TERMS OF USE AND CONDITIONS
These Terms of Use and Conditions were last updated on June 16, 2026
Welcome to Debrabrooks.com (the “Site”).
Please read the following terms and conditions, and use carefully before using this Site. By accessing and/or using the Site, you are accepting and agree to the present Terms of Use and Conditions (the “Terms”). These Terms apply when you use the Site, use our mobile applications, and place orders through social media applications (collectively, “Services”). All users of the Site agree that access to and use of the Site are subject to the following terms and conditions and other applicable law. If you do not agree to be bound by these Terms, you may not further access or use this Site.
BY USING THIS SITE, YOU ARE DEEMED TO HAVE UNDERSTOOD THESE TERMS OF USE AND CONDITIONS AND TO HAVE ACCEPTED THEM.
INFORMATION ABOUT US
Debra Brooks Corporation (“Debra Brooks,” “we,” “our,” “us” or the “Company”) is a corporation organized under the laws of the State of Colorado, United States of America. We operate and maintain the site located at debrabrooks.com. Our corporate offices are located at 1605 W. Olympic Boulevard, Suite 1046, Los Angeles, California 90015.
Your submission of personal information to the Site is governed by our privacy policy (the “Privacy Policy”), which can be accessed by clicking here. We respect your privacy and encourage you to read our Privacy Policy so that you may make an informed decision about using our Site. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
You are granted a limited, non-sublicensable right to access the Site and print the Contents for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
- Publish, publicly perform or display, or distribute to any third party any Contents, including reproduction on any computer network or broadcast or publications media.
- Market, sell or make commercial use of the Site or any Contents.
- Systematically collect and use any data or content, including the use of any data spiders, robots, or similar data gathering, mining or extraction methods.
- Make derivative uses of the Site or the Contents; or
- Use, frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page).
Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Debra Brooks or any third party. Any unauthorized use of the Site will terminate the permission or license granted by these Terms and may violate applicable law, including copyright laws, trademark laws (including trade dress), patent laws and communications regulations and statutes.
Any other use of the Contents on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, merchandise or services obtained from the Site, or use of the Site for purposes competitive to Debra Brooks, is expressly prohibited. Debra Brooks reserves the right in its sole discretion to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from accessing or using this Site for any reason whatsoever and without notice. Debra Brooks or its content providers retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Debra Brooks’ sole discretion. Debra Brooks neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Debra Brooks.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. If you are terminated from using this Site, you will be personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Debra Brooks may be entitled, at law or in equity.
Unless otherwise specified, the Site and the Contents are intended to promote Debra Brooks’ merchandise and services available in the United States. The Site is controlled and operated by Debra Brooks Corporation from its offices in Los Angeles, California. One or more patents may apply to the Site.
2. SITE CONTENTS
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, patents, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed to Debra Brooks and/or its licensors.
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal and non-commercial use only, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted below), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
You are granted a limited, non-sublicensable right to access the Site and print the Contents for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to:
Publish, publicly perform or display, or distribute to any third party any Contents, including reproduction on any computer network or broadcast or publications media.
3. TRADEMARKS
This Site and all content on this Site, including but not limited to text, design, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the exclusive property of Debra Brooks or its content suppliers and is protected by United States and international copyright laws. In addition, all trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Debra Brooks or its licensor. All of these trademarks, logos and service marks are the property of Debra Brooks’ or its licensor. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without our prior written permission, except as otherwise described herein. Debra Brooks reserves all rights not expressly granted in and to the Site and its content.
4. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Debra Brooks respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 1605 W. Olympic Boulevard, Suite 1046, Los Angeles, CA 90015. Attn: Legal Dept. Your correspondence should include the following information so that we may investigate your claim:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- A description of the copyrighted work that you claim has been infringed upon.
- A description where the material that you claim is infringing is located on the Site
- Your mailing address, telephone number, and email address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For notice of claims of copyright infringement on the Site, Debra Brooks can be reached at legal@debrabrooks.com.For clarity, only Digital Millennium Copyright Act (“DMCA”) notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. Notification that fails to comply with the foregoing will not constitute knowledge or awareness of infringement. We suggest that you consult your legal counsel before filing a claim.
Please note that this procedure is exclusively for notifying Debra Brooks and its affiliates that your copyrighted material has been infringed.
5. REGISTERING OF AN ACCOUNT
5.1. Registering Your Account,
In order to utilize specific features on the Site, individuals will be required to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (“Account”) or has a valid account on the social networking service (“SNS”) through which the user has connected to the Site (each such account, a “Third-Party Account”).
5.2. Access Through a SNS,
If you access the Site through a SNS as part of the functionality of the Site, you may link your Account with Third-Party Accounts, by allowing Debra Brooks to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Debra Brooks and/or grant Debra Brooks access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Debra Brooks to pay any fees or making Debra Brooks subject to any usage limitations imposed by such third-party service providers. By granting Debra Brooks access to any Third-Party Accounts, you understand that Debra Brooks may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Site that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site via your Account. Unless otherwise specified in the Agreement, all SNS Content shall be considered to be User Content for all purposes of the Agreement. Depending on the Third-Party Accounts, you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or Debra Brooks’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND DEBRA BROOKS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS. Debra Brooks makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Debra Brooks is not responsible for any SNS Content.
5.3. Registering Data,
Should you create an account with Debra Brooks, you agree to: (1) provide true, accurate, complete and up-to- date information, as well as updating the information as necessary; (2) maintain the security of your password and accept the risks associated with access to your account which is not authorized by you; (3) notify us as soon as possible at support@bluecapri.com if you believe there have been any breaches to the security of the Site or your account information; and (4) exit from your Account at the end of each session. You represent that you are (A) at least eighteen (18) years old; (B) of legal age to form a binding contract; and (C) not a person barred from using the Site under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of the Site by minors. You may not share your Account or password with anyone If you provide any information that is untrue, inaccurate, not current or incomplete, or Debra Brooks has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Debra Brooks has the right to suspend or terminate your Account and refuse any and all current or future use of Site or Offerings (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Debra Brooks reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site if you have been previously removed by Debra Brooks, or if you have been previously banned from the Site. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Debra Brooks. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
5.4. Communication,
By providing your phone number to Debra Brooks through the Site or in connection with your order, receipt or use of our merchandise, you consent to receive calls or text messages, including calls or text messages sent through automatic telephone dialing systems and pre-recorded calls at any telephone number that you have provided us, in order for us to: (i) notify you about your account; (ii) provide you updates on the status of your order and/or delivery; (iii) collect an outstanding payment or debt; (iv) contact you about exclusive offers and for any other marketing or promotional purposes; and (v) send you cart reminders. If you elect to receive text messages or phone calls from us, either via our Site or by sending a text message to us indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional telephone calls and/or SMS text messages from us (each, a “Call” or “Text Message”), including your consent to marketing messages and calls sent through an automatic telephone dialing system. This service is optional and is not a condition of purchase. Message frequency varies. You can opt out of receiving further Text Messages or Calls at any time. To opt out of Text Messages from us, reply “STOP” at any time to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or contact customer care here. Message and data rates may apply. Please contact your mobile phone carrier for details. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. Text Message services are provided on an “as is” basis. Data obtained from you in connection with any Text Message services may include your mobile number, your mobile provider’s name and the date, time, and content of your Text Messages. We may use this information in accordance with our Privacy Policy to contact you. If you change or deactivate a phone number you have provided Debra Brooks, you have an affirmative obligation to update your account information and the phone number(s) associated with your account to prevent us from inadvertently communicating with the individuals who acquire any phone number(s) previously linked to your account. Any new or updated phone number you provide Debra Brooks may receive our standard marketing Text Messages unless you also unsubscribe through the procedures provided in this section. Following such opt-out, you may continue to receive calls or messages for a short period of time we process your request. It is your responsibility to keep your account information, including your phone number, updated. We may share your telephone number with our service providers (such as billing or collections companies) that we have contracted to assist us in pursuing our rights. You agree that these service providers may also contact you using autodialed or prerecorded calls and text messages, only as authorized by us to carry out the purposes identified above. We may, with notice as required by law, monitor or record your communications with Debra Brooks for training and quality assurance purposes.
6. DISPUTE RESOLUTION
You agree that any Dispute between you and Debra Brooks shall be resolved through individual arbitration. “Dispute” shall be interpreted broadly and shall include any claim or controversy arising from or relating to these Terms or your purchase or use of any merchandise or services, including for example any: (1) claims for relief or theories of liability, whether based in contract, tort, statute or otherwise; (2) claims that arose before this agreement; and (3) claims that arise after the cancelation or expiration of this agreement. “Dispute” shall not, however, include any issues relating to the existence, scope, or validity of this arbitration provision.
Any dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Los Angeles, California or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by JAMS under the then current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed in accordance with such rules and such arbitrator shall be independent and impartial. If the parties fail to agree on the arbitrator within twenty (30) calendar days after the initiation of an arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Judgment on any award(s) rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding anything in this section to the contrary, prior to invoking this arbitration provision, you must first give us an opportunity to resolve your claim by sending a written description of your claim to Debra Brooks Corporation, 1605 W. Olympic Boulevard, Suite 1046, Los Angeles, CA 90015, USA. Attn: Legal Department. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration.
Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.
You may choose to opt out of the agreement to arbitrate by mailing a written opt-out notice (“Notice”) to Debra Brooks. The Notice must be postmarked no later than thirty (30) days after the date you accept these Terms for the first time. The Notice must be mailed to Debra Brooks Corporation, 1605 W. Olympic Boulevard, Suite 1046, Los Angeles, CA 90015, USA to the attention of the Legal Department. This procedure is the only mechanism by which you can opt out of the agreement to arbitrate. Opting out of the agreement to arbitrate has no effect on any other parts of these Terms, or any previous or future arbitration agreements that you have entered into with Debra Brooks.
7. CLASS ACTION WAIVER
To the fullest extent permitted by applicable law, you and Debra Brooks agree that ANY CLAIM RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS; CLASS ACTIONS, AND ANY OTHER CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTIONS, ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. To the fullest extent permitted by applicable law, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced.
8. GOVERNING LAW AND VENUE
With the exception that the enforceability of the “Arbitration and Jury Trial Waiver” provision above is governed by the Federal Arbitration Act, any dispute that might arise between you and Debra Brooks relating to the use of the Site and to the purchase of merchandise sold by Debra Brooks shall be governed by and construed in accordance with the laws of the state of California, without regard to principles of conflict of laws thereof, will apply to all matters. Specifically, the validity, interpretation and performance of these Terms shall not be governed by the 1980 United Nations Convention on the International Sale of Goods. You agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts of Los Angeles County in the state of California with respect to any issues arising from the Terms, the Privacy Policy or the Site. Any cause of action brought by you against us must be instituted within one (1) year after the cause of action arises, or be deemed forever waived and barred.
Debra Brooks does not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States of America, you do so on your own initiative and you are responsible for compliance with local laws. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.
9. CUSTOMER COMMUNICATIONS
Debra Brooks welcomes your comments and feedback regarding our merchandise and services. All communications and comments submitted to the Site are non-confidential. Debra Brooks reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications as permitted under applicable laws. All comments, feedback, suggestions and submissions shall be and remain Debra Brooks Property. However, Debra Brooks’ use, disclosure, and retention of such information may be limited by applicable laws as described in our Privacy Policy Statement.
While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Debra Brooks’ employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Debra Brooks through any communication channel.
10. CONTENT YOU SUBMIT
If you post comments, photos, reviews or other content on the Site, or you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”) without a request from us, you grant Debra Brooks and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media, without restriction, at any time. You grant Debra Brooks and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided via this Site will be handled in accordance with the Site’s online Privacy Policy.
Debra Brooks is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments from the Site in our sole discretion at any time. You may not repost, republish, or redistribute Comments outside of the Site.
You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness and originality of any such material. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Debra Brooks for all claims resulting from content you submit. You may not upload to, distribute or otherwise publish through this Site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site. Debra Brooks takes no responsibility and assumes no liability for Comments or any other content posted by you or any third party.
11. E-MAIL COMMUNICATIONS
When you make a purchase on the Site, or send e-mails to us, you are communicating with us electronically. By use of the Site, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was submitted. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
The information on this Site does not constitute a binding offer to sell merchandise described on the Site or to make such merchandise available in your area. We reserve the right at any time after our receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
13. COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You may use Debra Brooks’ Offerings only for lawful purposes and in accordance with these Terms. By visiting our Site or by using our merchandise, you hereby agree not to use the Offerings:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate Debra Brooks, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To impersonate or attempt to impersonate Debra Brooks, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site which, as determined by us, may harm Debra Brooks or users of the Site or expose them to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.
- Otherwise attempt to interfere with the proper working of the Site.
14. NON-USER THIRD PARTY CONTENT
We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Offerings (“Third Party Content”). The Third Party Content is not endorsed, adopted by, or controlled by Debra Brooks, and we make no representations or warranties of any kind regarding such Third Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third Party Content through or on the Offerings (including, but not limited to, our Site, social media, other Content, or Merchandise) are solely between you and such third parties; and (ii) that it is impossible for Debra Brooks to monitor such materials and that you access these materials at your own risk.
15. USER CONDUCT
You agree that you will not violate any law, statute, regulation, intellectual property (including, but not limited to, copyright and trademarks), contractual obligations, other third party rights, or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Site. You agree that you will abide by this Agreement and will not: (1) display personal or confidential information related to any third party, including, but not limited to, street addresses, email addresses, last names, telephone numbers, and URLs; (2) attempt to access or use another user’s account unless permitted to do so, in writing, from both the user and Debra Brooks; (3) engage in any behavior which is deemed to be harassment, threatening, stalking or predation of any other person; (4) make any claim, statement, or assertion, or imply, that your claim, statement, or assertion is endorsed by Debra Brooks without Debra Brooks’s express written consent; (5) engage in the commercial solicitation of other end-users; (6) collect or record end-users’ personal information without their prior written consent; (7) develop or use any third party applications that interact with any of Debra Brooks’s Content, the Site without our prior written consent; (8) use the Site in any way that prevents or inhibits other end-users from fully utilizing the Site or in a way that could overburden or interfere with the functioning of the Site in any manner; (9) use any manual or automatic process, means, or interface (including, but not limited to robot, spider, script or, browser extension), which Debra Brooks has not authorized to access the Site, to retrieve or index data or content; (10) decipher or reverse engineer any portion of the Site that may reveal source code or bypass items designed to obstruct, limit, or stop access to any Content, specific site within the Site, or code within the Site; (11) access or attempt to access any portion or feature of the Site which you are not authorized to access, pursuant to this Agreement or any subsequent agreements; or (12) use the Site for any illegal purpose.
16. USER CONTENT
16.1 Pursuant to the specifications located in this Agreement, the Site or any social media platforms on which Debra Brooks has an official page or feed, may include, now or in the future, areas (“Interactive Areas”) that allow users to post content, including but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, or other materials (“User Content”). Any User Content you post or submit to us through email or other channels must, in its entirety, comply with all applicable federal, state, local and international laws and regulations, and this Agreement (including, but not limited to, the Prohibited Uses set out in Section 16 of these Terms, respectively). You understand and acknowledge that you are responsible for any User Content you submit or contribute through any channel or method and your use of any Interactive Areas of the Site and you, not Debra Brooks, have full responsibility for such content and use, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Site. You understand and acknowledge that User Content that you share with a third party through the Site or third party platforms will be viewable by others in accordance with the privacy settings you establish. Any User Content you post to the Site will be considered non-confidential and non-proprietary. By providing any User Content, you represent and warrant that:(1) You own or control all rights in and to the User Content and have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content does not infringe on any patent trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (2) You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that is found by Debra Brooks in its sole capacity to be false, misleading, untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Debra Brooks in our sole discretion, and (3) all of your User Content does and will comply with this Agreement.
16.2 Except where prohibited by applicable law, Debra Brooks may pull content from our Users who share photos, reviews, videos on social media using our brand name, brand hashtags, including without limitation, #Debra Brooks, #Debra Brookspics, (collectively, the “Debra Brooks Hashtags”), or tagging Debra Brooks using the @Debra Brooks account. You acknowledge and agree that by using our brand name, tagging Debra Brooks, or using a Debra Brooks Hashtag, that it may be used by Debra Brooks in our marketing materials, including but not limited to, our emails, our advertisements, and on our Site, and you hereby grant us permission to use and authorize us to use your name or social media handle in association with your User Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Debra Brooks account or the Services. You represent and warrant that the posting and use of your User Content, including to the extent that your User Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
16.3 Except where prohibited by applicable law, You acknowledge and agree that by using our brand name, tagging Debra Brooks, or using a Debra Brooks Hashtag or by uploading any User Content you hereby grant Debra Brooks and its affiliates and subsidiaries a nonexclusive, royalty-free, transferable, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copy, upload, store, distribute, perform and publicly display your User Content, in whole or in part and any name, username, likeness, voice, or photograph provided in connection with your User Content without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your Account or the Services. For sake of clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
16.4 Except where prohibited by applicable law, You acknowledge and agree that by using our brand name, tagging Debra Brooks, or using a Debra Brooks Hashtag or by uploading any User Content through the Site, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content. You are also agreeing to appoint Debra Brooks as your irrevocable attorney-in-fact with respect to the User Content.
16.5 Except where prohibited by applicable law, You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (collectively “Feedback”) that you provide us are non-confidential and we will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without your acknowledgment or compensation to you.
16.6 Except where prohibited by applicable law, You acknowledge and agree that we may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce this Agreement; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Debra Brooks or our users.
17. TERM, TERMINATION AND SURVIVAL
17.1. Term,
The Agreement commences on the date when you accept them and remains in full force and effect while you use the Offerings, unless terminated earlier in accordance with the Agreement.
17.2. Prior Use,
Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used the Offerings or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Offerings, unless earlier terminated in accordance with the Agreement.
17.3. Termination,
Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Merchandise, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance to the terms set forth in Sections 6 and 10.3 hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if Debra Brooks is required to do so by law (e.g., where the provision of the Site or the Services is, or becomes, unlawful), Company has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in Debra Brooks’s sole discretion and that Debra Brooks shall not be liable to you or any third party for any termination of your Account. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Site (or any features or functionality of the Site) and the Merchandise at any time without notice and without obligation or liability to you.
17.4. Effect of Termination,
Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof). Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Service may involve deletion of Your Content associated therewith from our live databases. Debra Brooks will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of the Offering or Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
17.5. No Subsequent Registration,
If your registration(s) with or ability to access the Service is discontinued by Debra Brooks due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Services to which your access has been terminated. In the event that you violate the immediately preceding sentence, Debra Brooks reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
18. ERRORS, INACCURACIES AND OMISSIONS
We have made every effort to display as accurately as possible the colors and styles of our merchandise that appear on the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
Though we strive for accuracy, occasionally, the information on the Site may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you inconvenience.
Due to special promotions and sales, items in your shopping cart may have a different price from the price displayed on the product page when it was first placed in your cart.
Please note that because the colors you see will depend on your device’s display settings, we cannot guarantee that your device will display the exact color of an item displayed.
19. LINKS TO OTHER SITES
Periodically, links may be established from the Site to one or more external sites or resources operated by third parties (“Third Party Sites”). These links are provided for your convenience only and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the Third Party Sites or any information contained therein. In addition, some Third Party Sites also may provide links to the Site. Such links should not be deemed to imply that Debra Brooks endorses the Third Party Sites or any content therein. Debra Brooks does not control and is not responsible or liable for any Third Party Sites or any content, advertising, merchandise, or other materials on or available from such Third Party Sites. When leaving the Site and entering a new site, you should be aware that our terms and policies no longer govern. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices.
20. INDEMNIFICATION
To the extent permissible by law, you agree to defend, indemnify and hold Debra Brooks harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Debra Brooks reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Debra Brooks in the defense of such matter.
21. SITE DISCLAIMER
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF THE SITE AND ALL CONTENTS, WHICH ARE PROVIDED ON AN “AS IS” BASIS, TO THE EXTENT PERMISSIBLE BY LAW. DEBRA BROOKS DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DEBRA BROOKS DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENTS AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DEBRA BROOKS MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE ARE DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. AS FURTHER EXPLAINED IN THE FOLLOWING SECTION, THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
22. LIMITATION OF LIABILITY
IN NO EVENT SHALL DEBRA BROOKS OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM DEBRA BROOKS, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DEBRA BROOKS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DEBRA BROOKS FOR ACCESS TO OR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST DEBRA BROOKS IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY OR LIMIT OUR LIABILITY, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
23. CHANGES AND MODIFICATIONS
We reserve the right to change or modify any of the terms contained in these Terms or any policy of the Site, at any time and in our sole discretion, including but not limited to, modifying, suspending or discontinuing the Site or any service, content, feature or product offered through the Site, with or without notice; charging fees in connection with the use of the Site or any services offered therein; modifying and/or waiving any fees charged in connection with the Site; and/or offering opportunities to some or all users of the Site. If we decide to change our Terms or a policy, we will post a new version on our Site and update the date, and where legally required, will provide additional notice to you. Any changes or modification will be effective upon posting of the revisions. Your continued use of the Site following the posting of the changes or modifications will constitute your acceptance of such changes or modifications of the Site. You should frequently review these Terms (including its date) and applicable policies from time-to-time to understand the Terms that apply to your use of the Site.
24. BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and debit or credit card numbers.
25. USE OF SITE BY MINORS
You may not use or engage with this Site if you are under thirteen (13) years of age. If you use or engage with this Site and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with this Site, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with this Site, or are of adult age in your jurisdiction. By using or engaging with this Site, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with this Site. The Site will not be liable for any damages that may result from misrepresentation of age by a user of our Site.
26. LEGAL NOTICE FOR CALIFORNIA MINORS
If you are a California resident under the age of 18, California’s Privacy Rights for California Minors in the Digital World Law (known as the “Online Eraser Law”) may permit you to request and obtain removal of content or information you have publicly posted on the Site. To make such request, please send an email with a detailed description of the specific content or information to admin@debrabrooks.com with the subject matter line ‘CALIFORNIA MINOR CONTENT REMOVAL REQUEST.’ Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and there may be circumstances in which the law does not require or allow removal even if requested.
27. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination of these Terms date shall survive the termination of these Terms for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site, whichever occurs first.
We reserve the right, without notice and in our sole discretion, to terminate your ability to use the Site, refuse service, terminate accounts, remove or edit content, or cancel orders, and to block or prevent future access to and use of the Site.
28. ACCESSIBILITY
Debra Brooks is committed to making our Site’s content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this Site, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please email us at admin@debrabrooks.com with “Accessibility” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies.
29. LEGAL NOTICE FOR CALIFORNIA RESIDENTS
As a California resident, you may be entitled to exercise the rights listed below. However, these rights are not absolute, and in certain cases, we may decline your request as permitted by law.
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice.
The name, address and telephone number of the provider of the Site is Debra Brooks Corporation, 1605 W Olympic Boulevard, Suite 1046, Los Angeles, CA 90015, United States of America. The telephone number is 626 773 6868.
Complaints regarding this Site or requests to receive further information regarding the use of the Site may be sent to the above address.
California residents may file any complaints they may have regarding the Site with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Boulevard, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
30. ENTIRE AGREEMENT; SEVERABILITY; NO WAIVER
These Terms, as well as our Privacy Policy and other applicable policies contained in the Site, constitute the entire Agreement between you and Debra Brooks relating to the subject matter hereof. These Terms may not be altered, supplemented, or amended by the use of any other documents.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The waiver of any provision of this Agreement shall not be considered a waiver of any other provision or of Debra Brooks’ right to require strict observance of each of the terms herein.
31. MISCELLANEOUS
Debra Brooks shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or government agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
32. CONTACT US
If you wish to contact us about these Terms, the practices of this site, or your dealings with this Site, you may reach us by email at: admin@debrabrooks.com or, write to us at:
Debra Brooks Corporation
1605 W Olympic Boulevard, Suite 1046
Los Angeles, CA 90015,
U S A