Terms of Use
The Brookwood Companies Web Site (the “Site”) is an online information services where you can purchase fabrics and textiles provided by Brookwood Companies Incorporated (“Brookwood”), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of Brookwood.
Agreement. Please read the following information carefully before using this Site. If you do not agree with any part of these Website Terms (“these Terms”), do not use this Site. Brookwood reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms at any time and by using this Site after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
A member account is required to purchase items via this Site. If you do not have an account, proceed to checkout to create an account. If you already have an account, sign in at checkout or click here to sign in. If you do not wish to have an account, please call 1-800-247-6658 or email us at customercare@brookwoodcompanies.com for help placing your order. All orders are subject to the Terms of Sale .
Disclaimer of Warranties; THIS SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties. As a result the above may not apply to you. These warranties are hereby excluded to the fullest extent permissible by law.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL BROOKWOOD BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Brookwood’s liability is limited to the greatest extent permitted by law, or the amount paid for your order, whichever is less.
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
Privacy. Personal information transmitted to Brookwood will be treated in accordance with our Privacy Policy.
Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the “Materials”) are owned by Brookwood and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of Brookwood or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes.
Trademarks. Trademarks and service marks that may be referred to on this Site are the property of Brookwood or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of Brookwood or the Brookwood logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain Brookwood’s written permission in advance, although we permit you to use certain designated features of the Site to use our logo as a hyperlink for designated purposes.
Right to Preserve and Disclose. Brookwood may preserve all information you provide. Brookwood may also disclose information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) complete your transaction; (b) comply with legal process; (c) enforce this Agreement; (d) respond to claims that any materials on this Site violate your rights or the rights of third parties; (e) protect the rights, property, or personal safety of Brookwood, its users and/or the public; or (f) in the event that all or substantially all of Brookwood’ assets are acquired by a third party.
Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) “frame” the Site or any portion thereof or otherwise cause the Site or its contents to appear to be provided by anyone except Brookwood; (d) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Materials, or retrieve or record information about the Site or its users; (e) merge the Site or Materials with another program or create derivative works based on the Site or Materials; (f) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Materials; (g) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Site to others; (h) use, or allow the use of, the Site or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, Brookwood and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Issuance of Passwords. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. Passwords may not be shared or used by more than one individual. It is each individual user’s responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.
Prohibition on Scripts, Bots, Third Parties, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the Site.
Prohibition on Scraping. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Site for any commercial purpose. “Commercial purpose” includes but is not limited to training or supplying such data or information to any artificial intelligence or machine learning program.
Lost Passwords. In the event your password is lost or stolen it is your responsibility to notify Brookwood at the address listed in the “Contact Us” section.
Ownership of Usage Data. Brookwood may collect and aggregate data about your usage of the Site, and Brookwood shall be the sole owner of such information.
Links. Although Brookwood controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. Brookwood includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that Brookwood is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. Brookwood reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by Brookwood, and may have different terms of use and privacy policies, which Brookwood encourages you to review.
Exclusions And Limitations; Consumer Protection Notice. If you are a consumer, the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of “Links” section above do not limit or waive your rights as a consumer under New Jersey law and the provisions in this Agreement are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey. In any event, Brookwood reserves all rights, defenses and permissible limitations under the law of your State of residence.
Must Be At Least 18 Years Old to Use This Site. At this Site Brookwood makes no active effort to collect personal information from individuals under the age of eighteen (18). Brookwood requires that Site users must be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older).
Site Controlled from United States; Prohibited Persons and Countries. This Site is controlled from offices within the United States. Brookwood makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF NEW YORK WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Not Authorized to Do Business In Every Jurisdiction. Brookwood is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to goods or services that are not available in your state or country.
Entire Agreement; Severability. You acknowledge that you have read and understood these Terms and that you agree to be bound by its terms and conditions. If any provision of these Terms is found unenforceable, it shall not affect the validity of these Terms, which shall remain valid and enforceable according to its terms.
Contact Us
For further information, or inquiries about these Terms, please contact:
Legal@brookwoodcompanies.com
