Please make sure you read through the following terms and agree with them before you get started.
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which the Website links, and that link to the Website. ER does not have any control over those websites and web pages, and is not responsible for their contents or their use. By linking to a third party website or web page, ER does not represent or imply that it endorses such website or web page. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ER disclaims any responsibility for any harm resulting from your use of the Website and third party websites and web pages
As ER asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Website violates your copyright, you are encouraged to notify ER. ER will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
ER, englishretreads.com, ER logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of ER or ER’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ER or third party trademarks.
Limitation of warranties of ER, its suppliers and its licensors.
Except as otherwise expressly stated, all content posted to or available from the Website and/or as part of the Products is provided "as is", and ER, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you obtain content or products through the Website at your own discretion and risk, and that ER, its suppliers and its licensors will have no liability or responsibility for any damage and/or injury to you and/or to your computer system that results from the use of the Products and/or the Website. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
Limitation of liability of ER, its suppliers and its licensors.
Except as otherwise expressly stated, in no event will ER, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website and/or the Products including without limitation any lost profits, business interruption, or otherwise, even if ER, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against ER, its suppliers and its licensors arising out of or related to use of the Website and/or the Products exceed the amounts actually paid by you to ER during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section represents a reasonable allocation of risk.
General Representation and Warranty.
You agree to defend, indemnify and hold harmless ER, its contractors, and its licensors, and their respective directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and/or the Products, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between ER and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ER, or by the posting by ER of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Boulder County, Colorado. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; ER may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
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