WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND JOHNMARTINSBR.COM, SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. JOHNMARTINSBR.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
IN NO EVENT WILL JOHNMARTINSBR.COM BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF JOHNMARTINSBR.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, JOHNMARTINSBR.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
JOHNMARTINSBR.COM makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-JOHNMARTINSBR.COM web site, please understand that it is independent from JOHNMARTINSBR.COM, and that JOHNMARTINSBR.COM has no control over the content on that web site. In addition, a link to a JOHNMARTINSBR.COM web site does not mean that JOHNMARTINSBR.COM endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless JOHNMARTINSBR.COM, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
THIRD PARTY RIGHTS
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of JOHNMARTINSBR.COM and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. All provisions of paragraphs (COPYRIGHTS AND LICENSES, TRADEMARKS, NO WARRANTIES, CUSTOMER REMEDY, USE OF THE SITE, LIMITATION OF LIABILITY, INDEMNIFICATION, and THIRD PARTY RIGHTS) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of United States applicable to agreements made and to be performed in United States. You agree that any legal action or proceeding between JOHNMARTINSBR.COM and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in United States. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
JOHNMARTINSBR.COM’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. JOHNMARTINSBR.COM may assign its rights and duties under this Agreement to any party at any time without notice to you.
2. You agree to use Our Site in a manner consistent with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an “as is, as available” basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING OUR SITE.
7. You are authorized to download one copy of the material on our Site on one computer for your personal, non-commercial use only but you may not in so doing remove or amend any trademark, copyright or other proprietary notice.
8. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on our Site without our prior consent in writing. No intellectual property or other rights shall be transferred to you.
9. To the extent that portions of our Site (such as “chat rooms” or “bulletin boards”) provide users an opportunity to post and exchange information, ideas and opinions (“Postings”), BE ADVISED THAT WE DO NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on our Site.
10. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
12. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any proprietary or other rights of third parties.
13. Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of the same.
16. This Agreement is governed by the laws of the State of Tennessee, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened to violate JohnMartinSBR.com and/or its affiliates’ intellectual property rights, JohnMartinSBR.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Tennessee, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Chattanooga. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Chattanooga, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
JOHNMARTINSBR.COM has incurred significant expenses from both internal and third-party sources to develop products and deliver services. Because of these issues- and unless otherwise stated – JOHNMARTINSBR.COM does not provide refunds for products purchased. If there are any other issues with your purchase or you are having trouble accessing the information you have purchased, feel free to call our customer service department for prompt assistance.
Please note that trying to deny a valid charge through your bank or credit card company is fraudulent and is illegal. Our fraud department will prosecute to the fullest extent of the LAW.