Terms & Conditions
B&R Marine's Website is offered to you conditional upon your acceptance without modification of the terms, conditions and notices contained herein. By accessing and using this Website you agree that you have read and accept these terms and conditions.
MODIFICATION OF THESE TERMS OF USE
B&R Marine ("BR") reserves the right to change the terms, conditions and notices under which BR Website is offered. Your continued use of the BR Website after changes have been made constitutes your acceptance of this Agreement as modified. BR hereby grants you a non-exclusive, non-transferable license to access BR Website in accordance with this Agreement.
NO UNLAWFUL OF PROHIBITED USE
As a condition of your use of BR Website, you warrant to BR that you will not use BR Website for any purpose that is unlawful or prohibited by these terms, conditions and policies. you may not use BR Website in any manner which could damage, disable, overburden, or impair BR or interfere with any other party's use and enjoyment of BR Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through BR.
If BR provides links to Web sites and access to content, products and services from third parties, including users, partners, advertisers, affiliates and sponsors of BR , you agree that BR is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by such third party Web sites before you use them. You agree that BR is not responsible for third party content accessible through BR Website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party unless otherwise agreed in writing between you and . You agree that BR is not responsible for (a) the quality of third party products or services or (b) fulfilling any of the terms of your agreement with the third party, including delivery of products or services and warranty obligations related to purchased products or services. You agree that BR is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
USE OF COMMUNICATION SERVICES
BR Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that is proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
BR has no obligation to monitor the Communication Services. However, BR reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. BR reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. You should be satisfied as to the accuracy and completeness of your submission and will bear all risks associated with the use of the submission. You may not rely on the submission and other user content BR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in BR's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. BR does not control or endorse the content, messages or information found in any Communication Service and, therefore, BR specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized BR spokespersons, and their views do not necessarily reflect those of BR.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO BR OR POSTED ON BR WEBSITE
BR does not claim ownership of the materials you provide to BR (including feedback and suggestions) or post, upload, input or submit to BR Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting BR, its affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in ion with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. BR is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in BR's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and you automatically grant BR a perpetual, royalty-free, irrevocable, non exclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content on in any form, medium or technology now known or later developed. In addition, you warrant that all so called moral rights in the content have been waived.
INDEMNITY
You agree to defend, indemnify and hold harmless BR, its officers, directors, employees and agents from any claims or demands from third parties concerning your use of BR Website, your connection to BR and/or your breaches of these terms and conditions and/or the Privacy Policy.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through BR Website may include inaccuracies or typographical errors. BR does not warrant that the information contained in BR Website is accurate, comprehensive, verified or complete, and shall accept no liability for the accuracy or completeness of the information contained in BR Website or for any reliance placed by any person on the information. BR may make improvements and/or changes in BR Website at any time. Advice received via BR Website should not be relied upon for legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
BR does not warrant that the functions or materials accessible from or contained in BR Website will be uninterrupted or error free, that defects will be corrected or that BR Website or the server that makes it available are virus or bug free or represent the full functionality, accuracy, reliability of the materials.
BR 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 BR Website 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. BR 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, non-infringement, compatibility, security and accuracy.
To the maximum extent permitted by applicable law, neither BR nor its suppliers shall 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 BR Website, with the delay or inability to use BR Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through BR Website.
TERMINATION/ACCESS RESTRICTION
BR reserves the right, in its sole discretion, to terminate your access to BR Website and the related services or any portion thereof at any time, without notice.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, trademarks, patents and all other intellectual property rights in the content of the BR Website belong to BR or its suppliers or partners.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of England and you hereby consent to the exclusive jurisdiction and venue of its courts in all disputes arising out of or relating to the use of BR. You agree that no joint venture, partnership, employment, or agency relationship exists between you and BR as a result of this agreement or use of BR Website. BR's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of BR's right to comply with governmental, court and law enforcement requests or requirements relating to your use of BR or information provided to or gathered by BR 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 BR with respect to BR and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and BR with respect to BR. 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
