Last updated: 4/15/2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE, THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, INCLUDING, WITHOUT LIMITATION, TERMS AND CONDITIONS RELATED TO WARRANTY DISCLAIMERS, LIMITATION OF LIABILITY, LIMITATIONS ON PERIODS FOR ASSERTING ANY CLAIMS, INDEMNIFICATION, AND GOVERNING LAW.

Welcome to the Thu Brulé® website https://thubrule.com (the “Site”). Laughing Buddha, LLC (“Thu Brulé®”, “we”, “us” and “our”) offers this website, including all information, products and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to these Terms of Service, you may not access the website or use any Service. Our Service is not designed for individuals under the age of 18. By agreeing to these Terms of Service, you represent that you are 18 years of age or older. 

Your Use of the Service

You are granted a limited, non-exclusive, revocable right to access and use the Site solely for your personal use. Further, you are solely responsible for your compliance with these Terms and for your acts or omissions in your use of the Site. This right does not include the right to, and you shall not (nor shall you facilitate, direct, or assist a third party to):

• Modify, reproduce, or resell any part of the Site’s content or data, or otherwise commercially exploit any of the Site’s content or data (even if that content or data is provided by a third party).
• Access, tamper with, or use non-public areas of the Site or our computer systems.
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure.
• Access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by us.
• Use any robot, spider, data miner, script, or other automated, semi-automated, or similar means (whether technological or human) to extract or gather data from the Site, or otherwise collect, gather, extract, scrape, or obtain any data or content from the Site for any commercial purpose other than obtaining services from us or your own personal or internal business use.
• Interfere with or disrupt, or attempt to do so, the access of any user, host, or network, including (without limitation) sending a virus, flooding, spamming, overloading, or mail-bombing the Site.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted on, through or in connection with the or Site.
• Use the Site or any of its content in any manner other than the manner in which it is intended to be used, or in any way that interferes with its normal operations or with any other user’s use and enjoyment of this Site, unless you first obtain our express written consent.
• Upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Upload, post, email or otherwise transmit any content that infringes any privacy, patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
• Use the Site or its content for any purpose prohibited or restricted by or otherwise violates applicable law.

Except for the limited right expressly granted to you in these Terms, we and our licensors expressly reserve all other rights and licenses.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.  We reserve the right to refuse or to cancel any order you place with us, in our sole discretion.  If payment has already been made for an order that is cancelled, you will receive a refund. 

We may, in our sole discretion, limit or cancel the quantity of products ordered per person, per household, or per order. These restrictions may include orders placed by or under the same user account, the same payment method, and/or orders that use the same billing and/or shipping address.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

Your User Account

If you register for an online account with us on the Service, you are solely responsible for maintaining the confidentiality and security of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.

If you provide information on the Service, you agree to (a) provide true, accurate, current, and complete information about yourself, and (b) maintain and promptly update such information to keep it true, accurate, current and complete to the extent the Service facilitates such updates. For example, you agree to promptly update your account information, email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. If you provide any information that is false, inaccurate, outdated, or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, we have the right to suspend or terminate your account and prohibit or refuse any and all current or future use of the Service (or any portion thereof) by you.

Modifications to the Service and Prices

Prices and descriptions for our products are subject to change without notice in our sole discretion. Further, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or Service

Certain products or Service may be available exclusively online through the website. These products or Service may have limited quantities and are subject to return or exchange only according to our Return Policy. To view our Return Policy, please visit RETURNS & EXCHANGES.

We reserve the right, but are not obligated, to refuse any order or to limit the sales or the quantities of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. Any offer for any product or Service made on this Site is void where prohibited.

Third-Party Links

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Use Outside of the United States

We make no representation that the materials contained on the Service are appropriate or available for use in jurisdictions outside the United States, or that these Terms comply with the laws of any other country. Visitors who use the Service and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access the Service from any territory where its contents are illegal, and that you, are solely responsible for compliance with all applicable local laws.

User Comments, Feedback and Other Submissions

If, you send certain specific submissions (for example contest entries) or you send creative ideas, suggestions, proposals, plans, or any other materials or content, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you grant us a royalty-free, fully paid up, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, combine with other works, create derivative works from, distribute, perform, edit and display such comments (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

You understand that by using the Service, you may be exposed to comments created by others that are offensive, indecent, or objectionable. We do not endorse or have control over these comments. We make no representations or warranties, express or implied as to the comments or the accuracy and reliability of the comments or any other material or information that you may access through the Service. We assume no responsibility for monitoring any the Service for inappropriate submissions or conduct. We have no obligation to modify or remove any inappropriate comments. Notwithstanding the foregoing, we and our designees shall have the right to remove any comment that violates these Terms or is otherwise objectionable, in our sole discretion.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, please see PRIVACY POLICY.

Errors, Inaccuracies and Omissions

We use commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear at the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. Further, there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

Disclaimer of Warranties

OUR SERVICE, PRODUCTS AND SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR SERVICE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, COMPLIANCE WITH LAW OR OTHERWISE. ANY RELIANCE ON THE SITE AND ITS CONTENT IS AT YOUR OWN RISK.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, LEGALITY, AVAILABILITY OF INFORMATION, PRODUCTS, SERVICE, OR MERCHANDISE FOUND ON THIRD PARTY SITES THAT LINK TO OR FROM THE SERVICE. WE CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES AND/OR RELATED SERVICE NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD PARTY WEBSITES.

Limitation of Liability

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR AFFILIATES, RELATED ENTITIES, VENDORS OR CONTENT PROVIDERS (COLLECTIVELY, THE “LAUGHING BUDDHA PARTIES”) BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF USE OR REPLACEMENT OF DATA, OR LOST PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR ANY OF THE SITE’S CONTENT OR PRODUCTS WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE LAUGHING BUDDHA PARTIES SHALL NOT EXCEED THE PRICE YOU PAID US FOR THE PRODUCT RELATED OT THE CLAIM.

YOU AGREE TO PROMPTLY NOTIFY US IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST THE LAUGHING BUDDHA PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR WARRANTIES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.


Indemnification

You agree to indemnify, defend and hold harmless Laughing Buddha, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, and any losses, costs, damages, expenses (including reasonable attorneys’ fees), due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Trademarks

We or third parties from whom we have permission, own the trademarks and service marks that are used on the Service. All rights are reserved by us and said third parties, and no implied rights are granted to you or any third parties. These and other graphics, logos, service marks, trademarks, and trade dress of ours and our licensors may not be used without prior written consent of us or our licensor. Without limiting the foregoing, no trademark or trade dress of ours may be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.

Copyright and Other Proprietary Rights

We or third parties from whom we have permission, own the Service and all content that is used on the Site. All proprietary content and materials on the Service including, without limitation, the Service’s layout, organization, design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You may not copy or use this proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.

Children’s Privacy

Individuals under the age of 18 (“Minors”) are not permitted to use the Site. Furthermore, we do not knowingly collect or solicit personal information from Minors or knowingly allow such persons to register for an online account or to post personal information on our Site.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You agree that we may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of the Site, including any online account hereon, without notice, for any reason in our sole discretion, including, without limitation, violation of these Terms or our belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, us, another user, or any third party. Entire Agreement

These Terms of Service and any policies, ordering documents or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Electronic Communications

To the fullest extent permitted by law, you agree that these Terms and any other documentation, agreements, notices, or communications between you and us may be provided to you electronically. Please print a copy of all such documentation, agreements, notices, or other communications for your reference.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of the State of Florida.  You hereby consent to the exclusive jurisdiction and forum of the federal and state courts located in the State of Florida for all purposes in connection with any action or proceeding which arises out of or relates to your use of the Service. Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Notice

We may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to us.

Contact

Should you have any questions about the Terms of Service, please contact us at: Email: CONCIERGE@THUBRULE.COM

Postal Address: 2305 S Flagler Dr, West Palm Beach, FL 33401