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[Last Updated November 28, 2020]
Welcome and thank you for joining us at Brothers Outdoors and the Brothersoutdoorsfl.com website. The Brothers Outdoors location at 4632 Clark Road Sarasota, FL 34233 and the website are collectively called the "property". By using any Brothers Outdoors Property and its related services, products, and software, you agree to be bound by these terms and conditions ("Terms"). You also accept the Terms when you enter the property, create an account, make a purchase as a guest, or log in to any Brothers Outdoors Property. We may make changes to any Brothers Outdoors Property and the Terms at any time without notification or announcement. It is your responsibility to review the Terms for updates and or changes. If you do not agree with the Terms, you should not use the Brothers Outdoors Properties.
We strive to be as accurate as possible with the information we display on the Brothers Outdoors Properties. We make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant or make any promise that product descriptions or other content is accurate, complete, or error free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until we fulfill your order which will take place after you place your order. Despite our best efforts, sometimes an item in our listing may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order and refund your payment or we may contact you for instructions on the order.
We will automatically charge your payment method for an item when you finalize and place your order. Our order confirmation to you does not signify our acceptance of your order, it also does not constitute a confirmation of our offer to sell. At any time after confirmation of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you using the email address and phone number you provided to us. If we do not successfully contact you about your order rejection, limit, or any modification we will still apply the rejection, limit or any other modification. If we cancel an order or part of an order that we've already charged you for, we'll refund you the full amount of the canceled portion of the order.
You may interact with the Brothers Outdoors Properties in a variety ways, including but not limited to Reviews and Ratings, Videos, Photos, Questions and Answers, Community Forums, Testimonials, Social Media, and Email Communication. You hereby grant Brothers Outdoors a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Brothers Outdoors to feature your text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content to us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
BROTHERS OUTDOORS PROVIDES THE BROTHERS OUTDOORS PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE BROTHERS OUTDOORS PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY BROTHERS OUTDOORS PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A BROTHERS OUTDOORS PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROTHERS OUTDOORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY BROTHERS OUTDOORS PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A BROTHERS OUTDOORS PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A BROTHERS OUTDOORS PROPERTY OR BROTHERS OUTDOORS GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS OR MALICIOUS MISCONDUCT, OR FRAUD.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Brothers Outdoors Properties only for lawful purposes. Activities including, but not limited to, tampering with any Brothers Outdoors Property, misrepresenting the identity of a user, and using buying agents or conducting fraudulent activities, on the Brothers Outdoors Properties are prohibited.
You may not violate or attempt to violate the security of the Brothers Outdoors Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Brothers Outdoors Property for unintended purposes or trying to change the behavior of any Brothers Outdoors Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Brothers Outdoors Property, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Brothers Outdoors (impersonating Brothers Outdoors) or to any Brothers Outdoors Property (impersonating as a legitimate user). You may not send unsolicited or unauthorized email on behalf of Brothers Outdoors, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine or data to interfere or attempt to interfere with the proper working of any Brothers Outdoors Property or any activity being conducted on any Brothers Outdoors Property. You may not use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Brothers Outdoors Property other than the search engine and search agents we provide and generally publicly available browsers.