Terms and Conditions

Your access to and use of the web sites provided by The BRIGHT OCTOBER LLC including any purchase made using our web sites, are exclusively governed by these terms and conditions and any others contained on BRIGHT OCTOBER's web sites (collectively, "Terms and Conditions"), as may be supplemented by applicable law. By accessing or using BRIGHT OCTOBER's web sites, you agree to be bound by the Terms and Conditions.

The Terms and Conditions may be changed at any time without prior notice. We will make changes by modifying our web sites. Your continued access to or use of the modified web sites conclusively demonstrates your acceptance of those changes prospectively.
No other provisions or changes are binding upon us unless reduced to writing and signed by an authorized BRIGHT OCTOBER LLC representative.
If any provision of the Terms and Conditions or any application thereof is held to be invalid or unenforceable for any reason, that provision shall be deemed severable and the remainder of the Terms and Conditions and the application of that provision in other situations shall not be affected.

Price and availability information is subject to change without prior notice.

You should inspect the Goods when you receive them for damage or defects. In the event that your order is incorrectly shipped or found to be damaged or defective, please contact us within 2 working days of receipt of Goods. The Goods should be promptly sent back to us including the original invoice and packaging. We will then offer you a full refund or replacement including postage.

Security:

Our web sites use industry-standard SSL (Secure Socket Layer) encryption to deter theft of credit card and other personal information you provide to us when ordering online. You can not purchase merchandise or gift cards online if your browser does not accept SSL encryption.

Warranty disclaimer and limitation of liability:

Bright October LLC's web sites are provided "AS IS." We do not make any representations or warranties, whether express or implied, regarding or relating to Bright October LLC's web sites including the content or operations of either. TO THE FULLEST EXTENT PERMITTED BY LAW, BRIGHT OCTOBER LLC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BRIGHT OCTOBER LLC OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS (collectively, the "Bright October parties") BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING FROM OR RELATED TO BRIGHT OCTOBER LLC'S WEB SITES. This limitation of liability applies to all losses and damages of any kind whatsoever (whether general, special, consequential, incidental, punitive, exemplary, or otherwise, including loss of income, profits, or data), whether arising in contract, negligence or other tort theory, even if we have been advised of or should have known of the possibility of such losses or damages.

We are not liable for any unauthorised, erroneous or denied payments.

The preceding Warranty Disclaimer and/or Limitation of Liability shall survive the failure of any exclusive remedy, but they may be prohibited or restricted by applicable law so they may not apply to you.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE BRIGHT OCTOBER PARTIES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO ANY BREACH BY YOU OF ANY OF THE TERMS AND CONDITIONS OR APPLICABLE LAW, INCLUDING THOSE REGARDING INTELLECTUAL PROPERTY.

Linked Websites:

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Our Website may contain links to other internet sites operated by third parties. We may provide such links for your convenience only, and links from this Website to any other website do not imply that we approve of, endorse, or recommend that website. We assume no responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material.

Copyright Statement:

These web sites are the property of The BRIGHT OCTOBER Limited Liability Company, and are protected by the United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the web sites, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.
You may print one copy of these web sites for your personal, non-commercial use only, provided that you print and keep this Copyright Statement with your copy.
Nothing contained in these web sites grants any other license or other right to any of our or another's intellectual or other property. We reserve complete title and interest to all intellectual property on or associated with web sites.
The laws of the State of Michigan, excluding its choice of law principals, govern all matters arising from or related to the other BRIGHT OCTOBER LLC web sites, including your access and use.
If the application of the foregoing indicates that more than one State's laws might govern, the laws of the State of Michigan, excluding its choice of law principles, will govern.

Further Terms and Conditions:

The price of the Goods does not include delivery. You will pay the delivery charges by the method specified in your order for transport and packaging as quoted on the Website on the date of acceptance of the order.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. We reserve the right to cancel any order with proper communication to our customers.

Headings in these Terms are for convenience only and will have no legal meanings or effects.

We make all reasonable efforts to ensure that the information on our Website is accurate and up to date. However, you should always independently check any information before you rely on it. We do not represent or warrant that the information accessible via this Website is accurate, complete or current and we do not accept liability for any loss whatsoever arising from any inaccuracy or information that is out of date.

The Website is presented on an "as is" basis. We make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent that such representations and warranties are not excludable by law. The information displayed is of a general nature and is not intended to address your particular requirements or constituting any form of advice, recommendation or arrangement by us.

In particular, you agree that, to the fullest extent permitted by applicable law and save in respect of death or personal injury arising from our negligence, neither us nor any of our parents, affiliates, subsidiaries, directors, employees, shareholders, agents or other representatives shall be responsible or liable under any circumstances, for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise in connection with your use of this Website and its services.The limitation of liability noted above shall also be extended to include any use in connection with your use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. Such limitation of liability shall also extend to any events beyond our reasonable control including any restricted or non-access to this Website due to service interruptions.

Please follow manufacturers' directions for use of the products obtained from BrightOctober.com. BrightOctober.com does not provide operating instructions other than provided by the manufacturer on the item or on the packaging of the item. Obey all warnings regarding appropriate age use of all products.