Terms & Conditions

OVERVIEW
This website is operated by BrushSpa®. BrushSpa® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing a product or service from us, you are deemed to have read and agreed to engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice and any or all Agreements: Customer, You and Yours refers to you, the person accessing this website and/or purchasing products or services from BrushSpa® and thereby accepting our terms and conditions. BrushSpa®, Ourselves, We, Us and Our refers to BrushSpa®. Party or Parties refers to both the Customer and ourselves, or either the Customer or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of Service, then you are expressly prohibited from accessing the website and using any of our products or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time without prior notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website and/or purchase of BrushSpa’s products or services following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. It provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Accordingly, your continued use of or access to the website and/or purchase of BrushSpa’s products or services is on your own initiative and at your sole risk and responsibility.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service or deny the access to and use of our products and/or services to anyone at any time for any reason or for no reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service and/or products, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. We reserve the right, but not the obligation, in our sole discretion and without limitation, to: (a) monitor the Services for violations of the Terms of Service; (b) take reasonable legal action against anyone who violates the Terms of Service, including reporting such user to law enforcement authorities; (c) otherwise manage the Services in a manner designed to protect our rights and property to facilitate the proper functioning of the Services and/or products.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, updated or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk and sole responsibility.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time for any reason or for no reason without prior notice or warning, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services and/or products are subject to change at any time for any reason or for no reason without prior notice or warning. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees and taxes.

We reserve the right at any time for any reason or for no reason to modify, change, remove or discontinue all or part of the Service and/or products (or any part or content thereof) without prior notice or warning.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services and/or products. We do not guarantee the Services and/or products will be available at all times. We may experience hardware, software, or other technical problems or need to perform maintenance related to the Services, resulting in interruptions, delays or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services and/or products during any downtime, interruption or discontinuance of the Services. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Services and/or products or to provide any corrections, updates, reimbursements or releases in connection therewith.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have taken reasonable efforts to display accurately the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color or image will be accurate.

We reserve the right and may, in our sole discretion, but are not obligated, to limit or cancel the sales of our products and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without prior notice or warning, at our sole discretion. We reserve the right to discontinue any product at any time for any reason or for no reason without prior notice or warning.

Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors or mistakes in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us any time for any reason or for no reason without prior notice or warning. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may (but are not obligated to) attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit, cancel or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. We do not warrant, endorse, guarantee or assume responsibility for any product and/or service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction or interaction between you and any third-party provider.

 

You acknowledge and agree that we provide access to such tools ”as is” and ‘where is’ and with all faults and defects, latent or otherwise and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We do not monitor or review the content of other third parties’ websites, materials, content, products and/or services which may be linked to or from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and we shall not be regarded as the publisher of such opinions or materials.

We are not liable for any harm, loss or damages related to the purchase or use of goods, services, resources, content, privacy practices or any other transactions made in connection with any third-party websites, including, without limitation, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. You must evaluate the security and trustworthiness of any other site connected to this website or accessed through this website yourself before disclosing any personal information to it. BrushSpa® will not accept any responsibility for any harm, loss or damages in whatever manner, howsoever caused, resulting from your disclosure to third parties of your personal information. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time and for any reason, without restriction or permission from you or any third party, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We reserve the right and may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to this website and its contents or which may be provided by any affiliates or any other third party, including in relation to any typographical errors, inaccuracies or omissions to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, give prior notice or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate any person, business or other entity, whether or not based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will restrict, interfere, interrupt, impair, affect the functionality, use, features, maintenance or operation of the products and/or Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with, circumvent, prevent or otherwise disable the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products and/or Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the products and/or Services will be accurate or reliable.

You agree that from time to time we may remove the Services for indefinite periods of time or cancel the service at any time for any reason, without notice to you.

You expressly agree that your use of, or inability to use, the products and/or Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and ‘where is’ and with all faults and defects, latent or otherwise, and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement with respect to the quality, condition or value of the products and/or Services.

In no case shall BrushSpa®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, cause of action, liability, expense, demand or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from any of the Services or any products or services procured using the Service, or for any other claim related in any way to the Services or any product or service, including, but not limited to, any errors, inaccuracies or omissions in any content, or any loss or damage of any kind incurred as a result of the Services or any content (or product) posted, transmitted, or otherwise made available via, or in connection with, the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless BrushSpa® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, cause of action, damage, loss, liability, expense or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law, regulation or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the unlawful, void, invalid or unenforceable portion shall be severed from these Terms of Service and the remaining terms will continue to apply and such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions or its applicability in any other jurisdiction.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time for any reason by notifying us in writing at least 24 hours in advance that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate your rights pursuant to these Terms of Service at any time and for any reason or for no reason without notice and you will remain liable for all amounts due up to and including the date of termination, including the ending of Services that are already underway; and/or accordingly may deny you access to our Services (or any part thereof). No refunds shall be offered, where a Service is deemed by us to have begun.

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service, or failure to exercise any option to terminate, shall not constitute a waiver of such right or provision and shall not affect the validity of these Terms of Service or of any Privacy Policy, Disclaimer Notice, Agreements or any part thereof, or the right thereafter to enforce each and every provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Your accessing of this website and/or purchasing a product or service indicates your understanding, agreement and acceptance of the Privacy Policy, Disclaimer Notice and the full Terms of Service contained herein.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate Privacy Policy, Disclaimer Notice, Agreements or any part thereof whereby we provide you Services and/or products or services shall be governed by and construed in accordance with the laws of the State of Texas, to the fullest extent allowed by law, without regard to any conflict of law principles. By accessing this website, using our Services and/or purchasing our products or services, you consent to these Terms of Service and to the exclusive jurisdiction of the state and federal courts located in the State of Texas in any and all disputes arising from or in connection with or related to these Terms of Service or your use of our Services and/or products or services.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION