User Terms & ConditionsLast updated: Aug. 05 2021
Terms of Service
The following Terms of Service (“Terms”, “Terms of Service”) govern all uses of the Brisk It Grills website, mobile application (“application”), ecommerce services and support services (collectively called “services”). These terms apply to all services being offered through our application and website (https://www.briskitgrills.com/). Throughout this site and application, the terms “we”, “us”, “our” “website” and “application” refer to the services of Brisk It’s platform. Brisk It offers this website and application, including all information, tools and services available from this site and application to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site or application and/or purchasing something from us, you engage in our service and agree to be bound by the following terms. These terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website or application. By accessing or using any part of the site or application, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or application or use any services.
Any new features or tools which are added shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1: Requirements
By agreeing to these Terms and using our Services, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use our site or application.
Section 2: Registration and Account Protection
As a registered user of Brisk It’s application and/or website, you are responsible for maintaining the security of your own account. You are also fully responsible for all activities that occur under your account. You must not describe or assign keywords to your profile on our website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and we may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause any liability to us. You must immediately notify us of any unauthorized uses of your account, or any other breaches of security.
We reserve the right to withdraw your access to your account without notice for any actual or suspected breach of these Terms or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorized access to your account or any unauthorized disclosure of your login information.
Section 3: General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website or application through which the service is provided, without express written permission by us.
Section 4: Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, application or its content:
- For any unlawful purpose;
- To solicit others to perform or participate in any unlawful acts;
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- To submit false or misleading information;
- 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 the Service or of any related website, other websites, or the Internet;
- To collect or track the personal information of others;
- To spam, phish, pharm, pretext, spider, crawl, or scrape;
- To conduct any unsolicited or unauthorized advertising, direct or indirect marketing, or communicate with, or market to anyone any services or business not authorized by us;
- For any obscene or immoral purpose; or
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 5: Termination
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice (unless required by law) and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Section 6: Payment
Credit cards are subject to verification and authorization by the card issuing entity. If the entity does not authorize the payment, Brisk It shall not be liable for any delay or failure to deliver and Brisk It will be unable to conclude any contract with you. Brisk It accepts any payment provided by the Shopify platform including Stripe, PayPal, Google Pay, Apple Pay, Visa, Mastercard and American Express.
Section 7: Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
Section 8: Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 9: Conduct and Authority of Our Website
Without limiting any of the representations or warranties, Brisk It has the right to do the following without providing any notice. We remain the right to refuse or remove any user’s account if in their reasonable opinion it violates any of the terms, policies or is in any way harmful or objectionable. Breach of any of the rules described in these terms or any specific agreement on and through our website will result in an immediate ban without any warning.
Unless authorized and approved by Brisk It, making any agreements or business deals on behalf of our website is prohibited. Brisk It will not be held responsible to anyone for any unauthorized agreements or business dealings.
Section 10: Intellectual Property and Grant of Rights
The source code, logos, words, patterns, design, videos, samples, layout, graphics, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through our website and application are the property of Brisk It and is protected by International and United States’ intellectual property laws. If you have used our website, application, services, program, product, or otherwise have entered into a separate agreement with us you will also be subject to the terms of that agreement.
Section 11: Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy and Refunds Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Section 12: Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
Section 13: Product Disclaimer
Please read the Owner’s Manual entirely before installing or using your Brisk It wood pellet grill. Your use of Brisk It is at your own risk. It shall be the responsibility of the buyer to discern any risks associated with the product before using it. Brisk It will not be held liable for the user’s personal actions or choices regarding any of our products or barbeque goods. By using this website or any items obtained through Brisk It’s website, you acknowledge that there may be other risks and dangers involved with the usage of barbeque grills and products. These products should not be used by children especially if they are unsupervised. By using our website, you agree to supervise the use of such goods and items by any minor in your control or supervision, and you voluntarily assume the dangers and risks associated with the use of Brisk It and the website, application, owner, associates, or affiliates will not be held responsible in any way.
Section 14: Third-Party Links Disclaimer
Certain content, products, and services available via our Services may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Brisk It. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party content, materials or websites.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 15: Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Brisk It, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 16: Indemnification
You agree to indemnify, defend and hold our website, owner(s), staff, team members, officers, employees, affiliates, agents, service providers and licensors harmless from any claim or demand, including reasonable attorney’s fees and expenses of litigation, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 17: Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California.
Section 18: Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19: Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to modify or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or application and usage of our services following the posting of any changes to these terms constitutes acceptance of those changes.
Section 20: Entire Agreement
Section 21: Contact Information
For any comments, questions, feedback, or suggestions please contact us at firstname.lastname@example.org.