Last Updated on March 2, 2021
Brothers Marketplace, Inc. (“Brothers Marketplace”, “we”, “us” or “our”) provides our services (described below) and related content to you through our website located at rochebros.com or shopping.rochebros.com (collectively, the “Site”) and through our mobile applications and related technologies (“Mobile Apps” and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the “Service”). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OF THESE TERMS OR BY OTHERWISE USING OR ACCESSING THE SERVICES, YOU AGREE YOU HAVE READ AND ARE BOUND BY THESE TERMS. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site and under the main menu of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
Additional Terms: In addition, when using certain Services, you will be subject to any additional terms applicable to such Services that may be posted on or within such Services from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Access and use of the Service
Service Description: The Service is designed to allow you to browse our store ads and specials, keep up to date on the latest food trends, and shop remotely for pickup or delivery.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Brothers Marketplace of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Brothers Marketplace will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Brothers Marketplace reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Brothers Marketplace will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Brothers Marketplace may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Brothers Marketplace’ or its third-party service providers’ servers on your behalf. You agree that Brothers Marketplace has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Brothers Marketplace reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Brothers Marketplace reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Ordering and Delivery
Timing: Available delivery time and/or pick-up periods and associated service fees will be shown as you proceed through the ordering process. You can place your order anytime several days before your delivery date. You may cancel your order via the “My Orders” section of the Site. Note that updated orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items. Cancellation of orders less than four hours prior to a scheduled delivery will result in a Restocking Fee. This fee will be $9.95 for all orders. These fees will be charged to your credit card on file.
Receipt of Goods: To receive delivery, you or a designated recipient (18 years or older) must be available in person (someone at least 21 years old with proper identification for delivery of alcohol and/or tobacco). This designated recipient can accept your goods when you are not present at the time you had selected for delivery and shall accept the goods under all of the same terms and conditions that would apply had you accepted the delivery yourself and must agree to sign for delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive the delivery. If neither you, nor your designated recipient is present during your selected delivery window, we will use commercially reasonable efforts to contact you and reschedule delivery. In some cases there will be a redelivery fee of $9.95. If we are unable to redeliver the order to you for any reason, the order will be canceled and you will be charged the restocking fees as noted in the section above.
Your order will arrive with a receipt that will list all of the items you have received and were billed for. If you have a question with your order, please call Customer Service at the phone number listed on the website.
Product Images and Information: While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown on our Web site. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer. Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. You should not use this information as self-diagnosis or for treating a health problem or disease. Contact your health-care provider immediately if you suspect that you have a medical problem. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither Brothers Marketplace Inc., its Content provider(s), nor product manufacturers assume any liability for inaccuracies, misstatements, or omissions.
Alcohol Delivery Policy: Because Brothers Marketplace is committed to providing responsible service to our customers, we follow all applicable state and federal regulations about the sale and delivery of alcohol, including:
- Someone must be at home to approve and sign for any alcohol delivery.
- The person signing for the order must be at least 21 years of age, with valid Massachusetts ID.
- Delivery driver will check for valid Massachusetts ID before order is delivered to home or business.
- We do not deliver alcohol to schools or group homes.
- Schools in our delivery area should provide Brothers Marketplace address listing of all campus buildings and residence halls, which will be restricted from alcohol delivery. “Do Not Deliver List”
- This listing should be updated annually by school administration.
No one under 21 years of age may place or receive an order from Brothers Marketplace that includes alcohol. Our delivery drivers check identification of all customers receiving alcohol. If a qualified adult is not available to approve and sign for delivery of alcohol items, the delivery driver will remove those items from the order. Your account will be credited for the full amount of any items you do not receive and a $9.95 restocking fee will be assessed. If this results in a balance due, your account will be charged.
If an order containing alcohol is on the “Do Not Deliver List”, customer will be notified before delivery and alcoholic items will not be selected for delivery.
Our delivery drivers have discretion with regard to the delivery of alcohol. If a delivery driver suspects that a person over 21 is accepting the delivery of alcohol for consumption by a minor, the delivery driver may refuse to deliver the alcohol.
Delays: In the case of inclement weather or other circumstances beyond our control, it may be necessary to make adjustments to our delivery schedule, which may cause us to suspend chosen delivery dates and times. If we expect a delay outside of the selected delivery period, our Customer Service representative may call or email you to let you know the status of your delivery time. We will deliver your order the first possible moment the conditions permit. If your designated delivery location or day is inaccessible, rendering us unable to make the delivery, we will contact you to determine the best alternate location and/or date.
Price and Availability
Pricing: The prices applicable to your order will be those in place on the day of your scheduled delivery or pick‑up. Product prices and promotions posted on the Service, or those sent to customers by personalized e mail or any other online or digital method, are good only for the dates indicated. Such offers, promotions and sweepstakes may not be available in store. Certain services, products and/or programs may not be available at all locations. Prices in our stores or services may vary from the prices listed on the Service, and these stores will have no obligation to honor or match such prices if an order has not been placed on the Service or if a promotion does not apply. In the event a product or service is listed at an incorrect price due to a typographical or other error, Brothers Marketplace shall have the right to refuse or cancel any orders for products or services listed at the incorrect price, whether or not the order has been confirmed. Prices are in U.S. dollars, are subject to change, and do not reflect any applicable taxes. The final taxes, deposits and fees will be calculated on the day your order is delivered or available for pick‑up.
You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes, deposits and fees) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. Fees and charges will be assessed in accordance with the then-current Brothers Marketplace fee schedule which can be accessed online. When you place an order, Brothers Marketplace reserves the right to request credit card authorization for up to 115% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing variable weighted items in your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery or pick-up. If you fail to pay any fees or charges when due under the Brothers Marketplace fee schedule (including fees or charges for electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Brothers Marketplace may charge such amount directly to your preferred payment method. You will be liable for any fees, including attorneys’ fees and collection costs, that Brothers Marketplace may incur in its efforts to collect any unpaid balances from you.
Pricing by Weight: For certain items that are sold by the pound and cut, prepared or packaged and/or sold individually, the per item price you see in your shopping cart for such items is based on an estimated weight. The final price of these items will be based on the same price per pound/ounce indicated upon completion of checkout, but the actual price is determined once we have prepared and weighed your order, and will appear on the receipt you receive at the time of your pickup or delivery. You always pay the true price for the actual weight of your products.
Promotion Codes: Promotion codes can be applied to your order by entering the code at checkout. All promotion codes have an expiration date after which they will no longer apply. Promotion codes may be adjusted if the total discount value is greater than the value of your order. We reserve the right to withdraw or cancel any of our promotion codes at any time, either as a whole, or for specific goods or delivery areas. If this happens, then the promotion codes may not be used for any orders placed after the date of withdrawal or cancellation. We reserve the right to reject or cancel the use of a promotion code where fraud or illegal misuse is suspected. We shall not be liable to any customer or household for any financial loss arising out of the cancellation or withdrawal of any promotion code or any failure or inability of a customer to use a promotion code for any reason.
Availability of Perishable Items: Given the perishable nature of our products and our goal to always provide fresh, high-quality products, from time to time certain products may be unavailable due to market conditions beyond our control, or to quality that is below our standards. Therefore, we reserve the right to limit the quantity of a particular product that you may order. Once you complete checkout, your price is guaranteed unless you placed an order for an item where we have inadvertently listed the incorrect price.
Substitutions: Although our goal is to fulfill 100% of each order, from time to time some products may be unavailable due to market conditions beyond our control. If you have enabled substitutions on your order, we may substitute an item that’s very similar to an unavailable item you ordered. If you’re not happy with the replacement, please email [email protected] or call our Customer Service representative at (781) 694-5280.
Coupons: Brothers Marketplace will redeem coupons only for the specific items included in your delivery or pick up order as verified with your purchase transaction. All coupon redemption terms are subject to our coupon policy in effect at time of redemption (“Coupon Policy”).
We may change the terms of our Coupon Policy at any time. Such changes may become effective without advance notice or advertisement. The current Coupon Policy can be found at https://www.rochebros.com/coupon-policy. You are also advised to periodically check our website for any changes to the terms of our Coupon Policy. To submit your coupons for verification, place them in a sealed envelope with your name or order number and give them to your delivery driver or pickup associate when your groceries are received. Upon verification, the coupons will be entered onto your online account. This total verified amount will then be deducted from your next online order. You can view all credit information under the “My Account” section of the Site. Brothers Marketplace reserves the right to refuse any suspect manufacturer or internet printed coupons and limit quantities. You are responsible for repayment of any counterfeit coupons submitted.
For updated counterfeit coupon information go to https://couponinformationcenter.com/.
A credit or approved debit card will be required for all orders made through the Service. You authorize Brothers Marketplace or its payment processing service provider to charge you for all products or services purchased by you through the Service, plus applicable taxes, deposits and fees, to the payment method you provide. “Charge” shall indicate either a charge or a debit, as applicable, against your payment method. You agree to pay promptly all charges to your account (which includes items purchased and applicable taxes, deposits and fees) for any order placed by you or anyone who you allow to use your customer identification number or password, including members of your family, friends or any other person. Fees and charges will be assessed in accordance with the then-current Brothers Marketplace fee schedule and the pickup or delivery fee will be listed when reserving time slots and upon checkout. When you place an order, Brothers Marketplace reserves the right to request credit card authorization for up to 115% of the order total to accommodate updates to your order and the cost of variable weight items. You will only be charged the actual cost that is determined after preparing and weighing variable weighted items in your order. During the authorization process, your card is validated and must have enough available funds for the transaction to be approved. Upon approval, the order will be accepted for shopping and delivery or pick-up. If you fail to pay any fees or charges when due under the Brothers Marketplace fee schedule (including fees or charges for electronic payment rejection, redelivery fees, restocking fees, or damages arising from fraudulent use), Brothers Marketplace may charge such amount directly to the credit card identified under the “My Account” section of the Site. Your right to use the Service is subject to limits established by your payment card issuer. You are responsible and liable for any fees, including attorneys’ fees and collection costs, that Brothers Marketplace may incur in its efforts to collect any unpaid balances from you.
Brothers Marketplace does not process payment for any products or services purchased by you through the Service. To facilitate payment via bank account, credit card, or debit card, we use Braintree and its affiliates (“Braintree”). These payment processing services are provided by Braintree and are subject to the Braintree terms and conditions and other policies available at https://www.braintreepayments.com/legal and Braintree’s Privacy Statement available at https://www.braintreepayments.com/legal/braintree-privacy-policy (collectively, the “Braintree Agreements”). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Braintree Agreements, as the same may be modified by Braintree from time to time. As a condition of Brothers Marketplace enabling payment processing services through Braintree, you represent and warrant to Brothers Marketplace that all information you provide about your payment instruments and/or bank accounts is true and that you are authorized to use such payment instrument and/or bank account, as applicable. You also authorize Brothers Marketplace to share such information and other transaction information related to your payment for the Service with Braintree. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You hereby authorize Braintree to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Services. Please contact Braintree for more information. Brothers Marketplace assumes no liability or responsibility for any payments you make through the Service.
If a credit or debit card authorization expires prior to the pickup or delivery of your order, we may request another authorization for the same amount. We will not process orders that attempt to use an incorrect, expired, or over‑the‑limit credit or debit card. We will attempt to contact you if this occurs. However, in the event such an order is processed, we reserve the right to collect funds for any uncollected transactions owed to us.
If you fail to pay any costs or charges when due or if a redelivery fee or restocking fee is imposed, Brothers Marketplace may charge such amount directly to the credit card identified in your Customer Account Information and Brothers Marketplace may suspend or terminate your access to the Service. You shall be responsible and liable for any costs, including attorneys’ costs and collection costs, that Brothers Marketplace may incur in its efforts to collect any unpaid balances from you. Your right to use the Service is subject to limits established by Brothers Marketplace and/or by your credit card issuer.
Conditions of Access and Use
User Conduct: The following are examples of the kinds of uses that are illegal or prohibited by Brothers Marketplace Brothers Marketplace reserves the right to investigate and take appropriate legal action against anyone who, in Brothers Marketplace’ sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
- email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Brothers Marketplace, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Brothers Marketplace or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- solicit personal information from anyone under the age of 18;
- harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
- engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Brothers Marketplace from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Competitors: No employee, independent contractor, agent, or affiliate of any competing company is permitted to view, access, or use any portion of the Service without express written permission from Brothers Marketplace By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Brothers Marketplace or any of its affiliates, or acting on behalf of a competitor of Brothers Marketplace in using or accessing the Service.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Mobile Services and Software
Mobile Services: The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Brothers Marketplace and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Brothers Marketplace account information to ensure that your messages are not sent to the person that acquires your old number.
Mobile App License: Subject to these Terms of Service, Brothers Marketplace hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service. For clarity, the foregoing is not intended to prohibit you from installing the Mobile App for another device on which you also agreed to these Terms of Service. Each instance of the Terms of Service that you agree to in connection with downloading a Mobile App grants you the aforementioned rights in connection with the installation and use of the Mobile App on one device.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Brothers Marketplace, its affiliates, and its licensors (including the Mobile Apps, the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Brothers Marketplace
Special Notice for International Use; Export Controls: The Service is based in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
Third-Party Distribution Channels: Brothers Marketplace offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third-party products and services.
Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
- Brothers Marketplace and you acknowledge that these Terms of Service are concluded between Brothers Marketplace and you only, and not with Apple Inc. (“Apple”), and that as between Brothers Marketplace and Apple, Brothers Marketplace, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Brothers Marketplace’ sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Brothers Marketplace and you acknowledge that Brothers Marketplace, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims; (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Brothers Marketplace and Apple, Brothers Marketplace, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You 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.
- If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Brothers Marketplace as follows:
11 Hampshire Street
Mansfield, MA 02048
Brothers Marketplace and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms of Service are between you and Brothers Marketplace only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Brothers Marketplace, and not Google, is solely responsible for Brothers Marketplace’ Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms of Service; and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Brothers Marketplace’ Google-Sourced Software.
Open Source Software: The Software may contain or be provided together with open source software. Each item of open source software is subject to its own license terms, which can be found at: https://www.brothers-marketplace.com/third-party-notices/. If required by any license for particular open source software, Brothers Marketplace makes such open source software, and Brothers Marketplace’ modifications to that open source software (if any), available by written request to [[email protected]]. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Service Content: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Brothers Marketplace, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Copyright: All Service Content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all Software are the property of, or duly licensed to, Brothers Marketplace Consent is granted to view, electronically copy, and print in hard copy portions of the Service Content for the sole purpose of placing an order with Brothers Marketplace for your use. Any other use of materials on the Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Brothers Marketplace is strictly prohibited. You acknowledge that Brothers Marketplace and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Brothers Marketplace reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Brothers Marketplace
Trademarks: “Brothers Marketplace,” all Brothers Marketplace logos, and slogans, and all titles, characters, names, graphics, and button icons (“Brothers Marketplace Trademarks”) are service marks, trademarks, and/or trade dress of Brothers Marketplace or otherwise proprietary to Brothers Marketplace and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using the Site or the Service. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Brothers Marketplace Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Brothers Marketplace Trademarks will insure solely to our benefit.
Third-Party Material: Under no circumstances will Brothers Marketplace be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Brothers Marketplace does not pre-screen content, but that Brothers Marketplace and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Brothers Marketplace and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Brothers Marketplace, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third-Party Services and Websites
You agree to defend, indemnify, and hold harmless Brothers Marketplace, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Brothers Marketplace Parties”) from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Brothers Marketplace Party from or against any liability, losses, damages, or expenses incurred as a result of any action or inaction of such Brothers Marketplace Party. Brothers Marketplace will provide notice to you of any such claim, suit, or proceeding. Brothers Marketplace reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Brothers Marketplace’ defense of such matter. You may not settle or compromise any claim against the Brothers Marketplace Parties without Brothers Marketplace’ written consent. If you are a California resident, you waive California Civil Code Section 1542, which says: “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 releasing party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Brothers Marketplace DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE; Brothers Marketplace DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. Brothers Marketplace MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE SERVICES. Brothers Marketplace DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER Brothers Marketplace NOR Brothers Marketplace PARTIES SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE SERVICE, OR THE INTERNET. Brothers Marketplace’ LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE. Brothers Marketplace RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. Brothers Marketplace controls and operates the Site and uses it for its stores in Massachusetts, USA. Brothers Marketplace makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated by both parties. Brothers Marketplace may suspend or terminate the Service or remove or disable access to any portion of the Service at any time for any reason with or without notice to you. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities. Brothers Marketplace may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Brothers Marketplace may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Brothers Marketplace will not be liable to you or any third party for any termination of your access to the Service. Brothers Marketplace reserves the right to collect costs and charges incurred before you cancel your Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
Notices. Brothers Marketplace may give notice to you of a change in this Agreement, a change in Brothers Marketplace cost schedule, and any other matter through a general posting on the Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Brothers Marketplace by electronic mail (as specified in the “Help” section of the Site).
Severability; Waiver. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
Governing Law; Jurisdiction. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Brothers Marketplace or relating in any way to your use of the Service or the Site resides in the federal and state courts of Massachusetts and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the Commonwealth of Massachusetts in connection with any such dispute, including any claim involving Brothers Marketplace Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of Brothers Marketplace Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Service.
Amendment. Brothers Marketplace may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective seven days after they are initially posted on the Site. By using the Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound.
Assignment. You may not assign these Terms of Service without the prior written consent of Brothers Marketplace, but Brothers Marketplace may assign or transfer these Terms of Service, in whole or in part, without restriction.
Interpretation. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the words “include” and “including,” and variations thereof, will not be deemed to be terms of limitation, but rather will be deemed to be followed by the words “without limitation.”
Force Majeure. Brothers Marketplace will not be in default hereunder by reason of any failure or delay in the performance of its obligations where such failure or delay is due to civil disturbances, riot, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, pandemic, acts of God, flood, fire, sabotage, fluctuations or unavailability of electrical power, network access or equipment, or any other circumstances or causes beyond Brothers Marketplace’ reasonable control.
If you do not agree with all of the terms and conditions, do not use the Site or Brothers Marketplace Service.
If you have any questions about this Agreement or the Site please contact our Customer Service at the phone number listed on the website.