BINDING AGREEMENT

These Terms and Conditions of Use (the “Terms of Use”) apply to the THE BRACKETEER web site located at www.thebracketeer.com.  The Site is the property of THE BRACKETEER LLC (“THE BRACKETEER”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.THE BRACKETEER reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.

PURCHASES; ADDITIONAL TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Website, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Website or for any service offered on or through the Website, the latter terms shall control with respect to your use of that portion of the Website or the specific service.

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.

PRIVACY

THE BRACKETEER’s Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Use by this reference. To view THE BRACKETEER’s Privacy Policy, click here. [INSERT HYPERLINK].  Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

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.

NO WARRANTIES

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.

POSTING

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).

LINKS

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.

SEVERABILITY

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.

SURVIVAL

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.

WAIVER

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.

INDEMNIFICATION

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.

SUBSCRIBER AGREEMENT

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 agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Orange County, California, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between THE BRACKETEER and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

MISCELLANEOUS

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.

COMPLETE AGREEMENT

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.