BramJam Website Terms and Conditions

Effective Date: 05/01/2023


Acceptance of Terms

By accessing or using the BramJam website (the “Site”) and our services, you agree to be bound by these Terms and Conditions (“Terms”). These Terms constitute a legal agreement between you (“User”) and BramJam (“Company,” “we,” or “us”). If you do not agree to any part of these Terms, you must discontinue use of our Site and services. Your use of the Site is also subject to our Privacy Policy (available at https://bramjam.com/privacy-policy), which is hereby incorporated by reference.

Modifications: We reserve the right to modify or update these Terms at any time. If we make material changes, we may provide notice by posting the updated Terms on our Site and updating the “Effective Date” above. It is your responsibility to review these Terms periodically. Continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.


User Accounts and Security

Certain features of our Site may require you to create an account. When creating an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. We are not liable for any loss or damage arising from your failure to safeguard your account information.

Users must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account or use our services. By creating an account, you represent that you meet the eligibility requirements. Parents or guardians are responsible for supervising the use of our Site by minors.


Permissible Use of the Site

You agree to use the BramJam Site and services only for their intended and lawful purposes. You must not misuse our Site or services. In particular, when using our Site you agree not to:

  • Violate any applicable laws or regulations, or encourage others to do so.
  • Infringe on the rights of any third party, including intellectual property, privacy, or publicity rights.
  • Send, post, or transmit any harmful, disruptive, or abusive code, viruses, or malware.
  • Attempt to gain unauthorized access to our systems or other users’ accounts, or interfere with the proper working of the Site.
  • Engage in any fraudulent, deceptive, or misleading activities.
  • Use the Site to harass, stalk, threaten, or harm any individual or to post obscene or objectionable content.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these rules, including suspending or terminating accounts or access to the Site.


Intellectual Property Rights

All content and materials on the Site, including text, graphics, logos, images, software, and trademarks, are the property of BramJam or our licensors and are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Site and its content for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any content from our Site without our express prior written permission, except as allowed by law (such as fair use).

The “BramJam” name and logo are trademarks of BramJam. You may not use our trademarks, service marks, or trade dress without our prior written consent. All rights not expressly granted to you in these Terms are reserved by BramJam and its licensors.


User-Generated Content

If our Site allows you to submit or post content (such as comments, feedback, or other materials), you retain ownership of any intellectual property rights in the content that you create and submit. However, by submitting any content on our Site, you grant BramJam a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content (in whole or in part) in any media formats and channels known or later developed, for the purpose of operating and improving the Site and our services.

You represent and warrant that you have all necessary rights to the content you submit, and that such content does not infringe or violate the rights of any third party or any laws. We are not responsible for any user-generated content, and we reserve the right (but have no obligation) to monitor, remove, or edit any content submitted by users at our discretion.


SMS and Mobile Messaging Terms

Opting In: By providing your mobile phone number and opting in (such as via an online form, account settings, or other means), you consent to receive SMS/text messages from BramJam. These messages will be service-related communications only – we will never send you marketing or promotional texts. For example, you may receive messages regarding appointment reminders, order or delivery alerts, account verifications or notifications, billing notices, or other relevant updates related to your use of our website and servicesesmartcontrol.com. We will not use SMS to send advertising content, and we will not share your phone number or SMS consent data with any third parties or affiliates for marketing purposeslitnetwork.org.

Messaging Frequency: The number of text messages we send will depend on your interactions with us and the extent of services you use. Messaging frequency may vary (for instance, you might receive multiple notifications in a week if you have multiple account activities, or infrequent messages if activity is low)esmartcontrol.com. However, we will only send messages when necessary to fulfill the purposes stated above (e.g., to confirm an appointment or alert you of an account change).

Fees and Costs: BramJam does not charge you any separate fee for sending SMS messages, but message and data rates may apply to messages sent by us to your mobile device and messages you send to us, according to your cellular planesmartcontrol.com. You are responsible for any such charges from your mobile carrier. If you have questions about your text or data plan, please contact your wireless provider.

Opt-Out (Stopping SMS): Your consent to receive text messages is voluntary, and you can opt out at any time. To stop receiving SMS messages from us, simply reply or text “STOP” to any BramJam message. After we receive a STOP request, we will send a one-time confirmation text to let you know you have been unsubscribed, and after that you will no longer receive SMS from us (unless you opt in again in the future). Reply STOP to any message to opt out of SMS communications at any timeesmartcontrol.com. Please note that if you opt out of SMS, we may still contact you by other means as allowed (such as email or phone call, if applicable, and as permitted by our Privacy Policy).


Help and Support: If you need assistance with our text messaging service, you can reply or text “HELP” to any BramJam SMS. When you send “HELP”, we will respond with instructions on how to manage your communication preferences and how to contact customer support. For further assistance, you can also visit our website or contact us through our support page at https://bramjam.com/contact


Standard Messaging Disclosures: For clarity and to comply with industry standards, we make the following disclosures:

  • Messaging frequency may vary.
  • Message and data rates may apply.
  • To opt out at any time, text STOP.
  • For help, text HELP or visit our website.
  • Mobile carriers are not liable for delayed or undelivered messages


Privacy: We value your privacy. Any personal information, including phone numbers, that you provide for SMS communications will be used solely to provide you with the stated services (notifications, reminders, etc.) and will be handled in accordance with our Privacy Policy. We will not share your telephone number or any SMS opt-in information with third-party marketers or use it for unsolicited marketing purposes. For details on how we collect, use, and protect your information, please review our Privacy Policy at https://bramjam.com/privacy-policy.


Opting Back In: If you have opted out of our SMS messages and wish to re-subscribe, you may opt in again via the same methods as before (for example, by adjusting your account settings or submitting a new request form). Once you opt in, we will resume sending SMS messages as described in these Terms.


No Purchase Condition: Your decision to opt in to SMS updates is entirely optional and is not a condition for purchasing any goods or services from BramJam. If you prefer not to receive texts, you can still use our website and services.


External Support: If you have any questions regarding these SMS Terms or need further support beyond texting "HELP", you can contact BramJam customer service via our Contact page or by email/phone as listed on our website. We will be happy to assist you with any concerns.


Links for Terms and Policy: For easy reference, you can visit our Privacy Policy and full Website Terms of Service online at any time. Visit https://bramjam.com/privacy-policy for our Privacy Policy and Visit https://bramjam.com/terms-conditions for our complete Terms of Service.


Privacy and Data Protection

Your use of the Site and our services is subject to our Privacy Policy, which details how we collect, use, store, and protect your personal information. By using the Site, you acknowledge that you have read the Privacy Policy and understand that personal information you provide will be handled as described in that policy. In particular, if you provide us with contact information (such as an email address or phone number), you consent to our use of that information to communicate with you about your account or use of the services, in accordance with the Privacy Policy and the SMS terms above. We implement reasonable security measures to protect your data, but you understand that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security of your information.


Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by BramJam. These links are provided for your convenience or reference only. BramJam does not endorse and is not responsible for the content, products, services, or practices of any third-party websites. If you access any third-party site via a link on our Site, you do so at your own risk. We encourage you to review the terms and privacy policies of any third-party websites that you visit. BramJam will not be liable for any loss or damage incurred as a result of your dealings with third parties found through our Site.


Disclaimer of Warranties

Use at Your Own Risk: Your use of the BramJam Site and services is at your sole risk. The Site and all its content, features, and services are provided on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, either express or implied.

To the fullest extent permitted under applicable law, BramJam disclaims all warranties, express or implied, relating to the Site and services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not guarantee that the Site will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no warranty or representation regarding the accuracy or completeness of any content on the Site or the results that may be obtained from use of the Site.


No Advice or Professional Service: Any information or content provided on the Site is for general informational purposes only and does not constitute legal, financial, medical, or professional advice. You should consult appropriate professionals for advice specific to your situation. BramJam is not responsible for any decisions you make based on information obtained through the Site.


Limitation of Liability

To the maximum extent permitted by law, BramJam and its affiliates, officers, employees, agents, and partners will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or related to (a) your use of or inability to use the Site or services; (b) any content obtained from the Site; (c) unauthorized access to or alteration of your transmissions or data; or (d) the conduct or content of any third party on the Site.


In no event will our total liability for all claims arising from or related to these Terms or your use of the Site exceed the amount (if any) that you have paid to BramJam for accessing the Site or using our services in the last twelve (12) months, or one hundred US dollars (USD $100), whichever is greater. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.


Indemnification

You agree to indemnify, defend, and hold harmless BramJam and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) your violation of these Terms or any applicable law or regulation; (b) your user content or submissions; (c) your misuse of the Site or services; or (d) your infringement of any intellectual property or other rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.


Termination

We may, in our sole discretion, suspend or terminate your account or your access to all or part of the Site at any time, with or without notice, for any reason including, without limitation, if we believe that you have violated these Terms or any applicable law. Upon termination, all provisions of these Terms which by their nature should survive will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.


You may terminate your use of our services at any time by discontinuing access to the Site and, if you have an account, by deleting your account or requesting that we delete it. Termination of your account will not relieve you of any obligation to pay any fees (if applicable) or any liability that may have arisen prior to termination.


Governing Law and Jurisdiction

These Terms and any dispute arising out of or related to these Terms or the use of the Site will be governed by and construed in accordance with the laws of the State of Georgia, USA, without regard to its conflict of law principles. You agree that any disputes or claims arising out of or in connection with these Terms or the Site shall be subject to the exclusive jurisdiction of the state and federal courts located in the State of Georgia, and you consent to personal jurisdiction in such courts.


If you are accessing the Site from outside the United States, you are responsible for compliance with local laws. Notwithstanding the foregoing, BramJam retains the right to bring legal proceedings in any jurisdiction where we believe that infringement of these Terms is taking place or originating.


Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.


Contact Information

If you have any questions, concerns, or comments about these Terms and Conditions or our services, please feel free to contact us. You can reach BramJam’s customer support by visiting our Contact Us page on the website. Alternatively, you may email us at support@bramjam.com or write to us at the mailing address provided on our website. We will endeavor to respond to inquiries in a timely manner.


By using the BramJam Site or services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for reading our Terms, and thank you for using BramJam!


Your use of the Site constitutes your agreement to these Terms.