Terms of service

Conditions of Use

Welcome to Briowater.com and/or its affiliates (“Brio”) which provide website features and other products and services to you when you visit or shop at Briowater.com or, use Brio products or services, (collectively, “Brio Services”). By using the Brio Services, you agree to the following conditions.

Please read these conditions carefully.

We offer a wide range of Brio Services, and sometimes additional terms may apply. When you use a Brio Service you also will be subject to the guidelines, terms and agreements applicable to that Brio Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Brio Services, to understand our practices.

ELECTRONIC COMMUNICATIONS AND SMS MESSAGES

When you use Brio Services, or send e-mails, SMS messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, SMS messages, mobile push notices, or notices and messages on this site or through the other Brio Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Brio Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Brio and protected by United States and international copyright laws. The compilation of all content included in or made available through any Brio Service is the exclusive property of Brio and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Brio Service are trademarks or trade dress of Brio in the U.S. and other countries. Brio’s trademarks and trade dress may not be used in connection with any product or service that is not Brio’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Brio.

 PATENTS

One or more patents owned by Brio apply to the Brio Services and to the features and services accessible via the Brio Services. Portions of the Brio Services operate under license of one or more patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Brio grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Brio Services. This license does not include any resale or commercial use of any Brio Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Brio Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Brio. No Brio Service, nor any part of any Brio Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Brio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Brio without express written consent. You may not use any meta tags or any other “hidden text” utilizing Brio’s name or trademarks without the express written consent of Brio. You may not misuse the Brio Services. You may use the Brio Services only as permitted by law. The licenses granted by Brio terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Brio account to use certain Brio Services, and you may be required to have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Brio does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Brio Services only with involvement of a parent or guardian. Brio reserves the right to refuse service, terminate accounts, terminate your rights to use Brio Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, and other content; and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Brio reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Brio a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Brio and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Brio for all claims resulting from content you supply. Brio has the right but not the obligation to monitor and edit or remove any activity or content. Brio takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Brio respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice section Below.

RISK OF LOSS

All purchases of physical items from Brio are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.  However, if there is a loss after delivery to the carrier, we will assist you in filing an insurance claim with the carrier’s insurance company.  However, at our discretion, a refund or replacement itesm may be issued or provided without requiring a claim with the carrier’s insurer.

RETURNS, REFUNDS AND TITLE

Brio does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Brio does not take title to the refunded item.

PRODUCT DESCRIPTIONS

Brio attempts to be as accurate as possible. However, Brio does not warrant that product descriptions or other content of any Brio Service is accurate, complete, reliable, current, or error-free. If a product offered by Brio itself is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by Brio, we cannot always confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Brio is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

SANCTIONS AND EXPORT POLICY

You may not use any Brio Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Brio Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Brio Software), technology, and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE BRIO SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BRIO SERVICES ARE PROVIDED BY BRIO ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BRIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BRIO SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BRIO SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BRIO SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, BRIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRIO DOES NOT WARRANT THAT THE BRIO SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BRIO SERVICES, BRIO’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BRIO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, BRIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BRIO SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BRIO SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Brio Service will be adjudicated in the state or Federal courts in Los Angeles County, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

APPLICABLE LAW

By using any Brio Service, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Brio.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Brio Water Technology, Inc.,
768 Turnbull Canyon Road,
City of Industry, California 91745

 ADDITIONAL BRIO SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Brio Services (the “Brio Software”).

1. Use of the Brio Software.You may use Brio Software solely for purposes of enabling you to use the Brio Services as provided by Brio, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Brio Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Brio Software in whole or in part. All software used in any Brio Service is the property of Brio or its software suppliers and is protected by United States and international copyright laws.
2. Use of Third Party Services.When you use the Brio Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Brio Software, whether in whole or in part.
4. We may offer automatic or manual updates to the Brio Software at any time and without notice to you.
5. Government End Users.If you are a U.S. Government end user, we are licensing the Brio Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Brio Software are the same as the rights we grant to all others under these Conditions of Use.
6. In the event of any conflict between these Conditions of Use and any other Brio or third-party terms applicable to any portion of Brio Software, such as open-source license terms, such other terms will control as to that portion of the Brio Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Brio accepts service of subpoenas or other legal process only through Brio’s designated agent for service of process, Corporation Services Company. 

INFROMATION PROVIDED BY YOU

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Brio devices; and IP address and complete time stamps.