By accessing and browsing this website, which includes the B. Direct Portal (the “Site”), you accept the terms and conditions contained herein without limitation or qualification. If you do not agree with any of the terms, please do not use the Site.
1. Ownership of Site. This Site, which includes all text, images, illustrations, software and any audio or video clip, is owned and operated by Brown Printing Company ("Brown"), and Brown makes it and the information contained therein available for your personal, non-commercial use. Visitors of this Site may download or copy the contents of this Site or other downloaded items for personal use only.
2. Confidentiality. You acknowledge and warrant that information or material which you provide electronically through your access to or usage of this Site is not confidential or exclusive, except as may be required under applicable law, and does not infringe the rights of any person or entity. You further acknowledge and warrant that such information or material may be used in whole or in part in any manner by Brown.
3. Exclusion of Warranties. Brown makes no representation or warranty regarding the functionality or condition of this Site, its suitability for use, or that its use will be uninterrupted or error-free. The Site is provided to you “AS IS” and without warranties or conditions, written or oral, statutory, expressed or implied, including, without limitation, warranties of merchantability or fitness for a particular purpose. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, the unpermitted exclusions of warranties do not apply.
4. Limitation of Liability. Brown will not be liable for any damages, whether direct or indirect, incidental, special or consequential, for your use or inability to use the Site, including without limitation, your use or inability to use information provided in the B. Direct Portal, or termination of your rights to use the Site or the B. Direct Portal. Brown will not be compelled to provide indemnification or any other remedy to you or any third party relating to your use of the Site. Your sole and exclusive remedy is to discontinue using and accessing this Site. To the extent that the jurisdiction to which you are subject does not allow any part of such limitation, the prohibited limitation does not apply.
5. Accuracy of Information. While Brown attempts to update the information or materials on this Site as often as possible, no assurance is given that information or material on this Site is up-to-date, accurate, error-free or complete. Brown cannot and does not warrant the accuracy, completeness or timeliness of the information contained herein. You should be aware that information contained in this Site may have become outdated.
6. B. Direct Portal. Brown makes the B. Direct Portal available to its customers for information purposes only. You acknowledge that your use of the B. Direct Portal, if any, is subject to these Terms and Conditions. As it relates to the B. Direct Portal, certain customers of Brown are designated as “Super Users.” Super Users may provide access to the customer information accessible through the B. Direct Portal about the Super User to employees and third party contractors of the Super User. Each Super User acknowledges and agrees that it is solely responsible for managing the use of any person that the Super User grants access to the customer’s information located in the B. Direct Portal. Brown has no responsibility whatsoever to manage or monitor the use of any person that the Super User grants access to the B. Direct Portal. The Super User acknowledges and agrees that Brown shall not be liable in any way for damages or harm caused to the Super User resulting from the Super User granting access to the Super User’s information in the B. Direct Portal.
7. Trademarks. Trademarks, logos and service marks (collectively, “Marks”) displayed on this Site are registered or unregistered Marks of Brown or others, are the property of their respective owners, and may not be used without written permission from Brown or from the owner of such Marks respectively.
8. Viruses. Brown does not represent or warrant that the information or materials accessed from or through this Site will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems which are discovered will be corrected.
9. Damage to Others. You agree not to introduce to or through this Site any information or materials which may be harmful to others. Among other things, you agree not to include, knowingly or otherwise, any error or defect in materials or information which may, among other things, be a libel, slander, defamation or obscenity, or promote hatred or otherwise give rise to a criminal offence or civil liability on the part of any person or entity.
10. Reservation of Rights. All rights not expressly granted in these terms are reserved to Brown. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual right of Brown or any other person or entity.
11. Governing Law and Jurisdiction. This site is controlled and operated by Brown from Waseca, Minnesota and these terms shall be governed by the laws of Minnesota and the applicable laws of the United States without reference to principles of conflict of laws. You agree to be bound by such laws and to submit to the jurisdiction of the courts of the Minnesota in connection with the interpretation or application of these terms. Brown makes no representation that materials on the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.
12. Survival. These terms and conditions apply while you are accessing the Site and remain in effect thereafter.