provisions.17. Termination
These Terms of Service are applicable to you upon your accessing this Site. The provisions relating to Copyrights, Trademark, Warranty, Disclaimer, Limitation of Liability, Privacy, Submissions, Indemnification, Arbitration and Miscellaneous, shall survive any termination of these Terms of Service.
18. Gift Card Terms & Conditions for BrandsWalk18.1 Overall Policies
Gift cards are available in any denomination between $10.00-$1000.00 USD. The amount of the gift card that you purchase will be charged to your bank or credit card upon your confirmation and submission of the order.18.3 Redemption
To make a purchase with a BrandsWalk gift card, the gift card holder must visit www.brandswalk.com to redeem the gift card toward the purchase of eligible products from BrandsWalk. Each purchase amount will be deducted from the gift card total credit balance until that balance equals zero. If an order exceeds the amount of total available credit on the gift card, the remaining balance must be paid with another form of payment.18.4 Expiration
BrandsWalk gift cards have no expiration date.18.5 Limitations
Gift cards cannot be used to purchase other BrandsWalk gift cards and they cannot be reloaded, resold, transferred for value, redeemed for cash or applied to any other account, unless otherwise required by law.18.6 Refunds
Gift card purchases cannot be refunded.18.7 Risk of Loss
We are not responsible if a gift card is misplaced, lost, stolen, destroyed or used without your permission, and we have no obligation to replace a gift card under such circumstances.18.8 Fraud
BrandsWalk reserves the right to close member accounts and request alternative forms of payment if a fraudulently obtained gift card is redeemed and/or used to make purchases on the www.brandswalk.com website or mobile application.18.9 Limitation of Liability
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
BRANDSWALK MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED CALIFORNIA LAW.18.10 Contact Information
For questions about BrandsWalk gift cards, please contact us at firstname.lastname@example.org