PURCHASES; ADDITIONAL TERMS AND CONDITIONS
THE BRACKETEERS’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements.
PROFESSIONAL SERVICES DISCLAIMER
The content of this Website, such as text, graphics, images, and information obtained from THE BRACKETEER ’s manufacturers, suppliers and other entities, and other material (collectively, “Content”) is for informational purposes only. Any information furnished on this Website is not intended nor implied to be automotive advice and is not intended to replace personal consultation with a qualified automotive service technician, mechanic or similar automotive professional.
THE BRACKETEER has not examined the Content for accuracy, timeliness, completeness, appropriateness, or helpfulness. THE BRACKETEER does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on this Website. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL THE BRACKETEER BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
You acknowledge that the information on this Website is provided "AS IS" for general information only. THE BRACKETEER DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR SOLE REMEDY AGAINST THE BRACKETEER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THE BRACKETEER reserves the right to change or discontinue at any time any aspect or feature of this Website.
EXCLUSION OF LIABILITY
IN NO EVENT SHALL THE BRACKETEER ITS LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE BRACKETEER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of THE BRACKETEER and its suppliers. Accordingly, THE BRACKETEER assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.
THE BRACKETEER reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (2) to modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event-giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to THE BRACKETEER its licensors or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: "Copyright © 2015 THE BRACKETEER All Rights Reserved" and all other copyright and proprietary rights notices, which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible THE BRACKETEER materials not expressly granted herein are expressly reserved to THE BRACKETEER. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
All product and service names, logos and symbols used and displayed on this Website are registered and unregistered trademarks of The Bracketeer LLC and others. Nothing on this Website shall be construed as granting, by implication, estopple or otherwise, any license or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. THE BRACKETEER trademarks may not be used in connection with any product or service that is not associated or affiliated with THE BRACKETEER, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits THE BRACKETEER or the trademark.
You agree that you will not post any communications or content of any type that infringe or violate any rights of any party. By submitting communications or content to any part of this Website, you agree that such submission is non-confidential for all purposes. If you post such communications or content, you automatically grant—or warrant that the owner of such content has expressly granted—THE BRACKETEER a royalty free, perpetual, irrevocable, world wide nonexclusive license to include the work on this Website (and to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed).
THE BRACKETEER may provide links on the Website, via advertising and otherwise, to other websites that are not under the control of THE BRACKETEER. THE BRACKETEER does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and THE BRACKETEER is not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against THE BRACKETEER regarding our inclusion of such links to third party websites or your use of those websites.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, Subscriber Agreement, and Complete Agreement.
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
In consideration of THE BRACKETEER is allowing you to visit and use the TheBracketeer.com website, you agree to defend, indemnify and hold harmless THE BRACKETEER, its member companies, and their divisions, subsidiaries, parents, affiliates, partners, and their respective past, present and future officers, directors, stockholders, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively “Releasees”), from any and all claims, charges, injuries (including, but not limited to, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of the TheBracketeer.com website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through TheBracketeer.com your inability to access the TheBracketeer.com website for any reason, your reliance on any errors or omissions on the TheBracketeer.com website, or your contraction of computer viruses of any nature obtained through your use of the TheBracketeer.com website or any website accessed through the TheBracketeer.com website. You agree to defend, indemnify and hold THE BRACKETEER their officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.
These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by THE BRACKETEER or its affiliates is also governed by your agreement with THE BRACKETEER or its affiliates relating to the provision of such services (the “Subscriber Agreement”). You must enter into an independent Subscriber Agreement in order to receive such services. In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement will control.
GOVERNING LAW; DISPUTE RESOLUTION
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Except for the Subscriber Agreement, if any, these Terms and Conditions contain the entire agreement between you and THE BRACKETEER relating to your use of this Website.