Terms and conditions of use
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in this Site, you agree to these Terms and Conditions. If you do not agree, do not access, browse or use this Site.
RESTRICTIONS ON USE
The materials published in this site, http://www.berrizmotorsport.com/ and any other World Wide Web site owned, operated, licensed, or controlled by Berriz Motor Sport ("Berriz Motor Sport") or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of Berriz Motor Sport or any of its relevant related, affiliated or subsidiary company or companies, as the case may be, EXCEPT: you may download one copy of the Materials on one computer for use on that computer only, provided you do not delete or change any copyright, trademark or other proprietary notices, and provided you do not further copy or post the Materials on any network computer or distribute the Materials in any media. You may only use the Materials posted on this Site for lawful purposes.
Any licenses for Berriz Motor Sport electronic products sold through this Site are subject to the terms and conditions of the Berriz Motor Sport Online End User License Agreement. Any other software downloaded from this Site, including, without limitation, all files, images and/or applets contained in or generated by software, and accompanying data (together, the "Software") is licensed to you by Berriz Motor Sport for use on the computer described in the preceding paragraph only. Neither title nor intellectual property rights, except for the limited license rights granted in this Section, are transferred to you. You may not decompile, reverse engineer, disassemble, copy, adapt, translate or modify the Software. You also may not resell, lease, sublicense or otherwise transfer the Software to any third party. We reserve the right to terminate this limited license at any time.
USER IDS AND PASSWORDS
You will be solely responsible for the maintenance and security of your login identifier and password, if any. Your login identifier and password are unique to you, and you agree not to disclose or share your login identifier and password with any third party. Berriz Motor Sport reserves the right to deny or revoke access to this Site, or any part thereof, at any time in our sole discretion, with or without cause. Your access to this Site will terminate upon the termination of this Agreement for any reason.
THE MATERIAL IN THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Berriz Motor Sport MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. Berriz Motor Sport DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Berriz Motor Sport DOES NOT WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Berriz Motor Sport DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT Berriz Motor Sport) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
DISCLAIMER OF LIABILITY
Berriz Motor Sport WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. Berriz Motor Sport WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY Berriz Motor Sport OR BY AN AUTHORIZED Berriz Motor Sport REPRESENTATIVE, OR AN AUTHORIZED Berriz Motor Sport REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. Berriz Motor Sport'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO Berriz Motor Sport, IF ANY, TO ACCESS THIS SITE.
PRODUCTS AND PRICING
All Berriz Motor Sport products and accessories sold through this Site are subject to Berriz Motor Sport's standard Terms and Conditions of Sale unless otherwise specified. Product prices, configurations, and availability are subject to change at any time by Berriz Motor Sport, including changes to pricing and Terms and Conditions of Sale. Berriz Motor Sport shall have the right to refuse or cancel any order or delivery of any item for any reason including in the event of a pricing error. Currently, the products displayed are available for delivery to addresses world wide. All prices displayed on this Site are quoted in Euros.
All Berriz Motor Sport trademarks, service marks, domain names, logos, and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Berriz Motor Sport Incorporated or its affiliates or licensors. In countries where any of the Berriz Motor Sport trademarks, service marks, domain names, logos and company names are not registered, Berriz Motor Sport claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be and remain trademarks/property of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of Berriz Motor Sport or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name. You may contact Berriz Motor Sport by sending an e-mail to firstname.lastname@example.org, or using the contact form of this Site.
At certain places on this Site, live "links" to other Internet addresses can be accessed. Such external Internet addresses contain information created, published, maintained, or otherwise posted by organizations independent of Berriz Motor Sport. Berriz Motor Sport does not endorse, approve, certify, maintain, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Berriz Motor Sport provides the links only as a convenience. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Neither the inclusion of the link in this Site nor reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement, recommendation, or favoring by Berriz Motor Sport.
There may be circumstances where access to this Site is provided by a hypertext link located at another site. Berriz Motor Sport has no responsibility for the content of such other sites, Berriz Motor Sport does not make any representations or give any warranties or conditions with respect to any information contained in or at these other sites and Berriz Motor Sport shall not be liable for any damages or injury arising from the content of or access to these other sites. Berriz Motor Sport does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Site. Unless approved in writing in advance by Berriz Motor Sport, you agree not to: (a) provide or create a link to this Site; or (b) create any frames at any other sites pertaining to any of the Materials located at this Site. You also agree not to post any materials at this Site without the express written permission of Berriz Motor Sport.
Berriz Motor Sport or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all Materials obtained from the Site, and (b) all related documentation and all copies and installations. Upon termination, you must destroy all Materials including, without limitation, permanently deleting all Materials from any computer and/or media and, upon Berriz Motor Sport's request, certify in writing that all Materials have been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation of property rights and other terms and conditions of this Agreement which by their nature are intended to survive will survive the termination or expiration of this Agreement for any reason.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, all Materials on this Site are made available only to provide information about Berriz Motor Sport and the products that it sells or markets. Berriz Motor Sport controls and operates this Site from Europe and makes no representation that these Materials are appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some software, products, gear, and other materials and information from this Site may be subject to export/import controls and may not be downloaded.
No delay or omission by Berriz Motor Sport to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by Berriz Motor Sport of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
MODIFICATIONS TO TERMS AND CONDITIONS
Berriz Motor Sport can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.