Brandsport Policies and Terms of Use
Brandsport Policies and Terms of Use
Brandsport Policies and Terms of UseThank you for supporting Brandsport.com! We are dedicated to providing the OEM and aftermarket automotive parts, accessories and other products you desire in an amicable, user-friendly environment. To satisfy the attorneys, lawyers and other litigious types and to protect you, our valued customer, we at Brandsport.com have provided the following information to clear up any confusions, misconceptions and questions you may have about our policies. The use of www.brandsport.com is governed by the policies, terms and conditions set forth below. Please read all sections carefully. By using this site, you agree to the Terms of Use. If you do not agree to these terms you may not use this website. Brandsport LLC reserves the right, at any time, to modify, alter or update these Terms of Use without notification and you agree to be bound by such modifications, alterations or updates. Disclaimer While Brandsport.com is devoted to providing our customers with original equipment (OE) and original equipment manufacturer (OEM) parts, accessories and other products, we are in no way affiliated with Acura, Audi, BMW, Buick, Cadillac, Chevrolet, Chrysler, Daewoo, Dodge, Ford, GMC, Honda, Hummer, Hyundai, Isuzu, Jeep, Kia, Lexus, Mazda, Mercury, Mitsubishi, Nissan, Oldsmobile, Pontiac, Saturn, Scion, Subaru, Toyota or Volkswagen or their parent companies and/or parent corporations. All information, pictures, diagrams, part numbers, etc., are purely informational and for reference purposes only. Please note Brandsport.com is not affiliated with the aftermarket companies for which parts, accessories and other products are for sale at www.brandsport.com. Any suggested, expressed or implied warranty, as well as any defects in parts, accessories or other products, other than damage from shipping, are the responsibility of the manufacturer and only the manufacturer. Any and all information, services, products and materials contained on www.brandsport.com, including text, graphics, illustrations, diagrams, photographs and links are provided on an as-is" basis with no warranty. Brandsport.com does not claim representations and warranties, suggested, implied or expressed, with respect to the information, services, products and materials, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus and/or implied warranties arising from course of dealing or course of performance. Also, Brandsport.com does not represent or warrant that the information accessible at www.brandsport.com is accurate, complete or current. Brandsport.com reserves the right to update any information, including prices and availability, at any time without notice of change. All warranty issues pertaining to parts, accessories and/or other products purchased from Brandsport.com must be dealt with by the manufacturer of purchased parts, accessories and other products. Copyright and Proprietary Rights All page headers, original images, original diagrams, original graphics, original illustrations and original text are copyrighted by Brandsport.com and protected by copyright, trade dress, service mark, trademark and/or other intellectual property rights and laws. The entire content of www.brandsport.com, including but not limited to all original text, photographs, diagrams, pictures, illustrations and page headers as well as Brandsport.com logos and other identifying marks are copyrighted as a collective work under United States copyright laws. Brandsport.com owns a copyright in the selection, coordination, arrangement and enhancement of the content. The content of www.brandsport.com, and the website as a whole, is intended strictly for personal, non-commercial use by the customers and visitors to www.brandsport.com. However, while the entire body and content of www.brandsport.com is copyrighted by Brandsport.com, you may download, print or store selected portions of the content provided you:
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Brandsport.com reserves complete title and full intellectual property rights to any content downloaded from www.brandsport.com and, except where noted above, copying, downloading, reproducing, modifying, publishing distributing, transmitting, transferring or creating derivative works from the content found on any page of www.brandsport.com is not allowed without first obtaining written permission from Brandsport.com. All copyright violations will be pursued and enforced. Errors, Inaccuracies and Corrections All content on www.brandsport.com is informational in nature only and may be subject to typographical errors, inaccuracies, omissions, or contain incomplete information or dated information that may effect product descriptions and/ or product pricing. Brandsport.com reserves the right to correct such typographical errors, inaccuracies, incomplete information, outdated information or omissions at any time without notice and regardless of orders that may have been placed prior to correction. We apologize for any inaccuracies and the inconvenience they may cause you. If you are dissatisfied with your purchase for any reason, please see our Hassle-Free return policy for details. Also note that while we welcome orders from all over the globe, all content is based on vehicles intended for the United States domestic market. We apologize for any inconvenience this may cause our international customers. Limited Liability Brandsport.com will not be responsible for the proper or improper installation and/or removal of any OE, OEM or aftermarket part or accessory on any vehicle for any reason. Brandsport.com will also not be liable for any direct or indirect, special, punitive, incidental, exemplary or consequential damages of any kind, including injury, death, dismemberment or psychological damages, whether based upon warranty, contract or negligence deriving from the connection with the sale, use or repair of the part(s), accessory(ies) or other products sold by or purchased from the website, www.brandsport.com. Brandsport.com will not be liable for use or misuse of the correct or incorrect information found on www.brandsport.com, including and not limited to technical support, customer service or any other services provided by Brandsport.com. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BRANDSPORT LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) UNITED STATES CURRENCY. While Brandsport.com sells as is OE and OEM parts and accessories as well as aftermarket parts and accessories, Brandsport.com does not warrant any products sold. Issues of warranty concerning any parts, accessories or other products sold by or purchased from www.brandsport.com or installation of said parts, accessories or products must be handled by the manufacturer of these parts, accessories or products. Brandsport.com will be more than happy to provide information to help you contact the original manufacturer to resolve an issue of warranty. Links and Affiliates www.brandsport.com may contain links to other websites and/or pages that are not owned or operated by Brandsport.com. Any outgoing links from www.brandsport.com are provided for the convenience, information and entertainment purposes only. Brandsport.com makes no warranty or representations whatsoever about any links you may have accessed through www.brandsport.com. Any outgoing or incoming link from any website is not an endorsement, sponsorship or approval from Brandsport.com for the linking website nor is Brandsport.com responsible for the content or use of those websites linking to or from www.brandsport.com. Privacy policies of other websites may differ from those of www.brandsport.com and it may be in your best interest to review those policies. Shipping Damages Brandsport LLC is not responsible for any damages which may occur during shipping. Upon receiving an order or package from Brandsport, the recipient of the package is responsible for checking the contents for damage and filing a claim with the appropriate carrier if shipping damage has occurred. If you are dissatisfied with your purchase for any reason, please see our Hassle-Free return policy for details. A Warning About Auto Repair, Accessory Installation and Product Use For even a seasoned veteran, auto repair and part and/or accessory installation involves risks that may cause injury or death. For the sake of your safety and well-being please do not attempt to repair any vehicle or install any part or accessory if you are not familiar with the procedures necessary to repair or install parts and accessories on your automobile, or if you do not have a safe working environment. Performance parts and accessories are designed to improve the performance of your automobile's engine or suspension. Please operate your vehicle safely and reasonably. Good performance parts and accessories are not a substitute for good judgement, common sense and safe driving. Brandsport.com will not be liable or responsible of for any injuries or deaths arising from the use of the performance parts and accessories we sell. All risks and responsibilities are assumed by the buyer. Even properly installed parts and accessories can fail. Brandsport.com assumes no liability or responsibility for any parts, accessories or other products purchased from www.brandsport.com installed or used, whether properly or improperly, regardless of correct or incorrect information provided by Brandsport.com and found on www.brandsport.com. Brandsport.com cannot be held responsible or liable for any injuries, deaths, damages or loss associated with the proper or improper installation of parts, accessories and other products due to correct or incorrect information found on www.brandsport.com. All risks and responsibilities are assumed by the buyer. Dispute Resolution If any controversy, dispute or claim arising out of or related to your use of www.brandsport.com arises the dispute will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. However, Brandsport LLC will have the right to petition a court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to any unauthorized use of www.brandsport.com trademarks, service marks, copyrights, patents, trade secrets or other intellectual property (collectively, the Intellectual Property") or any act or omission by you that may impair the goodwill associated with the Intellectual Property. All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings initiated by any plaintiff must and will be venued exclusively in Lane County, Oregon. This Terms of Use and relationship between any user of www.brandsport.com and Brandsport LLC will be governed by the laws of the state of Oregon as if the user signed this Terms of Use in Oregon. The provisions of the Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent. |