Terms of Use

Terms of Use - Brumatn

These Terms of Use (“Terms”) govern your access to and use of Brumatn.com (“Website”), including all content, features, and services offered through the Website (such as browsing insulated tumblers, drinkware, and coolers, creating an account, placing orders, or engaging with customer support). By accessing or using the Website, you (“User” or “You”) agree to be bound by these Terms, as well as our Privacy Policy, Shipping Policy, Refund Policy, and Terms of Purchase (all available on the Website). If you do not agree to these Terms, you may not access or use the Website.

1. Eligibility to Use the Website

  • You must be at least 13 years old to access or use the Website. If you are between 13 and 17 years old, you may use the Website only with the supervision and written consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
  • By using the Website, you confirm that you have the legal capacity to enter into these Terms (or that your parent/guardian has such capacity and consents to these Terms).
  • Brumatn reserves the right to restrict, suspend, or terminate your access to the Website at any time, without prior notice, if you violate these Terms, engage in fraudulent or unlawful activity, or pose a risk to other Users or the Website.

2. Account Creation & Management

  • Account Registration: To access certain features (e.g., placing orders, saving favorite products, tracking shipments), you may need to create a user account. When registering, you must provide accurate, complete, and up-to-date information (including your name, email address, and a secure password).
  • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials (password, email address) and for all activities conducted under your account. Immediately notify Brumatn at [email protected] if you suspect unauthorized access to your account (e.g., unknown orders, changes to personal information). Brumatn shall not be liable for any loss or damage resulting from your failure to protect your account.
  • Account Termination: You may delete your account at any time by contacting our customer service team. Brumatn may also terminate or suspend your account without prior notice if you violate these Terms (e.g., fraudulent ordering, sharing account access with others, or misusing Website features). Upon termination, you will lose access to account-specific features, but any existing orders will be governed by our Terms of Purchase.

3. Permitted Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms. Permitted uses include:
  • Browsing the Website to view product information (e.g., insulation performance of tumblers, dimensions of coolers, material details of drinkware).
  • Creating and managing a user account to place orders, save favorite products, and track shipping (as outlined in our Shipping Policy).
  • Contacting customer service for assistance with product questions, orders, returns, or refunds (via [email protected]).
  • Subscribing to our newsletter (if available) to receive updates on new products, exclusive offers, or care tips for insulated items—you may unsubscribe at any time via the “unsubscribe” link in our emails.

4. Prohibited Uses of the Website

You may not use the Website for any unlawful, fraudulent, or harmful purpose. Prohibited activities include, but are not limited to:
  • Accessing or attempting to access restricted areas of the Website (e.g., administrative portals, customer data databases) without authorization.
  • Using automated tools (e.g., bots, scrapers, crawlers) to collect, extract, or copy Website content (including product images, descriptions, pricing, or user data) without prior written permission from Brumatn.
  • Uploading, transmitting, or distributing malware, viruses, or other harmful software that could damage the Website, Brumatn’s systems, or other Users’ devices.
  • Making false or misleading claims (e.g., creating fake accounts, submitting fraudulent orders, impersonating another person or entity).
  • Violating intellectual property rights (e.g., reproducing, modifying, or distributing the Website’s logos, product designs, or content without authorization; using Brumatn’s brand name in unauthorized promotions).
  • Interfering with the Website’s functionality (e.g., overloading servers, disrupting navigation, bypassing security measures, or manipulating product availability or pricing).
  • Using the Website to promote or sell third-party products or services, or to send unsolicited commercial communications (spam).

5. Intellectual Property Rights

  • Brumatn’s Intellectual Property: All content on the Website (including text, logos, graphics, product images, videos, software, and brand names like “Brumatn”) is the property of Brumatn or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, modify, distribute, display, or create derivative works from this content without prior written permission from Brumatn.
  • Product Designs: Designs of Brumatn’s insulated tumblers, drinkware, and coolers (including insulation technology, lid mechanisms, and aesthetic features) are proprietary to Brumatn and may be protected by patents or design rights. Unauthorized replication of these designs is prohibited.

6. User-Generated Content (If Applicable)

If the Website allows you to submit user-generated content (e.g., product reviews, photos of you using Brumatn products, or comments on social media integrations), you agree that:
  • You own or have the legal right to submit the content, and the content does not infringe on any third party’s intellectual property, privacy, or other rights (e.g., no photos of others without their consent, no copyrighted material).
  • The content is accurate, respectful, and compliant with these Terms (no hate speech, harassment, obscenity, violence, or unlawful content).
  • You grant Brumatn a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content on the Website, in marketing materials, or on social media—with attribution to you, if applicable.
  • Brumatn reserves the right to moderate, edit, or remove user-generated content at any time without notice, particularly if it violates these Terms or is deemed inappropriate.

7. Website Availability & Content Accuracy

  • Availability: Brumatn strives to keep the Website accessible 24/7, but we do not guarantee uninterrupted or error-free access. The Website may be temporarily unavailable for maintenance, updates, or technical issues (with or without prior notice). Brumatn shall not be liable for any loss, inconvenience, or damages resulting from Website downtime.
  • Content Accuracy: We make every effort to ensure Website content (including product details, pricing, insulation claims, and shipping information) is accurate and up-to-date. However, errors may occur (e.g., typographical mistakes, stock discrepancies, or outdated product information). Brumatn reserves the right to correct errors and update content at any time without notice. We are not liable for any decisions you make based on outdated or incorrect content (e.g., purchasing a cooler based on incorrect dimension listings).

8. Links to Third-Party Websites

The Website may contain links to third-party websites (e.g., social media platforms like Instagram or Facebook, payment processors like Stripe or PayPal, or shipping carriers like USPS). These links are provided for convenience only, and Brumatn does not control or endorse the content, privacy policies, or practices of third-party sites. You access third-party websites at your own risk, and Brumatn shall not be liable for any loss or damage arising from your use of such sites. We recommend reviewing the privacy policy and terms of use of any third-party site before sharing personal information.

9. Limitation of Liability

  • Disclaimer of Warranties: The Website and its content are provided “as is” and “as available” without any warranties of any kind (express or implied), including warranties of merchantability, fitness for a particular purpose, or non-infringement. Brumatn does not warrant that the Website will be secure, error-free, or compatible with your device.
  • Limitation of Liability: To the maximum extent permitted by law, Brumatn shall not be liable for any direct, indirect, incidental, special, or consequential damages (e.g., loss of data, loss of profits, damage to your device, or inconvenience) arising from your access to or use of the Website, even if we have been advised of the possibility of such damages. Our total liability for any claim related to the Website shall not exceed $100 or the total amount you have paid to Brumatn in the past 12 months (whichever is greater).

10. Indemnification

You agree to indemnify, defend, and hold harmless Brumatn, its officers, employees, and licensors from and against any claims, losses, damages, liabilities, and expenses (including attorney fees) arising from:
  • Your use of the Website or violation of these Terms.
  • Your submission of user-generated content (if applicable).
  • Your purchase or use of Brumatn products (including any disputes with third parties related to the products).

11. Changes to These Terms

Brumatn may update these Terms of Use from time to time to reflect changes in our business practices, legal requirements, or Website features. When we make changes, we will revise the “Last Updated” date at the top of this page and post the revised Terms on the Website. Your continued access to or use of the Website after the changes take effect constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of updates.

12. Governing Law & Dispute Resolution

  • Governing Law: 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.
  • Dispute Resolution: Any dispute arising from or related to these Terms or your use of the Website shall first be resolved through good-faith negotiation by contacting our customer service team at [email protected]. If the dispute cannot be resolved through negotiation, it 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 binding on both parties.

13. Contact Us

If you have questions, concerns, or disputes related to these Terms of Use or your use of the Website, please contact our customer service team at [email protected]. We will make every effort to resolve issues promptly and fairly.
By accessing or using Brumatn.com, you acknowledge that you have read, understood, and agreed to these Terms of Use.