Terms & Conditions

E. Brookmyer, Inc. d/b/a Bare Ground ® Commercial Terms (Terms of Sale)

Effective August 12, 2012

All sales by E. Brookmyer, Inc. d/b/a Bare Ground Label &Tag Co., LLC. and/or its affiliates (collectively, E. Brookmyer, Inc. d/b/a Bare Ground) are subject to the following terms and conditions (the “Commercial Terms”):

1. Sales Contracts; Agreement to Terms and Conditions; No Variations. When E. Brookmyer, Inc. d/b/a Bare Ground accepts any purchase order it creates a contract of sale with the Buyer (the “Contract”) which is subject to these Commercial Terms. Buyer’s agreement to these Commercial Terms may be evidenced by any of the following: (a) Buyer’s acknowledgement expressed in writing or orally; (b) by Buyer’s conduct: (c) Buyer’s retaining possession of any paper document stating the Commercial Terms, without objection, and/or (d) Buyer’s acceptance of products shipped or services rendered by E. Brookmyer, Inc. d/b/a Bare Ground . E. Brookmyer, Inc. d/b/a Bare Ground will not agree to any other terms and/or conditions (whether written or oral) originating from Buyer that purport to vary the Commercial Terms stated herein, unless E. Brookmyer, Inc. d/b/a Bare Ground manifests such agreement in a writing signed by an authorized E. Brookmyer, Inc. d/b/a Bare Ground representative.

2. Contract Terms.  All Purchase Orders are subject to acceptance by E. Brookmyer, Inc. d/b/a Bare Ground . E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to refrain from accepting any purchase order, or to rescind any Contract, if it reasonably determines or suspects that the Buyer submitting the purchase order: has unacceptable credit; is committing a fraud or other illegal act; is a E. Brookmyer, Inc. d/b/a Bare Ground competitor; or will use the purchased product or service for an illegal or otherwise inappropriate purpose; or is otherwise engaged in activity that causes E. Brookmyer, Inc. d/b/a Bare Ground to determine that it does not wish to transact business with that User. In connection with the above, E. Brookmyer, Inc. d/b/a Bare Ground may request documentation or other assurances from the User. E. Brookmyer, Inc. d/b/a Bare Ground further reserves the right to refrain from accepting any purchase order, or to rescind any Contract, if it reasonably determines or suspects that the product or service in question is not fit for the use intended by the User. All prices are FOB Milwaukee, WI. Unless Buyer provides valid evidence of its tax exempt status; Buyer shall bear all applicable federal, state, municipal or other governmental tax, as well as any applicable import or customs duties, license fees and similar charges, however designated or levied on the sale or delivery of products or services, or measured by the purchase price paid for the products.

3. Passage of Title; Risk of Loss.  Title to products passes to Buyer when a carrier takes possession at E. Brookmyer, Inc. d/b/a Bare Ground’s dock. If a Force Majeure Event (defined below) prevents delivery, or if shipping instructions are not received for products before delivery date, title passes when products are set aside by E. Brookmyer, Inc. d/b/a Bare Ground . All risk of loss, damage, theft or destruction (“Casualty”) passes to Buyer at delivery to the carrier. No Casualty to the product, in whole or in part, shall impair Buyer’s obligations under the Contract. Nevertheless, E. Brookmyer, Inc. d/b/a Bare Ground may, at E. Brookmyer, Inc. d/b/a Bare Ground’s option, make a claim for such products at invoiced value under any insurance policies paid for by E. Brookmyer, Inc. d/b/a Bare Ground and E. Brookmyer, Inc. d/b/a Bare Ground shall credit to Buyer that portion of any settlement received thereunder. Products for which title has passed and which are held by E. Brookmyer, Inc. d/b/a Bare Ground for any reason shall be held at Buyer’s sole risk.

4. Force Majeure:  E. Brookmyer, Inc. d/b/a Bare Ground shall not be liable for delay in performance or inability to perform occasioned by any cause beyond its control including, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods and other acts of God, strikes, government regulations, war, hostilities, invasion, embargo, rebellion, revolution, nuclear event or other explosion; riots, strikes, lock outs or disorder, or acts or threats of terrorism (each a “Force Majeure Event”). If E. Brookmyer, Inc. d/b/a Bare Ground ’s performance is delayed by a Force Majeure Event, its time for performance shall be extended for the duration of the Force Majeure Event. If deliveries are prevented, in whole or in part, by a Force Majeure Event, the Contract shall be deemed terminated, in whole or in part, without liability to either party as to the terminated part.

5. Tolerances:  Delivery or tender within ten (10%) percent of the quantity specified in the Contract shall be deemed full performance. Shipment or tender made within twenty (20) days after delivery date specified in the Contract shall constitute timely delivery or tender. Delivery times posted on E. Brookmyer, Inc. d/b/a Bare Ground ’s website are estimates and Buyer should call E. Brookmyer, Inc. d/b/a Bare Ground to obtain more specific information for all time sensitive Contracts. Products duly rejected by Buyer and accepted for return by E. Brookmyer, Inc. d/b/a Bare Ground may be replaced within twenty (20) days from date of receipt by E. Brookmyer, Inc. d/b/a Bare Ground . Delay in delivering sample pieces or other sample requirements shall not constitute a breach by E. Brookmyer, Inc. d/b/a Bare Ground ’. For label purchases, Buyer should pre-order samples to test whether adhesives will function satisfactorily to Buyer.

6. Security Interest.  Buyer grants E. Brookmyer, Inc. d/b/a Bare Ground a security interest in all products sold hereunder and to all products now or hereafter acquired by Buyer from Seller, and to any proceeds thereof, until the purchase price and any other amounts due to E. Brookmyer, Inc. d/b/a Bare Ground have been paid in full. Buyer agrees promptly to execute any financing statement or other documents requested by E. Brookmyer, Inc. d/b/a Bare Ground in order to protect E. Brookmyer, Inc. d/b/a Bare Ground’s security interest. E. Brookmyer, Inc. d/b/a Bare Ground shall have all the rights and remedies of a secured party under the Uniform Commercial Code, which rights and remedies shall be cumulative and not exclusive.

7. Payment.  All credit sales, other than those paid by credit card, are subject to credit terms determined by E. Brookmyer, Inc. d/b/a Bare Ground in its sole discretion. E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to change credit terms at any time. Unless otherwise agreed in writing by E. Brookmyer, Inc. d/b/a Bare Ground , all credit purchases must be paid in accordance with credit terms set forth in E. Brookmyer, Inc. d/b/a Bare Ground ’s correspondence confirming your Purchase Order. Buyer may obtain a copy of the applicable credit terms upon request. E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to collect: (a) a financing charge on past due payments equal to the lesser of one and a half percent (1.5%) monthly or the maximum permissible under applicable law; and/or (b) a twenty-five dollar and 00/100 ($25.00) service charge for each check which is dishonored for any reason. Writing “full payment” or similar words on, or in connection with, checks to E. Brookmyer, Inc. d/b/a Bare Ground shall not result in an accord and satisfaction of Buyer’s liability.

8. Buyer Claims:
A. To assert a claim Buyer must give notice to E. Brookmyer, Inc. d/b/a Bare Ground (in the manner described in Section 14 below) which describes the defect or other grounds in reasonable detail. Failure to assert claims within following time periods shall constitute a waiver of such claims: (i) claims for patent product defects must be asserted by Buyer within ten (10) days after delivery date and claims for latent product defects must be asserted by Buyer within ten (10) days after discovery or within ninety (90) days from delivery date, whichever is earlier. Buyer must submit defective products to E. Brookmyer, Inc. d/b/a Bare Ground for inspection within ten (10) days following the notice date. (ii) claims for quantity shortages must be asserted by Buyer within ten (10) days after delivery date; and (iii) other claims must be asserted by Buyer within ninety (90) days after invoice date.

B. If E. Brookmyer, Inc. d/b/a Bare Ground determines a claim to be valid, it may replace defective product and/or deliver additional product within a reasonable time.

C. If E. Brookmyer, Inc. d/b/a Bare Ground breaches in any manner that applies to part of, but not the entire, Contract, Buyer may not treat such event as a breach of the entire Contract. Buyer shall pay on the due date for all products that are not subject to the breach.

9. Returns. All product returns are subject to E. Brookmyer, Inc. d/b/a Bare Ground ’s policies and procedures governing product returns, which may be modified by E. Brookmyer, Inc. d/b/a Bare Ground at any time. All returns must be accompanied by a written return merchandise authorization issued by E. Brookmyer, Inc. d/b/a Bare Ground (RMA) and delivered in accordance with shipping instructions provided by E. Brookmyer, Inc. d/b/a Bare Ground . All returns are subject to in-house credit only. The time allowed for returns may be limited by product manufacturers.

10. Limitation on Warranties;
AS TO PRODUCTS MANUFACTURED OR OTHERWISE CREATED BY PARTIES OTHER THAN E. BROOKMYER, INC. D/B/A BARE GROUND (“VENDOR PRODUCTS”) PRODUCT WARRANTIES, IF ANY, ARE LIMITED TO THOSE PROVIDED BY THE VENDOR AND E. BROOKMYER, INC. D/B/A BARE GROUND MAKES NO WARRANTIES WHATSOEVER WITH REGARD TO VENDOR PRODUCTS.

AS TO PRODUCTS MANUFACTURED OR OTHERWISE CREATED BY E. BROOKMYER, INC. D/B/A BARE GROUND (“E. BROOKMYER, INC. D/B/A BARE GROUND PRODUCTS”) E. BROOKMYER, INC. D/B/A BARE GROUND WARRANTS THE MERCHANTABILITY OF SUCH PRODUCTS AND WARRANTS THE FITNESS FOR A PARTICULAR USE ONLY TO THE EXTENT THAT THE PARTICULAR USE HAS BEEN CLEARLY EXPRESSED TO E. BROOKMYER, INC. D/B/A BARE GROUND IN WRITING. E. BROOKMYER, INC. D/B/A BARE GROUND MAKES NO OTHER WARRANTIES WITH REGARD TO E. BROOKMYER, INC. D/B/A BARE GROUND PRODUCTS.

11. Limitations of Liability.
E. BROOKMYER, INC. D/B/A BARE GROUND'S LIABILITY FOR BREACH OF THE CONTRACT, OR ANY INSTALLMENT THEREOF, OR FOR ANY OTHER MALFEASANCE OR NON-FEASANCE SHALL BE LIMITED TO THE DIFFERENCE BETWEEN THE PURCHASE PRICE OF THE PRODUCTS AND THE MARKET VALUE ON DELIVERY DATE AND SHALL IN NO CASE EXCEED THE PURCHASE PRICE OF THE PRODUCTS.

E. BROOKMYER, INC. D/B/A BARE GROUND SHALL NOT BE LIABLE FOR DAMAGES OF ANY OTHER NATURE, INCLUDING BUT NOT LIMITED TO, INJURIES TO PERSONS OR PROPERTY, LOSS OF PROFIT OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THE LIMITATIONS IN SECTIONS 10 AND 11 ARE ONLY APPLICABLE TO THE EXTENT PERMITTED BY APPLICABLE LAW

12. Buyer’s Default. Buyer shall be in default in connection with the Contract upon the occurrence of any of the following events or conditions (“Default Event”):

(a) Buyer’s failure to pay any indebtedness now or hereafter owed to E. Brookmyer, Inc. d/b/a Bare Ground , (b) Buyer’s failure to perform any other obligation under the Contract, (c) dissolution, termination of existence, insolvency, business failure, or discontinuance of Buyer’s business or the appointment of a receiver for any part of its property of, or assignment for the benefit of creditors by, Buyer or the commencement of any proceedings under any bankruptcy reorganization or arrangement laws by or against Buyer or the attachment, levy, seizure or garnishment of any of Buyer’s property, rights or assets.

13. E. Brookmyer, Inc. d/b/a Bare Ground ’s Remedies.
A. In General.  At any time following any Default Event, E. Brookmyer, Inc. d/b/a Bare Ground may, at its option and without notice to Buyer, exercise any one or more of the following remedies: (a) declare immediately due and owing any and all obligations to E. Brookmyer, Inc. d/b/a Bare Ground ; (b) sue for amounts then due to E. Brookmyer, Inc. d/b/a Bare Ground or thereafter accruing, (c) suspend deliveries of any or all products or services, (d) take possession of any E. Brookmyer, Inc. d/b/a Bare Ground product wherever found, (e) cause Buyer, at its expense, to promptly return any E. Brookmyer, Inc. d/b/a Bare Ground product, or (f) sell the products, or any part thereof at public or private sale (for cash or credit) at such time or times as E. Brookmyer, Inc. d/b/a Bare Ground shall determine, free and clear of any rights of Buyer, and if notice thereof is required by law, any notice in writing of any such sale by Seller to Buyer not less than ten days prior to the date thereof shall constitute reasonable notice thereof to Buyer.

B. Mitigation of Damages. Should E. Brookmyer, Inc. d/b/a Bare Ground repossess any of the product because of Buyer’s default, E. Brookmyer, Inc. d/b/a Bare Ground may make a commercially reasonable effort to sell such product at a reasonable price to a third party, provided, however, that E. Brookmyer, Inc. d/b/a Bare Ground shall have no obligation to actively seek out or solicit potential third party Buyers for said products.

C. Collection Costs.  Buyer shall pay any and all collection costs, including reasonable attorneys’ fees and costs, incurred by E. Brookmyer, Inc. d/b/a Bare Ground arising from or relating to a Default Event.

D. Rights and Remedies Not Exclusive. No right or remedy conferred upon or reserved to E. Brookmyer, Inc. d/b/a Bare Ground herein shall be exclusive of any other right or remedy. All rights or remedies conferred upon E. Brookmyer, Inc. d/b/a Bare Ground herein or by law shall be cumulative and in addition to any other right or remedy available to E. Brookmyer, Inc. d/b/a Bare Ground .

14. Notices. Any notices or other communications to E. Brookmyer, Inc. d/b/a Bare Ground must be sent by U.S. mail and by email to E. Brookmyer, Inc. d/b/a

Bare Ground at the following addresses:

U.S. Mailing Address

E. Brookmyer, Inc. d/b/a Bare Ground Label & Tag Co., LLC
6543 N. Sidney Place
Milwaukee, WI 53209
Attention: Notices

EMAIL ADDRESS
notices@E. Brookmyer, Inc. d/b/a Bare Ground label.com

15. Law and Lawsuits. The Contract and the Commercial Terms shall be construed and enforced in accordance with Wisconsin law, giving no effect to Wisconsin’s choice of law rules. All lawsuits arising from or relating to the Contract and/or the Commercial Terms shall be brought in the Federal or State courts in or for Milwaukee County, Wisconsin, USA, and Buyer hereby submits to the exclusive personal jurisdiction of such courts for such purpose.

16. Other Legal Terms.
A.     Waiver. The failure of E. Brookmyer, Inc. d/b/a Bare Ground to enforce any provision of the Contract or of these Commercial Terms of Use shall not result in a waiver of same. No waiver of any provision of the Contract or these Commercial Terms in any one instance shall be deemed to result in a waiver of such provision in any other instance.

B.     Titles. The titles in these Commercial Terms are for convenience of reference only, and are not to be considered in construing these Commercial Terms.

C.     Severability. If any provision of the Contract or these Commercial Terms is found to be void or unenforceable under existing or future law, the remaining provisions of the Contract or these Commercial Terms these shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were never a part of the Contract or these Commercial Terms.

D.     Third Party Beneficiaries. Neither the Contract nor these Commercial Terms is intended to, and shall not be construed to, create any rights or remedies in any parties other than E. Brookmyer, Inc. d/b/a Bare Ground and Buyer, and no other person or entity shall assert any rights as a third party beneficiary hereunder.

 

 

E. BROOKMYER, INC. D/B/A BARE GROUND ® WEBSITE

Terms of Use

Effective September 10th, 2012

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

TABLE OF CONTENTS

1. Definitions
2. Agreeing to the Terms of Use
3. Changing the Terms of Use; Changing the Site
4. Account Security; Passwords and Privacy
5. Limitation on Warranties and Limitation of Liability
6. E. Brookmyer, Inc. d/b/a Bare Ground and Vendor Intellectual Property
7. User Data
8. Commercial Terms
9. Termination.
10. Notices
11. Law and Lawsuits
12. Other Legal Terms

I.          DEFINITIONS

“Checkout Page” refers to the page on the Site where a User submits a Purchase Order.

“Commercial Terms” refers to the Terms and Conditions required by E. Brookmyer, Inc. d/b/a Bare Ground for all Purchase Orders for Products and Services and which may be found at: https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com/info/commercialterms

“Entity” refers to any business, government agency, organization, or any other group that is not an individual being.

“E. Brookmyer, Inc. d/b/a Bare Ground ” refers to E. Brookmyer, Inc. d/b/a Bare Ground Label & Tag Co., LLC and any parent, subsidiary or other related company.

“E. Brookmyer, Inc. d/b/a Bare Ground Trademarks” refers to the trademark “E. Brookmyer, Inc. d/b/a Bare Ground ” which is owned and federally registered by E. Brookmyer, Inc. d/b/a Bare Ground and any other trademarks which may hereafter be used by E. Brookmyer, Inc. d/b/a Bare Ground to identify its Products and/or Services.

“E. Brookmyer, Inc. d/b/a Bare Ground Intellectual Property” refers to: (1) the E. Brookmyer, Inc. d/b/a Bare Ground Trademarks and (2) any original works (including words and/or pictures) owned by E. Brookmyer, Inc. d/b/a Bare Ground that are or may be protected by the United States Copyright laws and/or similar laws that protect such works and (3) the content, presentation and look of the Site.

“Purchase Order” refers to any request by a User to purchase or otherwise obtain Products or Services which is submitted to E. Brookmyer, Inc. d/b/a Bare Ground through the Site or by other means.

“Privacy Policy” refers to the Privacy Policy of E. Brookmyer, Inc. d/b/a Bare Ground which applies to any of the User Data provided to E. Brookmyer, Inc.

d/b/a Bare Ground by a User and which may be found at:  https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com/info/privacy-notice

“Products” and “Services” refer to the products and services offered by E. Brookmyer, Inc. d/b/a Bare Ground on the Site. E. Brookmyer, Inc. d/b/a Bare Ground ’s Services would include such items as artwork, printing and technology assistance.

“Site” refers to the internet website sponsored by E. Brookmyer, Inc. d/b/a Bare Ground and which may be found at: https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com

“Site Data” refers to any matter posted on the Site by E. Brookmyer, Inc. d/b/a Bare Ground , including but not limited to prices and descriptions of Products and Services.

“Terms of Use” refers to these Terms of Use, which are found at: https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com/info/commercialterms

“User” and “you” refers to every person or Entity that uses the Site for any reason.

“User Content” refers to any and all words, pictures and/or other content which User posts on the Site or provides to E. Brookmyer, Inc. d/b/a Bare Ground and which is posted on the Site by E. Brookmyer, Inc. d/b/a Bare Ground .

“User Data” refers to any and all data in E. Brookmyer, Inc. d/b/a Bare Ground ’s possession which relates to User whether provided to E. Brookmyer, Inc. d/b/a Bare Ground by User or obtained by E. Brookmyer, Inc. d/b/a Bare Ground from other sources.

“Vendor Intellectual Property” refers to the Intellectual Property owned by the third party vendors whose products are offered through the Site.

II.         AGREEING TO THE TERMS OF USE
A.         In order to be eligible to use the Site, you must first agree to these Terms of Use.

B.         If you have not yet made a purchase from the Site, your use of the Site shall constitute your implied agreement to be bound by the Terms of Use. If you wish to revoke such implied agreement, you may not use the Site and you must discontinue any use immediately.

C.        Before submitting a Purchase Order on the Site you will be required to check the box at the end of the Checkout Page to expressly manifest your agreement to be bound by the Terms of Use.

D.        If you are an individual person, you may not use the Site if (a) you are not of legal age to form a binding contract, or (b) you are otherwise incapable of entering into a legally binding agreement or (c) are a person barred from receiving the Services under the laws of the place in which you reside or from which you access the Site or under any other applicable law.

E.         If you are acting on behalf of an Entity, you may not use the Site unless you have been duly authorized by the Entity to: (a) agree to the Terms of Use and (b) to conduct the transactions conducted on or through the Site.

F.         We urge you to save a copy of the Terms of Use for your records.

III.        CHANGING THE TERMS OF USE; CHANGING THE SITE.
A.         E. Brookmyer, Inc. d/b/a Bare Ground shall have the absolute right to change the Terms of Use at any time and from time to time without prior notice to you, by changing the Terms of Use on the Site or in any other reasonable manner. If you object to any change, your only remedy will be to discontinue your use of the Site. If you continue to use the Site following any change of the Terms of Use it will constitute your agreement to be bound by the change.

B.         Certain provisions of the Terms of Use may be superseded by different terms that are expressly stated elsewhere on the Site. In each such case, those expressly stated terms shall supersede the applicable provision(s) set forth in these Terms of Use.

C.        E. Brookmyer, Inc. d/b/a Bare Ground shall have the absolute right to change the Site and Site Data at any time and from time to time without prior notice to you. E. Brookmyer, Inc. d/b/a Bare Ground may do so by changing any specifications of Products or Services offered on the Site. If a price is increased subsequent to your submission of a Purchase Order, E. Brookmyer, Inc. d/b/a Bare Ground will honor the lower price. If a Product specification is changed subsequent to your submission of a Purchase Order, E. Brookmyer, Inc. d/b/a Bare Ground will exercise reasonable efforts to notify you of the change and to allow you to withdraw the Purchase Order if the change is unacceptable to you.

IV.        ACCOUNT SECURITY; PASSWORDS AND PRIVACY.
A.         You are responsible for maintaining the confidentiality of passwords you may use to access the Site.

B.         You are responsible for all activities that occur under your account.

C.        If you become aware of any unauthorized use of your password or of your account, you must notify E. Brookmyer, Inc. d/b/a Bare Ground immediately at the address provided in the Notice section of these Terms of Use. You will be responsible for any unauthorized use of your password or of your account until proper notice is received by E. Brookmyer, Inc. d/b/a Bare Ground .

D.        You may be required to provide User Data about yourself (such as your contact information) as part of the registration process for use of the Site, or as part of your continued use of the Site. Any information you give to E. Brookmyer, Inc. d/b/a Bare Ground must always be accurate and up to date.

E.         For information about our User Data protection policies, please read our Privacy Policies at https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com/info/privacy-notice. These policies explain how E. Brookmyer, Inc. d/b/a Bare Ground treats your User Data, and protects your privacy, in connection with your use of the Site.

F.         By providing User Data to E. Brookmyer, Inc. d/b/a Bare Ground you agree to the use and/or disclosure of your User Data in accordance with E. Brookmyer, Inc. d/b/a Bare Ground ’s Privacy Policies.

V.         LIMITATIONS ON WARRANTIES AND LIMITATION OF LIABILITY. USER IS REFERRED TO THE LIMITATIONS ON WARRANTIES AND LIMITATIONS OF LIABILITY SET FORTH IN E. BROOKMYER, INC. D/B/A BARE GROUND ’S COMMERCIAL TERMS WHICH MAY BE FOUND AT https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com/info/commercialterms

VI.        E. BROOKMYER, INC. D/B/A BARE GROUND ’S INTELLECTUALPROPERTY AND VENDOR INTELLECTUAL PROPERTY.
A.         E. Brookmyer, Inc. d/b/a Bare Ground owns all legal right, title and interest in and to the E. Brookmyer, Inc. d/b/a Bare Ground Intellectual Property and to any other distinctive brand features displayed on the Site. E. Brookmyer, Inc. d/b/a Bare Ground owns such rights without regard to whether those rights are registered or not, or where in the world those rights may exist. Without limiting the generality of the foregoing: “E. Brookmyer, Inc. d/b/a Bare Ground ” is the trademark of E. Brookmyer, Inc. d/b/a Bare Ground LLC and the content, presentation and look of the Site are copyrighted by E. Brookmyer, Inc. d/b/a Bare Ground LLC.

B.         The E. Brookmyer, Inc. d/b/a Bare Ground Intellectual Property and the Vendor Intellectual Property may not be copied, imitated, or used (in whole or in part) without the prior written permission of E. Brookmyer, Inc. d/b/a Bare Ground LLC.

C.        Nothing in these Terms of Use gives you a license or other right to use any of the E. Brookmyer, Inc. d/b/a Bare Ground Intellectual Property or the Vendor Intellectual Property for any purpose whatsoever.

VII.       USER DATA.
A.         If you provide User Content to E. Brookmyer, Inc. d/b/a Bare Ground , you give E. Brookmyer, Inc. d/b/a Bare Ground a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such User Content in connection with its marketing of the Products and Services. You hereby warrant and represent that you have all the rights, power and authority necessary to grant the license in the preceding sentence.

B.         E. Brookmyer, Inc. d/b/a Bare Ground acknowledges that it obtains no right from you under these Terms of Use in or to any User Content, other than rights expressly granted to E. Brookmyer, Inc. d/b/a Bare Ground under these Terms of Use.

VIII.      COMMERCIAL TERMS.
A.         All Purchase Orders are subject to the Commercial Terms which may be found at: https://www.E. Brookmyer, Inc. d/b/a Bare Ground label.com/info/commercialtermsAny Purchase Orders submitted through the Site are also subject to the following additional terms.

B.         Shipping times are posted on the Site for your convenience and are only estimates of the actual amount of time that it will take for the Product or Service to be delivered. In any case where delivery time is important to you, we suggest that you call E. Brookmyer, Inc. d/b/a Bare Ground prior to submitting the Purchase Order to inquire as to availability and other factors that might affect the actual delivery date.

C.        E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to refrain from accepting, or to rescind, any Purchase Order, if it reasonably determines or suspects that the User submitting the Purchase Order: has unacceptable credit; is committing a fraud or other illegal act; is a E. Brookmyer, Inc. d/b/a Bare Ground competitor; or will use the purchased product or service for an illegal or otherwise inappropriate purpose; or is otherwise engaged in activity that causes E. Brookmyer, Inc. d/b/a Bare Ground to determine that it does not wish to transact business with that User. In connection with the above, E. Brookmyer, Inc. d/b/a Bare Ground may request documentation or other assurances from the User.

D.        E. Brookmyer, Inc. d/b/a Bare Ground reserves the right to refrain from accepting, or to rescind, any Purchase Order, if it reasonably determines or suspects that the product or service in question is not fit for the use intended by the User.

IX.        TERMINATION.
A.         E. Brookmyer, Inc. d/b/a Bare Ground may terminate, suspend, or modify your registration with, use of, or access to, all or part of the Site, with or without notice, at any time and for any reason.

B.         You may discontinue your participation in and access to the Site at any time and for any reason.

C.        If you violate any of these Terms, your authorization to use the Site will terminate automatically with or without any further act of or notice by E. Brookmyer, Inc. d/b/a Bare Ground .

X.         NOTICES.
A.         Any notices or other communications from E. Brookmyer, Inc. d/b/a Bare Ground to you, including but not limited to those regarding changes to the Terms of Use, or the Terms and Conditions of Sale, or the Privacy Policy, or to the Site, shall be sufficient if given by email or by postings on the Site.

B.         Any notices or other communications from you to E. Brookmyer, Inc. d/b/a Bare Ground shall be sufficient if given by U.S. mail or by email to the appropriate one of the following addresses:

U.S. Mailing Address

E. Brookmyer, Inc. d/b/a Bare
Ground Label & Tag Co., LLC
6543 N. Sidney Place
Milwaukee, WI 53209

Attention: Notices

EMAIL ADDRESS
notices@E. Brookmyer, Inc.
d/b/a Bare Ground label.com

C.        When you use the Site or send e-mail to E. Brookmyer, Inc. d/b/a Bare Ground , you are communicating with E. Brookmyer, Inc. d/b/a Bare Ground electronically. We may respond to your communications to us by e-mail to you or by posting notices on the Site. Any such electronic communications from E. Brookmyer, Inc. d/b/a Bare Ground to you will satisfy any legal requirement that such communications be in writing.

XI.        LAW AND LAWSUITS.         These Terms of Use shall be construed and enforced in accordance with Wisconsin law, giving no effect to Wisconsin’s choice of law rules. All lawsuits arising from or relating to: (a) these Terms of Us, or (b) the Commercial Terms, (c) the Privacy Policy or (d) your use of the Site shall be brought in the Federal or State courts in or for Milwaukee County, Wisconsin, USA, and you hereby submit to the exclusive personal jurisdiction of such courts for such purpose.

XII.       OTHER LEGAL TERMS.
A.         Waiver.            The failure of E. Brookmyer, Inc. d/b/a Bare Ground to enforce any provision of these Terms of Use shall not result in a waiver of same. No waiver of any provision of these Terms of Use in any one instance shall be deemed to result in a waiver of such provision in any other instance.

B.         Titles.   The titles in these Terms of Use are for convenience of reference only, and are not to be considered in construing these Terms of Use.

C.        Severability.    If any provision of these Terms of Use is found to be void or unenforceable under existing or future law, the remaining provisions of these Terms of Use shall nevertheless be binding with the same force and effect as though the void or unenforceable parts were never a part of the Terms of Use.

D.        Third Party Beneficiaries.       These Terms of Use are not intended to, and shall not be construed to, create any rights or remedies in any parties other than E. Brookmyer, Inc. d/b/a Bare Ground and User, and no other person or Entity shall assert any rights as a third party beneficiary hereunder.

E.         Compliance with Law.                        E. Brookmyer, Inc. d/b/a Bare Ground has made and will continue to make every effort to insure that the Terms of Use comply with all federal, state and local laws, rules and/or regulations. If any provision in the Terms of Use does not comply, that provision will be deemed amended to the extent necessary to bring it into compliance with the applicable laws, rules and/or regulations.