1. Overview

This website is operated by Brass Eye, LLC. Throughout the site, the terms “we,” “us,” and “our” refer to Brass Eye, LLC. We offer this website, including all information, tools, products, 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 something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISION IN SECTION 15 THAT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.

2. Eligibility

By agreeing to these Terms, 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.

You may not use our products 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, 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.

3. Products and Services

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 and Shipping Policy.

We have made every effort to display as accurately as possible the colors, images, and descriptions of our products that appear on the site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Product images are for illustration purposes only and may not be an exact representation of the product.

We reserve the right, but are not obligated, to limit the sales of our products 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 notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

4. Ordering and Payment

When you place an order for goods via our website, your order constitutes an offer to purchase goods from us. Where you order more than one item, your order comprises a series of offers for each item individually. After placing an order, you will receive an order confirmation email. This confirmation acknowledges receipt of your order but does not constitute acceptance of your offer. The contract between us is formed only when we dispatch the goods to you and send a shipping confirmation email.

We accept Visa, Mastercard, American Express, Discover, PayPal, and Apple Pay. All online payments on www.brasseye.co are secured using industry-standard SSL encryption technology to ensure that your order and payment information is protected.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our site. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

5. Pricing and Availability

Prices for our products are subject to change without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate 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.

6. Intellectual Property

All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, products, information, and documentation, as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Services, unless otherwise indicated, are owned, controlled, and licensed by Brass Eye.

Brass Eye, our logo(s), and all other names, logos, and icons identifying Brass Eye and its products and services are proprietary trademarks of Brass Eye, and any use of such marks without express written permission is strictly prohibited.

This site provides only a limited license to you to access and use the Services for personal, non-commercial purposes. You expressly acknowledge and agree that Brass Eye transfers no ownership or intellectual property interest or title in and to the Services to you or anyone else.

7. User Content and Submissions

If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation to maintain any Submissions in confidence, pay compensation for any Submissions, or respond to any Submissions.

You agree that your Submissions will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Submissions will not contain unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service.

8. Privacy

Your submission of personal information through the site is governed by our Privacy Policy, which is available at brasseye.co/privacy-policy. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy. Personal information such as your contact details that you provide during the order process will be kept and used by us in accordance with our Privacy Policy.

9. Prohibited Uses

In addition to other prohibitions as set forth in these Terms, 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; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code; (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 or circumvent the security features of the Service. We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

10. 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 are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

11. Disclaimer of Warranties

AS PERMITTED BY APPLICABLE LAW: (I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; AND (II) Brass Eye MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

12. Limitation of Liability

IN NO EVENT SHALL Brass Eye, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, 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 YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY REASON WHATSOEVER EXCEED THE TOTAL AMOUNT PAID BY YOU TO Brass Eye IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

13. Indemnification

You agree to indemnify, defend, and hold harmless Brass Eye and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

14. Force Majeure

We will not be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any event which is beyond our reasonable control. Such events would include, but are not limited to, fires, floods, earthquakes, storms, natural disasters, war, civil unrest, pandemics, acts of terrorism, or by reason of any act done pursuant to a trade dispute, or any failure of a third party’s obligations.

15. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Kentucky. Each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration.

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to its conflict of law principles. Nothing in these Terms shall affect your legal rights as a consumer.

17. Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Changes to Terms

We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Any changes to these Terms will be effective for all new orders placed after the change is published on the site.

19. Entire Agreement

These Terms, together with our Privacy Policy, Return and Shipping Policy, and any other policies posted on this site, constitute 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.

20. Contact Information

Questions about the Terms should be sent to us at:

Brass Eye, LLC

133 Old Farm Rd. Richmond, KY 40475

Email: hello@brasseye.co

Website: www.brasseye.co