Brumatestore Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the Brumatestore website (brumatestore.com) and all associated services, features, and content (collectively, the “Site”) offered by Brumatestore (“we”, “us”, or “our”). By accessing or using the Site, you (“you” or “User”) acknowledge that you have read, understood, and agreed to be bound by these Terms, as well as our Privacy Policy, Terms of Purchase, and other posted policies (collectively, “Governing Documents”). If you do not agree to these Terms, you must immediately cease using the Site. For questions about these Terms, contact our support team at [email protected].

1. Eligibility & Account Creation

To use certain features of the Site (e.g., placing orders, saving favorites), you may need to create an account. By creating an account, you represent and warrant that:

  • You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into binding agreements.
  • The information you provide during account registration (e.g., name, email address, password) is accurate, complete, and current.
  • You will not use the Site on behalf of any third party without our prior written consent.

We reserve the right to deny account creation or suspend/terminate accounts that violate these Terms or pose a risk to the Site or other Users.

2. Account Responsibility

You are solely responsible for maintaining the confidentiality of your account password and any other access credentials. You agree to:

  • Notify us immediately at [email protected] if you suspect any unauthorized access to or use of your account.
  • Accept full responsibility for all activities conducted under your account, including any purchases, communications, or actions taken by third parties using your credentials.
  • Update your account information promptly if it changes (e.g., email address, shipping preferences) to ensure accurate communication and service.

We are not liable for any loss or damage resulting from your failure to protect your account credentials.

3. Permitted Use of the Site

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site solely for the following legitimate purposes:

  • Browsing, searching, and learning about our products (tumblers, drinkware, coolers) and services.
  • Placing orders for products in compliance with our Terms of Purchase.
  • Submitting customer support inquiries or feedback.
  • Using account features (e.g., saving order history, managing shipping addresses) as intended.

4. Prohibited Uses

You agree not to use the Site for any unlawful, fraudulent, or harmful purpose, or in any way that violates these Terms or applicable laws. Specifically, you shall not:

  • Access, modify, or attempt to bypass the Site’s security features, including but not limited to unauthorized access to databases, servers, or user accounts.
  • Use the Site to transmit or distribute spam, malware, viruses, or other harmful software or content.
  • Engage in scraping, crawling, or data mining of the Site’s content (e.g., product prices, descriptions) without our prior written permission.
  • Impersonate Brumatestore, our employees, or other Users, or make false claims about your affiliation with us.
  • Use the Site to promote or facilitate illegal activities, discrimination, harassment, or violence.
  • Modify, reproduce, distribute, display, or create derivative works of the Site’s content (e.g., logos, product images, text) without our explicit written consent.
  • Place orders with the intent to defraud (e.g., using stolen payment information, ordering products for resale in violation of our policies).

5. Site Content & Intellectual Property

All content on the Site, including but not limited to text, logos, trademarks, product images, designs, and software (“Content”), is the exclusive property of Brumatestore or our licensors and is protected by copyright, trademark, and other intellectual property laws.

  • The “Brumatestore” name and logo, as well as other product names and marks used on the Site, are trademarks of Brumatestore. You may not use these marks without our prior written permission.
  • We do not warrant that the Content is error-free, complete, or up-to-date. We may modify, update, or remove Content at any time without notice.
  • User-generated content (e.g., reviews, feedback, comments) submitted to the Site grants Brumatestore a non-exclusive, worldwide, perpetual license to use, reproduce, display, and distribute such content for promotional, marketing, or service improvement purposes, without additional compensation to you. You represent that you own or have the right to submit such content and that it does not infringe on third-party rights.

6. Third-Party Links & Services

The Site may contain links to third-party websites, services, or content (e.g., social media platforms, payment processors). These links are provided for your convenience only, and we do not control or endorse such third parties.

We are not liable for the content, privacy practices, or performance of third-party websites or services. Your use of third-party links is at your own risk, and you should review the terms of use and privacy policies of those third parties before using their services.

7. Disclaimers & Limitation of Liability

7.1 Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRUMATESTORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE) ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM RELATED TO THE SITE OR THESE TERMS SHALL NOT EXCEED $100. THIS LIMITATION DOES NOT APPLY TO DAMAGES CAUSED BY OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FAILURE TO COMPLY WITH APPLICABLE CONSUMER PROTECTION LAWS.

8. Indemnification

You agree to indemnify, defend, and hold harmless Brumatestore, its employees, directors, affiliates, and licensors from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use of the Site or violation of these Terms.
  • Your account activities, including unauthorized use by third parties.
  • User-generated content you submit to the Site, including claims of infringement or defamation.

9. Termination

We may terminate or suspend your access to the Site at any time, with or without notice, if you violate these Terms, engage in fraudulent or illegal activity, or pose a risk to the Site or other Users. Upon termination, your right to use the Site will immediately cease.

You may terminate your account at any time by contacting us at [email protected]. Termination of your account does not relieve you of any obligations incurred prior to termination (e.g., payment for orders placed).

10. Changes to These Terms

We may update these Terms periodically to reflect changes in business practices, technology, or applicable laws. When we make changes, we will revise the “Last Updated” date at the bottom of this page and post the revised Terms on the Site. We encourage you to review these Terms regularly.

Your continued use of the Site after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Site immediately.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of laws principles.

Any disputes arising from or related to these Terms or your use of the Site shall first be resolved through good-faith negotiation with our support team. If negotiation fails, the dispute shall be submitted to binding arbitration in Los Angeles, California, in accordance with the rules of the American Arbitration Association. Arbitration awards shall be final and enforceable in any court of competent jurisdiction.

12. Contact Us

For questions, concerns, or requests related to these Terms or your use of the Site, please contact us: