Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
References to "us", "we" or "our" all the way through www.BRASPECTRUM.com ("the Website") are to BRA SPECTRUM (Valens Capital Group, Inc.). The use of the Website and the purchase of any products ("Products") from the Website are governed by these terms and conditions ("Conditions"). We reserve the right to modify these terms and conditions from interval to interval without notice to you. There is no remuneration imposed by us for accessing the Website but you must pay the cost of the communications link you use to visit the Website. Access to the Website may be suspended, restricted or terminated at any time.
We take fraud very seriously. The gain/attempted gain of goods by deception is still theft, and will be treated in the same manner as any other form of shoplifting, including (but not limited to):
• Payments attempted without the consent of the cardholder
• Fraudulent claims for non-receipt of goods
• Dishonest or false return claims
• Abuse of promotions, vouchers or other discounts
We reserve the right to decline any order and/or terminate the account(s) of any customer we believe to be involved in fraudulent practice. In addition, we actively share details of fraud/suspected fraud with other retailers and carriers (which is entirely permitted within the data protection guidelines) and will take all steps necessary to detect, prevent and prosecute fraud.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.BRASPECTRUM.COM. The collective work includes works that are licensed to www.BRASPECTRUM.COM. Copyright 2003, www.BRASPECTRUM.COM ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.BRASPECTRUM.COM or purchasing www.BRASPECTRUM.COM products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.BRASPECTRUM.COM or to purchase www.BRASPECTRUM.COM products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.BRASPECTRUM.COM. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.BRASPECTRUM.COM used in the site are trademarks or registered trademarks of www.BRASPECTRUM.COM.
All brand, product, service, and process names appearing on this Web site are trademarks of their respective owners. Mention to or usage of merchandise, amenity, or method does not imply recommendation, approval, association, or protection of that product, provision, or procedure by Bra Spectrum. Nothing contained herein shall be construed as conferring by inference, estoppel (A bar preventing one from making an allegation or a denial that contradicts what one has previously stated as the truth.), or else any certificate or right under any patent, copyright, trademark, or other intellectual property right of Bra Spectrum or any third party, except as expressly granted herein.
Intellectual Property and Right to Use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.BRASPECTRUM.COM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.BRASPECTRUM.COM does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. www.BRASPECTRUM.COM does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise arising out of or in connection with these Conditions for: 1. any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or 2. any loss of goodwill or reputation; or 3. any loss which was not brought to the attention of Bra Spectrum (Valens Capital Group, Inc.) at the time the contract was made or any loss that would be an unforeseeable consequence of a breach of the contract by Bra Spectrum (Valens Capital Group, Inc.); in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred, was suffered or incurred by one of us arising out of or in connection with the provisions of any matter under these Conditions.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Limitation of Liability
www.BRASPECTRUM.COM shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if www.BRASPECTRUM.COM has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a www.BRASPECTRUM.COM product is mistakenly listed at an incorrect price, www.BRASPECTRUM.COM reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.BRASPECTRUM.COM reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.BRASPECTRUM.COM shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.BRASPECTRUM.COM without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.BRASPECTRUM.COM products) shall be in the state or federal courts located in Harrisburg, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.BRASPECTRUM.COM products) must be commenced within one (1) year after the claim or cause of action arises. www.BRASPECTRUM.COM's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.BRASPECTRUM.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.
Valens Capital Group Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Valens Capital Group Inc..
All notices from Bra Spectrum to clients will be dispatched on our Web site and will be considered delivered within fourteen (14) days after being posted on the Web site.
Notices from clients to Bra Spectrum shall be made either by e-mail, sent to the e-mail address we provide on our Web site, or call on the phone number provided on the website or first class mail to our address at:
Valens Capital Group Inc.
209 Highland Avenue
Wallingford PA 19086-6119
Delivery shall be deemed to have been made by the client to Bra Spectrum five (5) days after the date sent.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.BRASPECTRUM.COM or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
This site may contain other branded notices and exclusive rights information, the terms of which must be observed and followed. Information on this site may contain technical impreciseness or typographical inaccuracies. Facts, including product pricing and obtainability, may be changed or updated without notice. Bra Spectrum and its parent Corporation (Valens Capital Group, Inc.) reserve the right to refuse service, let go accounts, and/or terminate orders in its freedom of choice, including, without limitation, if Bra Spectrum believes that customer conduct violates applicable law or is harmful to the interests of Bra Spectrum and its parent holding company.
www.BRASPECTRUM.COM does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.BRASPECTRUM.COM is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.BRASPECTRUM.COM reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.BRASPECTRUM.COM in its sole discretion.
You agree to indemnify, defend, and hold harmless www.BRASPECTRUM.COM, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, www.BRASPECTRUM.COM may link to sites operated by third parties. However, even if the third party is affiliated with www.BRASPECTRUM.COM, www.BRASPECTRUM.COM has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.BRASPECTRUM.COM. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.BRASPECTRUM.COM seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
We accept no responsibility for web sites or other information, practices or products of other parties linked to the Website. Your dealings with persons found via the Website are between you and such persons and we will not be liable for any loss or damage arising out of such dealings.
Information on this Web site is annulled where globally forbidden
Information on this Web site is annulled where globally forbidden The material on this Web site is available internationally, not all products or services convened in this Web site are available to all persons or in all geographic locations or governing bodies. Bra Spectrum and the marketers each reserve the right to limit the delivery of their products or services to any person, geographic area, or authority they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
Customs & Duty
Please note that all shipments outside the United States may be subject to import duties and taxes, which are levied once a shipment reaches your country. As we have no control over these charges and cannot predict what they may be, additional charges for customs clearance must be borne by you.
Contract Information Products supplied from the Website are supplied by Bra Spectrum (Valens Capital Group, Inc.), a company incorporated in the State of Pennsylvania. Your submission of an order represents an offer to purchase the Products indicated by you and it is not binding on us until we have notified you that an order has been accepted. All advertisements and communications are made by us until your order is accepted by us are invitations to treat only and are not offers. This means that if Products are shown on the site but are not available or are incorrectly priced or otherwise incorrectly described, Bra Spectrum (Valens Capital Group, Inc.) shall not be obliged to sell you those products.
Entire Agreement These Conditions (as amended from interval to interval) contain the entire agreement between you and us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between You and Us in relation to such matters. You confirm that you have read these conditions and, you fully understand them and you also agree that these conditions are the only terms (together with your network provider agreement) that rule your relationship with us.