SpeedBrackets: No More Busted Brackets | Terms of Service

SpeedBrackets
Terms of Use

Last Revised: March 18, 2019

These Terms of Use (“Terms of Use”) govern your use of our website located at www.speedbrackets.com (the “Website”), our related mobile device application (the “App”), and any other related contests, games, promotions, content, features, materials, applications and/or services (collectively the “Services”) offered by SpeedBrackets, Inc. (“SpeedBrackets” or “we” or “us”). For purposes of these Terms of Use, “you” and “your” means you as the user of the Services.

Please review these Terms of Use carefully as they affect your legal rights and obligations. These Terms of Use describe your responsibilities, SpeedBrackets’ liability and the liability of third parties related to the Services. All users of SpeedBrackets’ Services must accept and comply with the terms and conditions set forth herein. Each contest and certain other portions of the Service may be subject to additional terms and conditions specified by us from time to time; your use of those specific Services are subject to those additional terms and conditions. If you have any questions regarding these Terms of Use, please contact us via email at support@SpeedBrackets.com

These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Services.

BY USING THE SERVICES OR DOWNLOADING OUR APP, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU MAY NOT USE ANY OF OUR SERVICES OR DOWNLOAD OUR APP.

I. ACCOUNT REGISTRATION

1. You do not need to create an account on the Services (a “User Account”) to visit the public pages of the Services, however, you do need a User Account to set up and participate in brackets. To register a User Account, you must be at a legal resident of the United States of America and at least 18 years of age (or the age of legal majority in your jurisdiction, if older). If you are a resident of Alabama or Nebraska, you must be least 19 years of age, and if you are a resident of Massachusetts, you must be 21 years of age. You may create a User Account by completing the registration process set forth on the Website and in the App. You can also register a User Account through your Facebook, Google+ and Twitter accounts. You are responsible for providing and maintaining current your contact information, which may include name, email address, postal address, state of residence, and phone number. By creating a User Account, you represent and warrant to us that all information you have provided is accurate.

2. You are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any login and password selected by you or SpeedBrackets for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. SpeedBrackets has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must cease all use of the Services and contact SpeedBrackets immediately by emailing support@SpeedBrackets.com

II. TERMS APPLICABLE TO THE SERVICES

1. License to Use Services.

Subject to your compliance with these Terms of Use, SpeedBrackets hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services (and to download a single copy of the App onto your own mobile device), solely on computers and devices that you own or control, and subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of SpeedBrackets and its affiliates and licensors and do not include any rights to intellectual property of other third parties. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.

Apple App Store. if you are using the App from the Apple App Store, To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms of Use are solely between you and SpeedBrackets, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, SpeedBrackets, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Google Play Store. If you acquire the App from Google, Inc. or one of its affiliates (“Google”) via Google Play or its successor(s), then to the extent of any conflict between the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and the other terms and conditions in these Agreements, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. You acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by SpeedBrackets or you (or any other user) under these Agreements or the Google Play Terms.

2. Use Restrictions.

(a) The Services and contests may not be used for any form of illegal or illicit gambling.

(b) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will provide us with whatever proof of identity we may reasonably request; (iii) you will only use the Services for lawful purposes; (iv) you will only use the Services for your own use and will not distribute or resell it to a third party; (v) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; (vi) you will not impair the proper operation of the network, including but not limited to by trespass or burdening network capacity; and (vii) you will not try to harm the Services in any way whatsoever.

(c) You agree that you will not use the Services: (i) for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (ii) to advertise, solicit or transmit commercial advertisements, including “spam”; (iii) to cause nuisance, annoyance or inconvenience; or (iv) to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

(d) You agree to protect the Services from any unauthorized access or use, and will not use the Services or any proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by SpeedBrackets.

(e) Except as specifically permitted herein or expressly authorized in writing by SpeedBrackets, you agree that you will not directly or indirectly: (i) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (ii) harvest or scrape any content or data from the Service; (iii) interact with the Services through any automated means (including but not limited to scripts, bots and third-party tools); or (iv) authorize any third party to engage in any of the acts described in this clause.

(f) You further agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (y) use any means to discover the source code of any portion of the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services.

3. User Content License Grant.

As a condition of your use of the Services, you hereby grant to SpeedBrackets a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”). By posting or submitting Your Content through the Services, including any publicly accessible blog, comments or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION FOR ANY REASON, INCLUDING IF WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING.

4. Third Party Services and Materials.

(a) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. Third Party Materials and links to other web sites are provided solely as a convenience to you. You acknowledge and agree that SpeedBrackets is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SpeedBrackets does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.

(b) In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. SpeedBrackets makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

IV. PRIVACY.

Our privacy practices in operating the Services are described in our Privacy Policy located at www.speedbrackets.com/privacy (“Privacy Policy”).

Please review the Privacy Policy to learn about:

  • How we may collect information from or about you
  • What information we may collect about you
  • What we use that information for
  • What information we may share with third parties and with whom we may share that information

V. GENERAL CONTEST RULES.

Contests are available for entry through the Services. “Public Contests” are contests that are open to anyone that meets the eligibility requirements for the particular contest. We may also offer the ability to set up “Private Contests” are contests not listed in the “Public Contest Listing” and which are available only by invitation. Contests are free to enter. The following contest rules, together with the specific rules and instructions that apply to particular contests, are collectively referred to as the “Official Rules.”

1. Eligibility.

(a) You must have a User Account to participate in any contests. Some of our contests may be restricted to persons who are 21 years of age or older.

(b) Employees of SpeedBrackets (“Employees”) and their Family Members are not eligible to participate in any Public Contests. “Family Members” includes the spouse, domestic partner, parents, grandparents, in-laws, children, siblings, and any other person who lives in the same residence. Employees and their Family Members may participate in Private Contests hosted by another Employee or Family Member of the person desiring to participate. Employees and related Family Members living in the same household as any Employees located in Colorado are not eligible to participate in any contests offering a prize.

(c) Amateur or professional athletes, coaches, team owners, team employees, referees or league officials, and their Family Members are not eligible to participate in any contests in the sport with which they are associated.

2. Prizes.

Prizes, if any, will be described in the specific rules each contest. No substitution or transfer of prize is permitted, except that SpeedBrackets reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All prizes are awarded "as is" and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). All taxes associated with the receipt of any prize are the sole responsibility of the winner.

3. Selection of Winner(s).

Winners are determined by the objective criteria described in the specific rules provided in connection with the contest. Entrants compete based on their analytical skills and knowledge of the particular sport. Winners will be determined at the time provided in the specific rules for each contest. Prizes will only be awarded if a contest is run to completion. We reserve the right to cancel contests at any time. In the event of a cancellation, no prizes will be awarded except as specifically provided in these Official Rules.

4. In-Game Options.

Contests may offer options that affect play. For example, a contest may offer you the chance to change your picks prior to the conclusion of a game. These options, their availability and the manner in which the options affect play or your point totals will be disclosed in the specific rules and instructions that apply to particular contests.

5. Conditions of Participation.

By entering a contest, you agree to be bound by the Official Rules and the decisions of SpeedBrackets, which shall be final and binding in all respects. We may, in our sole discretion, disqualify you from participating in any contest, refuse to award prizes and require you to return prizes, if you violate the Terms of Use or the Official Rules or engage in any conduct we deem to be unfair, improper, tampering with the administration of a contest or otherwise adverse to the operation of the contest. All entries become the property of SpeedBrackets and will not be acknowledged or returned.

6. Entertainment Purposes Only.

Contests and games are for entertainment purposes only and may not be used for any form of gambling or wagering.

7. Administration.

(a) We are not responsible for: any incorrect, invalid or inaccurate information supplied by you; technical malfunctions; human errors; failures, interruptions, deletions or defects of any communications network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrant's or any other person's computer or communications equipment relating to or resulting from participation in a contest; inability to access the Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or data of any kind; typographical, printing or other errors; or any combination of any of the foregoing.

(b) If for any reason a contest is not capable of running as originally planned, or if a contest, computer program or application, or website (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest in accordance with the Terms of Use or the Official Rules, or if any virus, bug, tampering, unauthorized intervention, fraud, technical failures, or any other causes of any kind, in the sole opinion of SpeedBrackets corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest, we reserve the right, in our sole discretion, to disqualify any individual responsible for such action and/or to cancel, terminate, extend, modify or suspend the contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Website.

8. Disputes.

Entries are deemed to be made by the Authorized Account Holder of the email address used in connection with entering the contest. The "Authorized Account Holder" is the natural person who is assigned to an e-mail account by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the e-mail address. In the event of a dispute as to the identity or eligibility of an Authorized Account Holder, we may, our sole discretion, require you to provide proof that you are the Authorized Account Holder and may utilize any information collected by us to assist in verifying the identity and/or eligibility of the Authorized Account Holder.

9. Publicity.

By entering a contest, you consent to the use of your name, identification of your hometown and state, voice and likeness/photograph in connection with the production, distribution, operation and marketing of any contest and/or the Services, without any right to review or approve any materials created or used, and without further consideration, except where prohibited by law. Winners of prizes may be required to attend press conferences, media events, and other promotional activites, at Sponsor’s expense, except where prohibited by law.

10. Indemnity.

By entering into a contest, you agree to indemnify, release and to hold harmless SpeedBrackets, its affiliates and agents, as well as their officers, directors, employees, shareholders and representatives (collectively, the "Released Parties"), from all liability, claims or actions of any kind whatsoever, including but not limited to injuries, loss of life, damages, fines, penalties or losses to persons and property which may be sustained in connection with participation in the contest or the receipt, use or misuse of any prize, as well as any claims based on defamation, invasion of privacy or publicity rights. We may at any time require you to execute a separate release of claims as a condition of being awarded a prize.

VI. Disclaimer of Warranties & Limitation of Liability.

1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND SPEEDBRACKETS HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. SPEEDBRACKETS DOES NOT WARRANT THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (III) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (IV) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY SPEEDBRACKETS OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SPEEDBRACKETS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

2. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL SPEEDBRACKETS BE LIABLE (I) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF SPEEDBRACKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (II) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. SPEEDBRACKETS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

3. You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that SpeedBrackets would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce SpeedBrackets to grant you the rights set forth in these Terms of Use.

4. By entering into these Terms of Use and using the Services, you agree that you shall defend, indemnify and hold SpeedBrackets, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; or (d) your negligence or willful misconduct.

VII. Ownership.

1. The Services and their content, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that SpeedBrackets and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of SpeedBrackets’ (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of SpeedBrackets (or its licensors), and accordingly you agree to (i) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of SpeedBrackets, and (ii) only use such information for the purposes of using the Services provided by SpeedBrackets hereunder.

2. Any and all (i) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to SpeedBrackets by you (collectively “Feedback”), and all (ii) improvements, updates, modifications or enhancements, whether made, created or developed by SpeedBrackets or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of SpeedBrackets. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of SpeedBrackets and SpeedBrackets may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to SpeedBrackets any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At SpeedBrackets’ request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

VIII. ARBITRATION AND CLASS ACTION WAIVER

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

1. Informal Process First. You agree that in the event of any dispute between you and SpeedBrackets, you will first contact SpeedBrackets and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

2. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of SpeedBrackets’ services and/or products, including the Services, or relating in any way to the communications between you and SpeedBrackets or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and SpeedBrackets. However, this arbitration agreement does not (a) govern any Claim by SpeedBrackets for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.

Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and SpeedBrackets are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to SpeedBrackets, Inc., Attn: Legal, P.O. Box 144, Lee, FL 32059. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. Nevada law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

If you do not want to arbitrate disputes with SpeedBrackets and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@speedbrackets.com within thirty (30) days of the first of the date you access or use the Service.

Class Action Waiver

Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and SpeedBrackets each waive any right to a jury trial.

VIII. GENERAL PROVISIONS

1. Modifications. We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.

2. Termination. If you breach any of the terms of these Terms of Use, all licenses granted by SpeedBrackets, including permission to use the Services, will terminate automatically. Additionally, SpeedBrackets may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If SpeedBrackets deletes your User Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, SpeedBrackets may, but is not obligated to, delete any of Your Content. SpeedBrackets shall not be responsible for the deletion of (or failure to delete) Your Content. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by SpeedBrackets or you. Termination will not limit any of SpeedBrackets’ other rights or remedies at law or in equity.

3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by SpeedBrackets hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

4. U.S. Government Restricted Rights. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

5. Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to SpeedBrackets for which monetary damages would not be an adequate remedy and SpeedBrackets shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

6. Miscellaneous. These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by SpeedBrackets but may not be assigned by you without the prior express written consent of SpeedBrackets. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and SpeedBrackets agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. The AAA Rules and the laws of Nevada, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.

Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

7. Contact Us. You may contact us regarding the Services or these Terms of Use by email to support@speedbrackets.com, or by mail at:

SpeedBrackets, Inc.
Attention: Support Officer
872 West Heritage Park Blvd
Suite 200
Layton, UT 84041
support@speedbrackets.com