Terms and Conditions
1. Acceptance of Terms and Conditions
1.2 You understand and agree that we may change the terms at any time without prior notice. You may read a current, effective copy of the terms at any time by selecting the “Terms & Conditions” link on the site. The revised Agreement will become effective upon posting. Any use of the Site after such date shall constitute your acceptance of such revised Agreement. If any change to this Agreement is not acceptable to you, you may not access, browse or otherwise use the site.
2. Use of the Site
2.1 Except for any User Generated Content, the Website and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Bringrr Systems, LLC or its licensors. You acknowledge that the Website and any underlying technology used in connection with the Website contain Bringrr’s intellectual property and proprietary information. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Website except as necessary to view the content on the Website and create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use. All rights in the Website not expressly granted to you by Bringrr are retained by Bringrr and its licensors.
2.2 The trademarks, service marks, and logos of Bringrr used and displayed on this Site are registered and unregistered trademarks or service marks of Bringrr. Nothing on this Site or in these terms should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Site without the prior written consent of Bringrr specific for each such use. The Trademarks may not be used to disparage Bringrr or an applicable third-party. Use of any Trademarks as part of a link to or from any web site is prohibited without Bringrr’s prior written consent.
2.4 The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site hosted by Bringrr infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see http://www.copyright.gov/fedreg/ for details). Notices and counter notices with respect to the Site should be sent to Bringrr at:
Bringrr Systems, LLC
33 South Commercial Street
Manchester, NH 03101
3. Limitation of Liability
3.1 IN NO EVENT SHALL ANY Bringrr PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH Bringrr PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.2 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE Bringrr PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
4. Content Disclaimer
4.1 THE WEBSITE IS PROVIDED BY Bringrr Systems, LLC. AND ITS AFFILIATES “AS IS.” NEITHER Bringrr NOR ITS PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, Bringrr AND ITS PARTNERS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, Bringrr DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.
5. User Generated Content
6.1 You agree to defend, indemnify, and hold Bringrr and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.
7.1 This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Sacremento in the State of California. If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect. Failure of Bringrr to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in the terms. No waiver shall be effective against Bringrr unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by Bringrr and you, these terms constitute the entire agreement between you and Bringr with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub licensees. Any information submitted or provided by you to the Site might be publicly accessible. Important and private information should be protected by you. Bringrr is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.