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
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.
and availability information is subject to change without prior
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.
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.
disclaimer and limitation of liability:
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
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
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
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:
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
contained in these Terms shall be construed as creating any agency,
partnership, or other form of joint enterprise between us.
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.
in these Terms are for convenience only and will have no legal meanings
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
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
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.