Terms of Use
WELCOME TO THE WEBSITE
Please abide by the Terms of Use that follow, which govern the use of our website (the “Website”) which is operated by BIC Acquisition LLC and its affiliates ("Brigham’s®", "we", “our” or “us”). Please read them carefully, because when you use the Website, you automatically agree to be bound by them. If you do not agree to and accept these Terms of Use, please do not use the Website.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE WEB SITE
The following terms govern your accessing, downloading, viewing or using any software, graphic content, text content, files, images incorporated in or generated by software, and all data accompanying it, and any other intellectual property on the Website (collectively, the “Materials”). The Materials are the intellectual property of and owned or licensed by Brigham’s and its affiliates.
(1) You agree not to re-use any Materials from the Website. In particular, you agree not to copy, sell, license, distribute, republish, upload, post, publicly display or perform, modify, make derivative works from, transmit, translate or otherwise use any Materials from the Website unless you get our written consent first.
There's one exception: you may download Materials onto one computer or device for your personal, non-commercial use only, provided you don't delete or change any copyright, trademark, or other proprietary notices. Please don't modify the Materials or use them for any other purpose; if you do, you'll be violating our intellectual property rights.
Materials from the Website may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.
(2) Everything you download – including any and all Materials – is the property of Brigham’s and is protected by the copyright and other intellectual property laws of the United States and other countries. All content that you view or use in the Website is considered licensed to you by Brigham’s on a limited, nonexclusive, nontransferable basis.
In the case of software, that means that we retain full and complete title to the software and to all of the associated intellectual property rights. So you're not allowed to redistribute or sell the Materials. In addition, you are not allowed to reverse-engineer, disassemble, or otherwise convert software to any other form that people can use.
(3) Brigham’s owns all rights and title in and it its Marks. Brigham’s trademarks, service marks, trade names and logos (collectively, “Marks”) used and displayed on the Website are registered and unregistered trademarks of Brigham’s, or its licensors, and are protected by state and federal laws and regulations. You may not use or reproduce any of Brigham’s Marks for any purpose without first obtaining our written permission.
Third party company, product or service names appearing on the Website may be trademarks of third parties. These trademarks also may not be used or reproduced without the express written consent of Brigham’s and the respective owner(s) of the mark(s).
PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise
• To transmit, or procure the sending of, any advertising or promotion material, including any “junk mail” or “spam” or any other similar solicitation
• To impersonate or attempt to impersonate Brigham’s, an employee, another user or any other person or entity
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which Brigham’s determines may harm it or users of the Website.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the Material or Brigham’s Marks
• Use any manual process to monitor or copy any of the Material or Brigham’s Marks or for any other unauthorized purpose
• Use any device, software or routine that interferes with the proper working of the Website
• Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, or any server, computer or database connected to the Website
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack
• Otherwise attempt to interfere with the proper working of the Website.
PRIVACY
You can access our Privacy Policy which covers the Website Privacy Policy.
Third-party web sites have their own policies regarding privacy. Please be aware of this review any applicable third party privacy policies.
LINKS
The Website may contain links to third-party web sites. These links are provided solely as a convenience to you, and should not be considered as an endorsement by Brigham’s of the content on, or owners of, any such third-party sites. The content of such third-party sites is provided entirely by others, and Brigham’s has no responsibility for such content. You should take precautions whenever you download files from any web sites to protect your computer from viruses or other destructive programs. If you decide to access third-party sites, whether or not through links provided on the Website, you do so at your own risk.
The Website may provide certain social media features that, among other things, may enable you to:
• Link from your own or certain third-party websites to certain content on this Website
• Send e-mails or other communications with certain content, or links to certain content, on this Website
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. We may disable all or any social media features and any links at any time without notice in our discretion.
IF YOU SUBMIT MATERIAL TO US
(1) Certain areas of the Website may ask you to register with us. All registration information is handled according to our Privacy Policy. Please click here to access the Privacy Policy and learn more about registration information.
(2) All remarks, suggestions, ideas, graphics, or other information that you communicate to Brigham’s through this site (other than information governed by our Privacy Policy), becomes and remains our property, even if this agreement is later terminated.
This means that:
• We don't have to treat any such submission as confidential.
• You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
• If we use them -- or anything like them -- we don't have to pay you or anyone else for them.
• We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
(3) You acknowledge that you are responsible for any submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
USER COMMENTS AND SUBMISSIONS
We may monitor or review comments, discussions, chats, postings, and the like on the Website (“Postings”), however, we are under no obligation to do so and we assume no responsibility or liability arising from the content of any such Posting, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, abuse, threat, profanity, danger, inaccuracy or inappropriate comments or photos contained in any information within such Postings on the Website.
You are prohibited from posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or inappropriate material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law, or any material that violates the intellectual property rights of a third party. We will fully cooperate with any law enforcement authorities or court order requesting or directing Brigham’s to disclose the identity of anyone posting any such information or materials. Brigham’s may remove any Posting at any time for any reason in our sole discretion.
REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT
Brigham’s takes claims of copyright infringement seriously. Brigham’s will respond to notices of alleged copyright infringement that comply with applicable law. Users in the United States who believe that content on the Website infringes their copyright may request removal of those materials from the Website by contacting us at the following address:
BIC Acquisition LLC
Six Kimball Lane
Lynnfield, MA 01940
617-887-3000
legal.filings@brighams.com
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include the following information:
(a) a description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the Copyright Office);
(b) a description and the location of the allegedly infringing material on the Web Site;
(c) your signature (digital or hard-copy);
(d) your mailing address, telephone number, and e-mail address (if available); and
(e) a statement (notarized if possible and made under penalty of perjury) that: (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law); and (iii) the information in the written notice is accurate.
Brigham’s will take appropriate action after receipt of such information to appropriately address the copyright issues raised, including, if necessary, removal of any infringing material.
Please keep in mind that, under the DMCA, any person who knowingly makes material misrepresentations concerning copyright infringement may be liable for damages, court costs and attorneys’ fees.
LIMITATION OF LIABILITY
BRIGHAM’S WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY
• USE OF (OR INABILITY TO USE) THE WEBSITE,
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR WEBSITE,
• FAILURE OF PERFORMANCE,
• ERROR,
• OMISSION,
• INTERRUPTION,
• DEFECT,
• DELAY IN OPERATION OR TRANSMISSION,
• COMPUTER VIRUS, OR
• LINE FAILURE.
WE ARE NOT RESPONSIBLE FOR ANY ALLERGIC OR SIMILAR ADVERSE REACTION YOU MAY HAVE TO FOODS OR RECIPES PROMOTED ON THIS WEBSITE.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITATIVE OR ANY OTHER DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE.
FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
EXCEPTION: IN CERTAIN JURISDICTIONS THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, IN SUCH JURISDICTIONS, BRIGHAM’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY'RE CLAIMED TO BE CAUSED BY FAULT, NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE WEBSITE.
DISCLAIMER
THE MATERIALS IN OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND YOU USE THEM AT YOUR OWN RISK. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) BRIGHAM’S DISCLAIMS ALL EXPRESS, LEGAL, STATUTORY AND IMPLIED WARRANTIES ABOUT THE MATERIALS IN THE WEBSITE.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES
• AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
• THAT THE MATERIALS ARE OF ANY PARTICULAR LEVEL OF QUALITY.
• THAT ANY INFORMATION (INCLUDING NUTRITIONAL INFORMATION) IS ACCURATE, TIMELY, RELIABLE AND/OR COMPLETE.
• THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DATA STREAM WILL BE UNINTERRUPTED OR OPERATE AT A PARTICULAR SPEED.
• THAT DEFECTS WILL BE CORRECTED.
• THAT OUR WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
• THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT BRIGHAM’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION: IN CERTAIN JURISDICTIONS, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
JURISDICTION
Unless otherwise specified, the materials in our Website are presented to provide information about Brigham’s and its products.
We control and operate our Website from the company's headquarters in Lynnfield, Massachusetts, in the United States of America. We in no way imply that the Materials on the Website are appropriate or available for use outside of the United States. If you use our Website from locations outside of the United States, you are responsible for compliance with any applicable local laws.
The Website may contain software that is subject to export controls imposed in the United States. In the United States, the software may not be downloaded or otherwise exported or re-exported:
(a) into (or to a national or resident of) any country to which the United States has placed an embargo; or
(b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Table of Deny Orders.
If you download or use software (if any) from our Website, you are, in effect, confirming to us that you are not located in, are not under the control of, and are not a national or resident of any such country, and that you are not on any such list.
These Terms of Use, and the agreement they create, are governed by the internal substantive laws of the Commonwealth of Massachusetts, United States of America, and you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Suffolk County, Massachusetts, in the event of any dispute concerning or arising out of the use of the Website.
MODIFICATION OF THESE TERMS OF USE
We may update or modify the Terms of Use from time to time, without prior notice. Please review the Terms of Use periodically to check for any changes. Your continued use of the Website after any changes or revisions to the Terms of Use shall indicate your agreement with the terms of such revised Terms of Use.
In addition, by providing Materials on our Website, we do not in any way promise that the Materials will remain available to you. Brigham’s is entitled to terminate all or part of any of its Website at any time, without notice to you.
MISCELLANEOUS
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Any delay or failure of Brigham’s to act on or enforce any provision of this agreement shall not be construed as a waiver by Brigham’s of any present or future violation of that provision or any other provision of this agreement. No waiver of any provision of this agreement will be effective against Brigham’s unless it is made in writing, signed by a duly authorized officer of Brigham’s.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs, and it supersedes any previous Terms of Use or other agreements, whether or not in writing, with respect to the use of the Website.