1. Basic Terms
You are responsible for your use of the Site, for any Content you post to the Site and for any consequences thereof. You may use the Site only if you can form a binding contract with Brian Carden and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may only use the Site under the direct consent and supervision of your parent or legal guardian. Anyone under 13 years of age may not use or access the Site for any reason.
This Site is controlled, operated and administered by Brian Carden, from facilities within the United States of America. We make no representation that materials on this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
If you are accepting these Terms and using the Site on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Site only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Site is always evolving and the form and nature of the Site may change from time to time without prior notice to you. In addition, Brian Carden may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally.
You are responsible for safeguarding any password or credentials that you might use to access the Site and for any activities or actions under your account. If at any time you are required to use passwords, we encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your Brian Carden account. Brian Carden cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
4. Use of Site Content
The contents of this Site, such as text, graphics, marks, images, code and other material (the ‘Site Content”) are and will remain the exclusive property of Brian Carden and are protected by copyright, trademark and other laws of both the United States and foreign countries. We authorizes you to view and download a single copy of the Site Content for your personal use. Unauthorized use of the Site Content violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Content on any copy you make of such material. You may not distribute, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including test, images, code, audio and video without our express, prior written permission. Your use of the Site Content, except as allowed for in the Terms and Conditions, is prohibited. Brian Carden enforces its intellectual property rights to the fullest extent of the law. Please keep this in mind while using the Site.
5. User Submissions
6. Ending These Terms
The Terms will continue to apply until terminated by either you or Brian Carden as follows.
You may end this legal agreement with Brian Carden at any time for any reason by discontinuing your use of the Site or deactivating your accounts, if applicable. In order to deactivate your account, please contact us firstname.lastname@example.org.
We may suspend or terminate your accounts or cease providing you with all or part of the Site at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Site to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Site the next time you attempt to access your account.
7. Disclaimers, Limitations Of Liability and Indemnity
Please read this section carefully since it limits the liability of Brian Carden and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Brian Carden Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Site is Available “AS-IS”
Your access to and use of the Site or any Content is at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, BRIAN CARDEN ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Brian Carden Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Site or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site; (iv) whether the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Brian Carden Entities or through the Site, will create any warranty not expressly made herein.
Actual product colors may vary from colors shown on your monitor or viewing device. Actual colors can be verified by ordering a sample from our Site. If you have any questions, please submit your inquiry by submitting our Contact form or call Brian Carden at (615) 906-6932.
The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Brian Carden Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Brian Carden ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE Brian Carden ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID Brian Carden, IF ANY, IN THE PAST SIX MONTHS FOR THE SITE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE Brian Carden ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the Brian Carden Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ and accounting fees and costs, related to all third party claims, charges and investigations related to (1) the failure of you or your employees or agents to comply with the Terms and (2) any activity in which you or your employees or agents engage on or through the Site.
8. GENERAL TERMS. Waiver and Severability
The failure of Brian Carden to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
A. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Tennessee without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the federal or state courts located in Davidson County, Tennessee, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
B. Entire Agreement
We may revise these Terms from time to time, the most current version will always be at Brian Carden.com. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Site. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.