Terms of Use
This website is provided by Battery Reconditioning Kit (BRK). By accessing the BRK website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use. These Terms of Use are subject to change by BRK at any time in its discretion. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.
Restrictions on Use
All material included on this Site, and any other Site owned, operated, licensed or controlled by BRK, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of BRK, its subsidiaries, affiliated companies and/or third-party licensors and is protected by United States and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates BRK’s intellectual property rights. The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of BRK, except that:
- You may view and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or distribution of any kind.
- You may download only those documents that are specified for download.
- You may link to this Site provided that the link does not falsely imply or suggest that BRK has endorsed or is affiliated with the linked Site.
Users of the Site must not:
- Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
- Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
- Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
- Attempt to circumvent the security systems of the Site.
- Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any BRK server.
- Attempt to use the Site for any purposes other than those intended by BRK, as determined by BRK in its sole discretion.
- Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
- Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if BRK becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, BRK reserves the right to revoke your right to these permitted uses.
Proprietary Information Consent
If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are a member or you are not a member of BRK and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your membership relationship or potential membership relationship with BRK, send a request with your proposed use to us so that we may evaluate your proposed use of BRK’s Site Content.
If we approve your request (which must be in writing) to use BRK’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within BRK’s Site for the sole purposes specified in your Request form. You agree to all terms below:
- Not to modify the documents, publications or graphics
- Not to quote materials out of context
- To retain and display the copyright notice of BRK on such Content
BRK shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the BRK Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of BRK’s Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within BRK’s Site which you propose to use, subject to BRK’s written consent.
Disclaimer
BRK cannot guarantee that the Site or its content is error free and BRK makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.
THIS SITE IS PROVIDED BY BRK ON AN “AS IS” AND “AS AVAILABLE” BASIS. BRK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. BRK DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BRK MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT BRK, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BRK MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
Neither BRK, any of its affiliates, directors, officers, staff, and volunteers, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall BRK be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if BRK has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that BRK would not grant access to the Site without your agreement to this term.
Intellectual Property
You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of BRK. Nothing posted on this Site grants a license to any BRK trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise.
Third Party Trademarks
Trademarks displayed on this Site not owned by BRK are the property of their respective owners, who may or may not be affiliated with BRK. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.
Linked Sites
This Site may link to or be linked from other websites that are not maintained by, or related to, BRK. BRK does not endorse, and is not responsible for, the content of any of those third-party websites.
Local, State, and International Use
BRK makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, or outside of New York. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this Site outside the United States do so on their own initiative and are responsible for compliance with local laws.
Governing Law
You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the state of New York. Any dispute relating to this Agreement shall be resolved solely in the state or federal courts located in New York County, New York.
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