Terms of Use

This Contract is made effective as of September 15, 2016, by and between Christmas Brothers™, of Los Angeles, California 90034, (Christmas Light Installation), and Home/Business Owner.

  

Payment: Customer will be invoiced immediately following installation when an accurate count of light strands has been made. Payment is due in full immediately after the initial installation. If an invoice is requested for payment via Paypal, a credit card number is required prior to installation. No charges will be made to the credit card account until final installation price is confirmed following completion. The entire remaining balance will be applied to the credit card immediately following the installation date. Payments not received by the due date as stated on the invoice are subject to a 15% late penalty. Disputes and charge-backs to the credit card company will result in a $50.00 fee. Check payments that do not clear the bank will result in a $35.00 return check fee.

 

Service: Christmas Brothers (CB) reserves the right to refuse service to any property deemed unsafe by CB. Pricing includes: 1. Use of a stated quantity of lights and electrical accessories from the installation date through no later than the end of January the following year. 2. Single-time installation of lights according to a layout planned and approved by the homeowner. All CB supplied lighting materials are the property of the customer. CB will fasten light strands to gutters or roofline using eco-friendly disposable clips. If standard fastening methods are not possible, additional charges may apply. CB is not responsible for paint chipping due to highly oxidized or deteriorating paint on fascia boards. CB cannot guarantee consistent light bulb orientation due to twisting nature of light strands. CB also reserves the right to take and use photographs or video of the customer's property for marketing and media purposes. CB are fully insured. 

 

Electricity: The property owner must provide CB clear access to safe and adequate electricity commensurate with the volume of lights requested by the customer. CB will require enough free circuits to successfully handle the electrical load of the lighting package. High wattage devices such as refrigerators or hair dryers must not be tethered to the lighting package circuits. CB will not be held responsible for inadequate, faulty, or overloaded electrical sources at the place of service. If circuit breakers frequently need to be reset, this is often an indication of inadequate power supply and may require a service call to locate additional clean circuits and redistribute power. Customer may be required to provide electrical connection from inside the house. Customers requesting large lighting packages may need to consult with their electrician to provide additional power sources commensurate with package needs. Persistent moisture such as rain will create an increase in electrical resistance up to double the load of the lighting package in dry weather.

 

Service Calls: CB will test all lighting at completion of installation and will leave project fully functional. CB will provide customer with up to one FREE service call between installation date and December 23rd; however, a $20.00 service fee will apply to repairs that result from the following: 1. Severe weather conditions such as excessive wind or rain. 2. Tampering by animals such as chewing through wires. 3. Changes made by customer such as tethering personal lights to CB lights, 4. Changes made by landscapers, i.e. unplugging power source to get to destination, etc. Restrictions apply to service calls requested between Christmas Eve and New Year’s Eve.

 

Removal: CB will return in the month of January to remove the specified installed lighting and decorations, unless otherwise noted. Removal is included in the installation price.

 

Privacy Policy

 

Agreement between user and www.christmasbrothers.com 

Welcome to www.christmasbrothers.com. The www.christmasbrothers.com website (the "Site") is comprised of various web pages operated by Christmas Brothers www.christmasbrothers.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.christmasbrothers.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. 

  

www.christmasbrothers.com is a E-commerce Site 

To provide excellent Christmas light installation services to our loyal customers. 

  

Electronic Communications 

Visiting www.christmasbrothers.com or sending emails to Christmas Brothers constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

  

Christmas Brothers does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.christmasbrothers.com only with permission of a parent or guardian. 

  

Links to third party sites/Third party services 

www.christmasbrothers.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Christmas Brothers and Christmas Brothers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Christmas Brothers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Christmas Brothers of the site or any association with its operators. 

  

Certain services made available via www.christmasbrothers.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.christmasbrothers.com domain, you hereby acknowledge and consent that Christmas Brothers may share such information and data with any third party with whom Christmas Brothers has a contractual relationship to provide the requested product, service or functionality on behalf of www.christmasbrothers.com users and customers. 

  

No unlawful or prohibited use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use www.christmasbrothers.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Christmas Brothers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. 

  

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Christmas Brothers or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Christmas Brothers content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Christmas Brothers and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Christmas Brothers or our licensors except as expressly authorized by these Terms. 

  

Third Party Accounts 

You will be able to connect your Christmas Brothers account to third party accounts. By connecting your Christmas Brothers account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature. 

  

International Users 

The Service is controlled, operated and administered by Christmas Brothers from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Christmas Brothers Content accessed through www.christmasbrothers.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

Indemnification 

You agree to indemnify, defend and hold harmless Christmas Brothers, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Christmas Brothers reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Christmas Brothers in asserting any available defenses. 

  

Liability Disclaimer 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CHRISTMAS BROTHERS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

  

CHRISTMAS BROTHERS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CHRISTMAS BROTHERS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHRISTMAS BROTHERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CHRISTMAS BROTHERS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

  

Termination/access restriction 

Christmas Brothers reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

  

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Christmas Brothers as a result of this agreement or use of the Site. Christmas Brothers's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Christmas Brothers's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Christmas Brothers with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

  

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Christmas Brothers with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Christmas Brothers with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

  

Changes to Terms 

Christmas Brothers reserves the right, in its sole discretion, to change the Terms under which www.christmasbrothers.com is offered. The most current version of the Terms will supersede all previous versions. Christmas Brothers encourages you to periodically review the Terms to stay informed of our updates. 

  

Contact Us 

Christmas Brothers welcomes your questions or comments regarding the Terms: 

  

Christmas Brothers 

PO Box 857,

Manhattan Beach, CA 90266

  

  

Email Address: 

Info@ChristmasBrothers.com 

  

Telephone number: 

310-773-9857 

  

Effective as of September 15, 2016

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2020 Registered Trademark Christmas Brothers™, LLC. All Rights Reserved.