Terms of servicE
BINDING TERMS OF SERVICE
1. Description of Services.
The Brave GentleMan website makes available for purchase various items (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
2. License and Site Access.
Brave GentleMan grants you a limited license to access and make personal use of the Site and the Service. This license does not include permission to download or copy account information for the benefit of any third party, including but not limited to vendors; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not otherwise have a right to make available (such as intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Brave GentleMan’s sole discretion) an unreasonable or disproportionately large load on Brave GentleMan’s infrastructure; or any use of data mining, robots, “bots”, or similar data gathering and extraction tools. You may not bypass any measures used by Brave GentleMan to prevent or restrict access to the Site. Any unauthorized use of the Site by you immediately terminates the permission or license granted to you by Brave GentleMan.
3. User Eligibility.
The BraveGentleMan Service is not available to any users suspended or removed from the system by Brave GentleMan for any reason. Users may not register more than one account on the Site. If you do not qualify to use the Site for the foregoing reasons, you may not use the Site or its Service.
4. Your Account.
You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself when requested by the Site or its administrators or agents. If you are unwilling or unable to provide such information, you agree to discontinue your use of the Site and its Service. If you provide any information in response to the aforementioned requests that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Brave GentleMan suspects that such information is untrue, inaccurate, not current or incomplete, Brave GentleMan and/or its administrators and agents have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). By using the Site, you accept sole responsibility for maintaining the confidentiality of your account and password, and for restricting unauthorized access to your computer. You further accept responsibility for all activity that occurs under your account or password. Because of this, the Site strongly recommends that you log out of your account at the end of each session. You agree to notify Brave GentleMan immediately if/when you become aware of any unauthorized use of your account or any other breach of security that might affect the Site in any way. Notwithstanding the foregoing, Brave GentleMan reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion, subject to applicable law.
5. Submitted Content.
Brave GentleMan does not claim exclusive ownership of any material you make available through the Site. (“Material” does not include your confidential information, such as billing information and the like.) However, with respect to any material you submit or make available for use on or in connection with the Site, you grant Brave GentleMan a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such material. You hereby represent, warrant and covenant that any material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. You agree to read and accept as binding Paragraph 8 on Indemnity, which applies to your breaches of representation, warranty, or covenant under this Paragraph (as well as any other breaches of this agreement made by you, knowingly or not.)
6. Disclaimer of Warranty.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
BRAVE GENTLEMAN DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE WHICH ORIGINATES FROM ANY PARTY OTHER THAN SITE ADMINISTRATORS; (B) ANY CONTENT PROVIDED ON LINKED SITES; OR (C) THE CHARACTERISTICS, CAPABILITIES, RELIABILITY OR RISKS OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.
OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAWS, UNDER NO CIRCUMSTANCE WILL BRAVE GENTLEMAN BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR THROUGH A LINKED SITE, OR CAUSED BY USER'S PURCHASE OR USE OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE SOLE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. YOU UNDETAKE THE OBLIGATION TO SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE AND DESIRED, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
7. Limitation of Liability.
YOU UNDERSTAND AND EXPRESSLY AGREE THAT BRAVE GENTLEMAN AND/OR ITS ADMINISTRATORS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, PARTNERS, JOINT VENTURERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM USE OF THE SITE, ITS CONTENT, THE SERVICE, THE GOODS SOLD ON THE SITE, OR ANY RELATED SERVICES (EVEN IF BRAVE GENTLEMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS Brave GentleMan (and its owners, administrators, officers, directors, agents, subsidiaries, partners, joint venturers, employees, or independent contractors—collectively, including the Site, “Brave GentleMan and related parties”) from any claim or demand, including reasonable attorneys’ fees and adjudication-related costs, caused by, arising out of, or in any way related to your breach of these TOS, or your violation of any law or regulation or the rights of any person or entity.
9. Electronic Communication.
10. Site-Provided Email and Postings.
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Brave GentleMan is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the foregoing, Brave GentleMan may from time to time monitor the Postings on the Site and may, at its sole discretion, decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
(ii) Advertisements or solicitations of any kind.
(iii) Impersonate others or provide any kind of false information.
(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
(v) Messages by non-spokesperson employees of Brave GentleMan which purport to speak on behalf of Brave GentleMan..
(vi) Messages that offer information or mechanisms to make unauthorized downloads or otherwise obtain any copyrighted or private information.
(vii) Multiple messages placed within individual folders by the same user restating the same point.
(viii) Chain letters, or the electronic equivalent, of any kind.
(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) using BraveGentleMan invitations to send messages to people who do not know you or who are unlikely to recognize you as a known contact; b) using BraveGentleMan to connect to people who do not know you and/or sending unsolicited promotional messages to those direct connections without their permission; and/or c) sending messages to distribution lists, newsgroup aliases, or group aliases.
The Site or third parties may provide links to other World Wide Web/Internet sites or resources. You understand that Brave GentleMan has no control over such sites and resources. You acknowledge and agree that Brave GentleMan will in no event be responsible for the availability, content, or result of use of such external sites or resources; and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Brave GentleMan and related parties shall not be responsible or liable, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
13. Modification and Notification of Changes.
(i) sending an email to the address associated with your account (Brave GentleMan is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add BraveGentleMan.com to the list of domains approved to send you email—commonly known as your “whitelist”); or
You agree that either (i) or (ii) constitutes sufficient notification of a change to these TOS, and are binding on you if/when you use the Site or Service after the date of the change.
The trademarks, logos and service marks (“Marks”) displayed on the Site, whether or not registered with any governmental or non-governmental entity, and whether or not accompanied by the designations “TM” or “®”, are the property of Brave GentleMan and other parties, as the case may be. You agree not to use any of these Marks for any non-commentary purpose, including, but not limited to use as metatags on other pages or sites on the World Wide Web/Internet without the written permission of Brave GentleMan or such third party that owns the relevant Mark(s).
15. Procedure for Claims of Copyright Infringement.
All eligible information and content created or otherwise owned by Brave GentleMan and related parties, including any software programs, available on or through the Site (“Content”) is protected by copyright, whether or not accompanied by the designation “©”. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or otherwise using any Content available on or through the Site.
Brave GentleMan respects the intellectual property of others, and the Site’s users agree to do the same. Brave GentleMan may, in appropriate circumstances and at its discretion (as appropriate under applicable law), disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your copyrighted material has been used in an infringing manner please provide Brave GentleMan’s below-designated Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a reasonably detailed description of the copyrighted work that you claim has been infringed;
(iii) a reasonably detailed description of where the material that you claim is infringing is located on the Site;
(iv) your address, telephone number, and email address;
(v) a reasonably detailed statement and explanation of your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury where applicable, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Brave GentleMan’s agent for notice of claims of copyright or other intellectual property infringement can be reached at the following e-mail address:
By email: copyright@BraveGentleMan.com
Brave GentleMan may update this mailing address from time to time. You agree that changes to this mailing address shall not constitute a modification to this TOS for the purposes of Section 12. (Copyright owners are bound by these TOS by virtue of having used the Site.)
Trademark or other non-copyright intellectual property owners who have a good-faith belief that their intellectual property has been infringed on or through this site may likewise contact the Site administrators at copyright@BraveGentleMan.com, which shall comply with legally imposed takedown and related requirements in a reasonable amount of time.
16. Survival of Terms After Agreement Ends.
Notwithstanding any other provisions of this TOS, or any general legal principles to the contrary, any provision of these TOS that generally impose or can reasonably be deemed to contemplate continuing obligations on Site users, including but not limited to the provisions on indemnification, will survive the expiration, termination, or modification of these TOS.
If any of these conditions are deemed invalid, void, or for any reason unenforceable, you and the Site agree that a) a court or relevant decisionmaker should endeavor to give effect to the parties’ intentions as reflected in the provision, and that b) the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time, Brave GentleMan may offer special promotional offers or additional functionalities that may or may not apply to your Brave GentleMan account. You agree to be bound by any additional terms and conditions for these special offers or additional functionalities. These TOS, which (as stated below) constitute the entire agreement between you and Brave GentleMan, will be governed by the laws of the State of New York, regardless of choice-of-law rules. You and Brave GentleMan further agree to submit to the personal jurisdiction of the federal and state courts located in the County of New York, in the State of New York, with respect to any legal proceedings that may arise in connection with these TOS of your use of the Site. The failure of Brave GentleMan and related parties to take action following a breach by you or others does not waive their right to act with respect to subsequent or similar breaches. Brave GentleMan provides no assurance that it will take action against any or all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Brave GentleMan and govern your use of the Site, superseding any prior agreements between you and Brave GentleMan with respect to the Site.