Last Updated: August 13, 2024
Table of Contents
1. Ownership and Use of the Site and Materials
2. Other Online Services
3. Business Transactions
4. Restrictions and Prohibited Uses
5. Site Accuracy and Availability
6. Dispute Terms
7. Indemnity
8. Disclaimer of Representations and Warranties
9. Limitations of Our Liability
10. General Provisions
These Terms of Use (“Terms”) set forth a legally binding agreement between you and Bradsby Group (“Bradsby Group”, “we”, “us”, “our”) that govern your use of and access to our website, www.bradsbygroup.com (the “Site”).
Please read these Terms carefully. These Terms affect your legal rights, including requiring waiver of jury trial and waiver of right to bring a class action lawsuit in court (See Section 6).
These Terms are subject to change without notice, in our sole discretion. Changes to these Terms will be in effect as of the “Last Updated” date at the top of this page. Your continued use of the Site after the “Last Updated” date constitutes your acceptance and agreement to such changes.
By using the Site, you acknowledge and agree to all terms and conditions contained in these Terms, and you acknowledge that the collection, use, disclosure, and processing of your information is subject to our Website Privacy Policy. If you do not agree to these Terms and any Additional Terms, do not use the Site.
1. OWNERSHIP AND USE OF THE SITE AND MATERIALS
Intellectual Property. The Site may contain (i) materials and other items relating to Bradsby Group and its services including software, layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Bradsby Group; and (iii) other forms of intellectual property (collectively, the “Materials”).
Limited License. Subject to your strict compliance with these Terms, Bradsby Group grants you a limited, non-exclusive, fully revocable, non-commercial, non-sublicensable, personal, and non-transferable license to display, view, use, or play the Site or Materials on a personal device. All other rights in the Site are reserved by Bradsby Group. You must retain all copyright and other proprietary notices on downloaded or printed Materials, and any such downloads or copies are subject to these Terms and shall remain the property of Bradsby Group and our licensors and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or intellectual property and unfair competition rights and laws to the fullest extent possible. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property right, title, or interest in, the Site or any Materials; and (ii) may be immediately suspended or terminated for any reason, in Bradsby Group’s sole discretion, and without advance notice or liability. Your unauthorized use of the license granted hereunder may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
Reservation of Rights. All rights not expressly granted to you are reserved by Bradsby Group and its licensors. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. We reserve the right to immediately suspend or terminate these Terms, and/or your access to and use of the Site, Materials, or any portion thereof, at any time and for any reason, with or without cause, and without advance notice or liability. Any unauthorized use of the Site and Materials for any purpose is prohibited, and in the event you breach these Terms, we will be entitled to terminate the license granted under these Terms immediately.
2. OTHER ONLINE SERVICES
Portions of the Site may link to or embed third-party online services, technologies, platforms, or apps that we do not control (“Other Online Services”). Bradsby Group is not responsible for Other Online Services or their content. To the fullest extent permitted by applicable law, you further acknowledge and agree that Bradsby Group shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with use of or reliance of any such content, goods, or services available on or through any such third-party online services, technologies, platforms, or apps.
3. BUSINESS TRANSACTIONS
We reserve the right to sell or transfer any information we obtain through the Site in connection with any joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).
4. RESTRICTIONS AND PROHIBITED USES
You agree that you will not:
- Use the Site for any commercial or political purpose or transmit information that is in any way false, fraudulent, or misleading.
- Engage in any activities through or in connection with the Site that: harm, or attempt to harm, any individuals or entities; are unlawful, offensive, obscene, lewd, lascivious, violent, threatening, harassing, scandalous, inflammatory, pornographic, profane or abusive; violate any right of any other party; could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; or are otherwise objectionable to Bradsby Group.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, hidden text, or modify any software (in either object code or source code) or other products, services, or processes accessible through any portion of the Site.
- Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Materials; or attempt or gain unauthorized access to any network or computer through the Site.
- Harvest, scrape, or otherwise collect or store any information, including personal information, from the Site.
- Conduct data mining on, apply machine learning tools or models to, or train machine learning tools or models or any other artificial intelligence technology on the Site or the Materials.
- Monitor, gather, copy, or distribute the Materials (except as may be a result of standard search engine activity or use of a standard browser) by using any robot, rover, bot, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
- Copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any other party, or otherwise use or exploit the Materials in any way for any purpose except as specifically permitted by these Terms or with the prior written consent of Bradsby Group.
5. SITE ACCURACY AND AVAILABILITY
We do not warrant that specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. We make no warranties as to the availability or accessibility of the Site, and except as otherwise set out in these Terms, we will not be liable for any damages, loss, costs, or expenses incurred by you as a result of any lack of availability or accessibility of the Site.
To the extent permitted by law, we reserve the right to terminate your access to and use of the Site and any of its features in our sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform to these Terms or any Additional Terms that may be provided to you or agreed upon between you and us.
We also reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that we will not be liable to you or to any other party for any modification, suspension or discontinuance of the Site or any part thereof. We also reserve the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.
6. DISPUTE TERMS
We strongly encourage you to first contact us directly at [email protected] to seek a resolution for any dispute regarding the Site. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. IF FOR ANY REASON A CLAIM PROCEEDS TO COURT RATHER THAN ARBITRATION, UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AND BRADSBY GROUP AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL, AND YOU AGREE TO WAIVE ANY RIGHT TO BRING A CLASS ACTION LAWSUIT.
7. INDEMNITY
As permitted by applicable law, you agree to, and you hereby indemnify, defend, and hold Bradsby Group, our licensors, suppliers, advertisers and sponsors, each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “Bradsby Group Parties”), harmless from and against any and all claims, causes of action, allegations (threatened or pending), damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including reasonable attorneys’ fees) directly or indirectly arising out of or in connection with any of the following: (i) your use of the Site and your activities in connection with the Site; (ii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iii) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (iv) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any intellectual property, publicity, privacy, or other right of any person or entity; (v) any misrepresentation made by you; and (vi) the Bradsby Group Parties’ use of the information that you submit to us (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Bradsby Group Parties in the defense of any Claims and Losses. Notwithstanding the foregoing, the Bradsby Group Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. Bradsby Group Parties reserve the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of a Bradsby Group Party. This Section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
8. Disclaimer of Representations and Warranties
AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK AND THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, THE BRADSBY GROUP Parties hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, Materials, or other BRADSBY GROUP products or services, except as set forth below.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, THE BRADSBY GROUP PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF OTHER PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
9. Limitations of Our Liability
AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY OF THE BRADSBY GROUP PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Site, Materials, or other Bradsby Group services.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if the Bradsby Group Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site).
AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRADSBY GROUP PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED $5 USD.
10. GENERAL PROVISIONS
Authorized Submission of Personal Information. You agree that if you submit any personal information of another person to Bradsby Group or to the Site, you represent and warrant that you are authorized to provide that individual’s personal information to Bradsby Group.
Governing Law. These Terms shall be governed by the laws of the State of Colorado, excluding conflict of laws principles.
Severability. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
Entire Agreement. Except for any Additional Terms that apply to your use of the Site as we may notify or make available to you, this is the entire understanding between you and Bradsby Group regarding the use of the Site and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter.
Assignment. These Terms and all of your rights and obligations under the Terms are not assignable or transferable by you without our prior written consent. We may freely assign, transfer, or delegate these Terms or any of our rights and obligations under them.
No Waiver. Our failure or delay to exercise or enforce any right, remedy, or provision of these Terms or any other legal right will not operate as a waiver of such or any other right, remedy, or provision.
Investigations; Cooperation with Law Enforcement. Bradsby Group reserves the right to investigate and prosecute any suspected or actual violations of these Terms. Bradsby Group may disclose any information as necessary or appropriate to satisfy any law, regulation, legal process, or government request.
Electronic Contracting. We may communicate with you electronically regarding the Site, including by email, and we may collect information related to communications between you and Bradsby Group. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper.
Force Majeure. We will not be liable to you for failing to perform our obligations under or arising out of these Terms or any applicable laws or regulations because of any event beyond our reasonable control.
11. CONTACT INFORMATION
If you have any questions or concerns, you may contact us by emailing [email protected].