Terms of Use

Last modified: May 12, 2023

1. Terms of Use
2. Acceptance of Terms of Use
3. Notice of Changes to Terms of Use
4. Privacy Policy
5. Site Access
6. Electronic Communications
7. Copyrighted Materials
8. Reporting Claims of Copyright Infringement
9. Trademarks
10. Linking Policy
11. Submission of Suggestions and Ideas by You
12. Indemnification
13. Disclaimer
14. Limits of Liability
15. Limitation on Time to File Claims
16. Governing Law and Jurisdiction
17. Mobile Applications
18. Entire Agreement
19. Store Returns & Exchanges
1. In-Store Returns
2. Garden Center Returns
3. In-Store Art Gallery Returns
4. Online Returns
5. Damaged Items From Online Store
6. Corporate Order and Special Order Items
7. Missing Items
8. Exchanges and Cancellations
9. Correctional Facilities Deliveries
20. Age Requirement to Use the Websites
21. Geographical Restrictions
22. Waiver and Severability
23. Contact Us

 

Terms of Use

Last Update: May 12, 2022

This website is owned and operated by The Brookwood Community Inc.

 

1. Acceptance of Terms of Use

1.1 These terms of use are entered into by and between you and The Brookwood Community Inc. (“Brookwood”, The Brookwood Community, “we” or “us”). The following terms and conditions (the “Terms of Use”) govern your access to and use of any of our ministry websites or mobile applications, including: www.brookwoodcommunity.org, https://brookwoodstore.org/, www.shudde.com, www.BWconnets.org, www.brookwoodb2b.org; including any content, functionality and services offered on or through these sites and applications and any other website owned or operated by us, (collectively the “Websites” or “Website”).

1.2 Please read the Terms of Use carefully before you start to use the Website.

1. By using the Websites you accept and agree to be bound and abide by these Terms of Use.
2. If you do not want to agree to these Terms of Use, you must not access or use the Websites.

 

2. Notice of Changes to Terms of Use

2.1 We may revise and update these Terms of Use from time to time at our sole discretion.

1. All changes are effective immediately when we post them and apply to all access to and use of the Websites thereafter.
2. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.
3. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

 

3. Privacy Policy

3.1 Additionally, your use of these Websites are governed by the Privacy Policy, which is incorporated herein by reference.

 

4. Site Access

4.1 The Brookwood Community reserves the right to prohibit any person from using the Websites for any reason whatsoever, and to limit or terminate your access to or use of the Websites at any time without notice.

 

5. Electronic Communications

5.1 When you use the Websites or send emails to The Brookwood Community, you are communicating with us electronically.

1. You consent to receive electronically any communications related to your use of this Website. The Brookwood Community will communicate with you by email or by posting notices on the Website.
2. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
3. All notices from The Brookwood Community intended for receipt by you will be deemed delivered and effective when sent to the email address you provide on any of the Websites.

 

6. Copyrighted Materials

6.1 The Websites, along with all materials contained in the Websites (“Online Material”) are the property of The Brookwood Community, its licensors and other providers of Online Material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Unauthorized use of Online Materials contained in the Websites may violate these laws and other regulations and statutes.

6.2 Online Materials may not be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of The Brookwood Community or the copyright owner. For clarity, Online Materials include but are not limited to any and all text, illustrations, photographs, video or audio sequences or any graphics contained in the Websites.

6.3 By way of example, you must not:

1. Copy, reproduce, modify, adapt, distribute, or create any derivative works from, any materials from the Websites including but not limited to the creation of websites, blogs, magazines, books, CDs/DVDs, etc.
2. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
3. Utilize or access this Website for any purpose other than personal, non-commercial use on your own personal computer or mobile device.

6.4 If you wish to make any use of material on the Websites or any other Brookwood Community related copyrighted material, please address your request to: webmaster@brookwoodcommunity.org

6.5 Except as provided herein, The Brookwood Community reserves all rights with respect to the Online Materials and may pursue all legally available options under both civil and criminal laws in the event of any violations.

1. If you believe that any User Contributions violate your copyright, please see Reporting Claims of Copyright Infringement below.
2. All content available on or through the Websites is protected by copyright, trademark and other applicable U.S. and foreign laws.

 

7. Reporting Claims of Copyright Infringement

7.1 We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Websites infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate.
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

7.2 Our designated Copyright Agent to receive DMCA Notices is:

Brookwood Community
ATTN: COPYRIGHT AGENT
1752 FM 1489
Brookshire, TX 77423
(281) 375-2100
webmaster@brookwoodcommunity.org

7.3 If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

8. Trademarks

8.1 The trademarks, logos, and service marks (“Marks”) displayed on the Websites are the property of The Brookwood Community Inc. or its licensors or content providers, or other parties.

1. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose without the written permission of The Brookwood Community Inc. or such third party which may own the Marks.
2. You are not authorized to use our logo(s) as a hyperlink to the Websites without the written permission of The Brookwood Community. Permissions can be requested at webmaster@brookwoodcommunity.org

 

9. Linking Policy

9.1 You may link our content to your site or to a third-party social media site for non-commercial, personal, entertainment use on a single device (e.g., computer, tablet or mobile) only.

1. However, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part or in any way to cause damage to our reputation.
2. The content on the Websites may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by The Brookwood Community.
3. For clarity, you may not use any of The Brookwood Community’s logos, trademarks, or other images contained on this Website in your link.
4. Using our Content on any other website or networked computer environment is prohibited. We reserve the right to withdraw linking permission without notice.
5. We may disable all or any social media features and any links at any time without notice in our discretion.

9.2 If the Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only.

1. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
2. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

10. Submission of Suggestions and Ideas by You

10.1 You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other creative materials (“Submissions”) provided to The Brookwood Community by you are non-confidential and will become the sole property of The Brookwood Community. The Brookwood Community will own exclusive rights, including all intellectual property rights, and will maintain unrestricted use and dissemination of Submissions for any lawful purpose, without acknowledgement or compensation to you.

 

11. Indemnification

11.1 You agree to defend, indemnify, and hold harmless The Brookwood Community, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites, including, but not limited to, your User Contributions, any use of the Websites’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Websites.

 

12. Disclaimer

12.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the Websites will be free of viruses or other destructive code.

1. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Websites for any reconstruction of any lost data.
2. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

12.2 YOUR USE OF THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE BROOKWOOD COMMUNITY NOR ANY PERSON ASSOCIATED WITH THE BROOKWOOD COMMUNITY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE BROOKWOOD COMMUNITY NOR ANYONE ASSOCIATED WITH THE BROOKWOOD COMMUNITY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

12.3 THE BROOKWOOD COMMUNITY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

12.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

13. Limits of Liability

13.1 IN NO EVENT WILL THE BROOKWOOD COMMUNITY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN, AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

13.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

14. Limitation on Time to File Claims

14.1 ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

15. Governing Law and Jurisdiction

15.1 All matters relating to the Websites and these Terms of Use and any dispute or claim arising therefrom or related thereto are governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision.

15.2 Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Brookshire and County of Waller.

1. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

16. Mobile Applications

16.1 From time to time we may at our sole discretion develop and provide mobile application updates, which may include upgrades, bug fixes, patches, other error corrections, deletions, and new features.

1. You agree that The Brookwood Community has no obligation to provide any such updates.
2. Based on your personal mobile settings, the mobile application will automatically download and install all available updates or you may receive notice of or be prompted to download and install such updates.

16.2 You understand that your carrier’s normal rates and fees, such as text messaging and data charges will apply when using the mobile application.

 

17. Entire Agreement

17.1 The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Brookwood Community with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.

 

18. Store Returns & Exchanges

18.1 We stand by the quality and origins of all items sold within our regional and online locations. Each item that is a Citizen-made Brookwood item is handmade and as a result, colors, and measurements may vary slightly. In addition, any other items that are handmade may result in colors, and measurements that may vary slightly.

 

18.2 In-Store Returns

1. Merchandise purchased in-store may be returned with the sales receipt for a full refund to the original form of payment up to (30) days from the purchase date. Items must be returned in their original, unused condition.
2. Damaged or defective items should be returned to us within (5) business days of receipt. Do not ship damaged products back to us unless requested to do so.
3. All returns made without a receipt will be returned for a merchandise gift card at the current selling price. Final sale merchandise may not be returned or exchanged at any time.

 

18.3 Garden Center Returns

1. Merchandise purchased in the Garden Center may be returned with the sales receipt for a full refund to the original form of payment up to (5) days from the purchase date. Plants must be returned to their original, undamaged condition.
2. All returns made without a receipt will be returned for a merchandise gift card at the current selling price. Final sale merchandise may not be returned or exchanged at any time.
3. The Garden Center will not accept returns due to damages. Please ensure your item purchased in the garden center is in acceptable condition upon purchase.

 

18.4 In-Store Art Gallery Returns

1. Art Gallery merchandise purchased in-store may be returned with the sales receipt for a full refund to the original form of payment up to (48) hours from the purchase date.
2. All returns made without a receipt will be returned for a merchandise gift card.
3. Any damage or flaws to art or frame must be noted before you leave the store. Upon return, any damage to art or frame that was not previously noted will result in a final sale.
4. All jewelry sales are final, no returns.

 

18.5 Online Returns

1. a) Are accepted within (30) days of the date that you received your order for a full refund. If an item was a gift, we will provide a refund at the current selling price in the form of a gift card.
2. Mail products in their original condition and with all original packaging and tags to:
   The Brookwood Community Shipping Department
   ATTN: Online Returns
   35269 Bains Lane
   Brookshire, TX 77423
3. Allow up to three weeks for us to receive your return and process your request.
4. Refunds will be issued in the original form of payment for the cost of the product, including tax paid.
5. Shipping costs for returns are the responsibility of the customer and are not refundable unless your order arrives damaged.
6. If the item was a gift, we will issue a store credit in the form of a gift card.

 

18.6 Damaged Items From Online Store

1. Please inspect your order upon receipt and contact us immediately if the item is defective or damaged or if you received the wrong item, so we may evaluate the issue and make it right.
2. Damaged or defective items should be reported to us within 5 business days of receipt. Do not ship damaged products back to us unless requested to do so.
3. Please contact our team at (281) 375-2126 or email CustomerService@BrookwoodCommunity.org for instructions regarding mailing of damaged product.
4. A refund will be issued to your account, or you will be shipped replacement item(s) as soon as possible.

 

18.7 Corporate Order and Special Order Items

1. All Corporate Order and Special-Order items are final. No requests for refunds or exchanges will be accepted, with the exception of mailed items that were damaged upon arrival.
2. Damaged or defective items should be reported to us within 5 business days of receipt. Do not ship damaged products back to us unless requested to do so. Please contact our team at (281) 375-2126 or email CustomerService@BrookwoodCommunity.org for instructions regarding mailing of damaged product.

 

18.8 Missing Items

1. While we try to be as accurate as possible, we will occasionally make a mistake in fulfilling orders.
2. If items are missing from your order, please contact our team at (281) 375-2126 or email CustomerService@BrookwoodCommunity.org within (5) business days of receipt of the package to be issued a credit or to be shipped correct item(s).

 

18.9 Exchanges and Cancellations

1. Merchandise exchanges will be processed as a return and then you will need to reorder the desired merchandise.
   1. Please follow the steps listed under the Return section and then return to https://brookwoodstore.org/ to purchase items under a new transaction.
2. To cancel an order, please contact our team at (281) 375-2126 or email CustomerService@BrookwoodCommunity.org. If your order has not shipped, we will make every effort to accommodate your request.
   1. Please note that if the order has shipped, we cannot authorize a cancelation. In this case, please follow the steps in the Returns section.

 

18.10 Correctional Facilities Deliveries

1. We are not responsible for the delivery of packages to correctional facilities. We will make every attempt to follow the mailing instructions provided by our customers, but we will not issue a refund for orders that do not reach their stated destinations.
2. Therefore, if you wish to mail a package to someone in a correctional facility you do so at your own risk and expense.

 

19. Age Requirement to Use the Websites

19.1 The Websites are offered and available to users who are eighteen (18) years of age or older. However, users under eighteen (18) must have a parent or legal guardian review, acknowledge, and agree to these Terms of Use prior to such use.

1. By using the Websites, you represent and warrant that you meet the requirements listed above and have legally entered into a binding contract with The Brookwood Community and are bound by such terms.
2. If you do not meet these requirements, you must not access or use the Websites.

 

20. Geographical Restrictions

20.1 The Websites are controlled from offices within the United States. The Brookwood Community makes no representation that content or materials in the Websites are appropriate or available for use in other jurisdictions.

1. Access to the Websites’ content or materials from jurisdictions where such access is illegal is strictly prohibited.
2. If you choose to access the Websites from other jurisdictions, you do so at your own risk.
3. You are always responsible for your compliance with applicable laws. THE LAWS OF TEXAS WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THE WEBSITES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND EXCLUDING THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
4. YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS OF TEXAS IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.

 

21. Waiver and Severability

21.1 No waiver of by The Brookwood Community of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Brookwood Community to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

21.2 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

22. Contact Us

22.1 The Websites are operated by: The Brookwood Community Inc., located at 1752 FM 1489 Brookshire, Texas 77423.

22.2 Unless otherwise stated herein, all feedback, comments, requests for technical support and other communications relating to the Websites should be directed to: webmaster@brookwoodcommuity.org.