- Collection and Use of Personal Information. Brite-Liter may collect Personal Information when you use certain services on the Brite-Liter web site or when you visit cookie-enabled web pages. Brite-Liter may also log your IP address when you use the Brite-Liter web site. Brite-Liter uses this Personal Information to fulfill requests for our services or products, to contact users regarding changes to our site or our business, and to customize the content that you might see on the Brite-Liter web site. Brite-Liter may also use “cookie” files to better serve your needs by creating a customized web site which fits your needs.
- Sharing and Disclosure of Personal Information. Brite-Liter will not sell or rent your Personal Information to any individual, business, or government entity. Brite-Liter will share your Personal Information with other entities should you request Brite-Liter to share such information, or if Brite-Liter is required to respond to court orders, subpoenas or other legal process.
- Amendments. Brite-Liter reserves the right to amend this policy at any time. Brite-Liter will post a notice of changes on its web site, when and if the terms of this policy are amended.
- Contact. You may contact Brite-Liter directly by e-mailing paralegal @ peytonlaw.com should you have any questions regarding this policy.
Terms of Service
- Online Services and Disclaimer of Warranty. The Brite-Liter web site provides online resources including, but not limited to, online information regarding Brite-Liter’s products and product launches. Any new services, resources or informational content added to the web site shall fall under the terms of this TOS Agreement. The online resources, informational content, and products offered on this web site are provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. Brite-Liter assumes no responsibility for any data loss or other loss suffered by any User of this web site. User is fully responsible for maintaining its computer equipment and Internet access to use the Brite-Liter web site.
- Informational content supplied by Users. User understands that all information, computer files, software, graphics, sound files, and text, whether transmitted through the Brite-Liter web site or via email to Brite-Liter, are the responsibility of the User from which such informational content has originated. User is fully responsible for any and all informational content that user e-mails or transmits using the Brite-Liter web site.
- User conduct. User agrees to not use the Brite-Liter web site to:
- upload, post, or transmit any informational content that is unlawful, threatens another person or entity, defamatory, vulgar, obscene, libelous, invades the privacy of another, or is otherwise objectionable;
- harm legal minors;
- collect personal information on, “cyberstalk,” bully, or harass another User, or engage in conduct that negatively affects the online experience of another User;
- impersonate another User, person, or entity, including any official or employee of Brite-Liter;
- intentionally or unintentionally violate any local, state, or federal law, including violations of the Copyright Act;
- upload, post, or transmit any software or files that contain software viruses or other harmful computer code;
- interfere with the operation of Brite-Liter’s web servers or other computers or Internet or network connections;
- upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another;
- upload, post or transmit and unsolicited or unauthorized advertising, including “spam” or “junk mail,” and
- reproduce, copy, duplicate, or sell any portion of the Brite-Liter web site.
Brite-Liter may disclose any informational content Users email or transmit to the Brite-Liter web site, if such disclosure is necessary to enforce this TOS Agreement, to respond to claims of intellectual property infringement, to comply with legal process, or to protect the rights of Brite-Liter, the public, or other Users.
- Indemnity. You agree to indemnify and hold Brite-Liter, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Brite-Liter web site, including your violation of the TOS, or your violation of any rights of another.
- Limits and modifications. Brite-Liter may establish without notice limits on the use of its web site, including the number of times Users may access the Brite-Liter web site. Brite-Liter reserves the right to modify any and all portions of the Brite-Liter web site without notice. Under no circumstances shall Brite-Liter be liable to User or any other party for such limits or modifications.
- Hyperlink policy. Hyperlink Disclaimer: The Brite-Liter, Inc. site may contain hyperlinks to other Internet sites not under the editorial control of Brite-Liter, Inc. These hyperlinks are not express or implied endorsements or approvals by Brite-Liter, Inc., of any products, services or information available from these sites.
- Brite-Liter’s intellectual property rights. User agrees not to distribute, license, or create derivative works from any of Brite-Liter’s copyrighted or trademarked material available on the Brite-Liter web site.
- No warranties. THE INFORMATION AND PRODUCTS PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION.
- Limitation of liability. BRITE-LITER INC.’S MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE INFORMATION RECEIVED (IF ANY). BRITE-LITER, INC. IS NOT LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.
- Notice. Notices may be posted to the Brite-Liter web site or e-mailed to Users using the e-mail address Users submitted during the purchasing process.
- General. This TOS Agreement constitutes the entire agreement between you and Brite-Liter and governs your use of the Brite-Liter web site. This TOS Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. User agrees to submit to the personal and exclusive jurisdiction of the courts located within the Commonwealth of Pennsylvania. The failure of Brite-Liter to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect. Any claim arising under the terms of this TOS Agreement must be brought within one (1) year after such claim or cause of action arose or be forever barred.
Terms of Sale
ALL TRANSACTIONS ARE GOVERNED BY BRITE-LITER, INC. (“SELLER”)’S TERMS OF SALE.
- Formation of Contract. An order is deemed by Seller to be an offer to purchase, which Seller may accept or reject in its sole discretion. Seller’s acceptance of an offer to purchase is binding on Seller only if made by written instrument or, if not by written instrument, by shipment of the products ordered (and acceptance by shipment shall only be binding as to the portion of the order actually shipped by Seller). Any automatic or computer generated response to an order by Seller’s [internal electronic data exchange system] or otherwise shall not be deemed acceptance of an order.
- Credit. Acceptance of any order is subject to final credit approval by Seller. Seller reserves the right to cancel any sale if Seller deems Buyer unable to pay for any products.
- Cost of Delivery, Taxes, and Other Charges. Buyer shall pay the costs of delivery of the products. Buyer shall pay all sales, use, excise or similar taxes, or other charges, which Seller is required to pay, or to collect and remit, to any Government (national, state or local) and which are imposed on or measured by the sale.
- Transfer of Property and Risk of Loss. Seller retains the right and title to the products sold to Buyer until Seller is paid in full for the products. Buyer shall obtain the right and title to the products upon payment to Seller of the purchase price and any taxes, excise or other charges. The risk of loss, including, but not limited to the risk of loss, theft, damage or destruction of the products, transfers to Buyer.
- No Set-Off. Buyer shall have no right of set-off or withholding, and no deduction of any amounts due from Buyer to Seller shall be made without Seller’s prior, express written approval.
- Disclaimer of Warranties. THE WARRANTIES SET FORTH HEREIN OR IN SELLER’S WARRANTY DOCUMENTS WITH RESPECT TO A PRODUCT ARE THE ONLY WARRANTIES MADE BY SELLER IN CONNECTION WITH THE PRODUCTS AND THE TRANSACTIONS CONTEMPLATED AS A RESULT OF THIS SALE. SELLER MAKES NO OTHER WARRANTIES OR REPRESENTATIONS TO BUYER OR ANY OTHER PERSON OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND SELLER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELLER PROVIDES A LIMITED MANUFACTURER’S WARRANTY ONLY. PRODUCTS SOLD HEREUNDER ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY THE SELLER IN WRITING. SELLER’S SOLE OBLIGATION FOR A REMEDY TO BUYER SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES.
- Limitation of Liability. No claim by Buyer of any kind including, but not limited to, claims for indemnification, whether as to quality or amount of product delivered or non-delivery, shall be greater in amount then the purchase price for the products in respect of which damages are claimed. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCTS SOLD HEREUNDER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN.
- Inspection. Buyer shall inspect the products promptly upon receipt for non-conformity (including but not limited to non-conformity for quantity, quality, and/or defects). Failure by Buyer to provide Seller with written notice of a claim within five (5) days from the date of delivery or, in the case of non-delivery, from the date fixed for delivery, shall constitute a waiver by Buyer of all claims with respect to such products.
- Excuses for Non-Performance. If the manufacture, transfer or receipt by Buyer of any products covered hereby is prevented, restricted or interfered with by reason of any event beyond the reasonable control of the Seller, Seller shall be excused from making delivery hereunder to the extent of such prevention, restriction or interference, and shall not be liable for default or delay in performing.
- Seller’s Rights. If Buyer should fail in any manner to fulfill the terms and conditions hereof, Seller may defer further shipments until such default is cured. Remedies provided herein shall be in addition to, and not in lieu of, other remedies that may be available to Seller.
- Governing Law. This Agreement shall be construed, and the respective rights and duties of Buyer and Seller shall be determined, according to the laws of the Commonwealth of Pennsylvania, without giving effect to its principles of conflicts of laws.
- Dispute Resolution. Any claims or legal actions by one party against the other arising under these Terms of Sale Agreement and/or any sale and purchase of products hereunder or any transaction contemplated hereby or concerning any rights under this Agreement shall be commenced and maintained in any state or federal court located in the Commonwealth of Pennsylvania. Both parties hereby submit to the jurisdiction and venue of any such court. THE PARTIES FURTHER AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING FROM THE TERMS OF THIS AGREEMENT.
- Assignment. Seller may assign this Agreement without Buyer’s consent if the assignment is to a to an affiliate or if the assignment is carried out as part of a merger, restructuring, or reorganization, or sale or transfer of all or substantially all of Seller’s assets.
- Compliance with Laws; Export Laws. Buyer and Seller shall comply with all applicable international, national, state, regional and local laws and regulations with respect to their performance of this Agreement.
- Miscellaneous. These Seller’s Terms of Sale are the sole and exclusive statement of the parties’ understanding and agreement with respect to the transactions contemplated by this sale, notwithstanding any other terms that might be contained in any purchase order or other document received from Buyer or submitted to Seller. These Terms of Sale constitute the entire agreement between the parties regarding the subject matter hereof and can only be modified or changed in writing and signed by authorized representatives of both parties. No waiver by Seller of any of Seller’s Terms of Sale or any breach hereof shall constitute or be deemed to be a waiver of any such term or any such breach in any other case. No waiver shall be deemed to occur as a result of the failure to enforce any term or condition of these Seller’s Terms of Sale. If any clause or portion hereof shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining clauses or portions shall remain in full force and effect. The paragraph headings are for convenience only and shall not be used in interpreting or construing these Seller’s Terms of Sale.