Last modified: February 1, 2024
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS.
Christian Brothers Automotive Corporation, a Texas Corporation, its affiliates, and its franchisees (“Christian Brothers,” “we,” “us,” or “our”) are pleased to provide you (also referred to herein as “I”) access to the website (cbac.com), certain applications, software, software enabled services, interfaces, tools, and payment platforms accessible from or through the website, and all services performed or provided through or in connection with the website (collectively, the “Christian Brothers Electronic Services”), whether or not provided on or through the Christian Brothers website, subject to your agreement to comply with these terms and conditions (the “Agreement”).
BY ACCESSING OR USING THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT AS UPDATED FROM TIME TO TIME. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT OR ARE UNWILLING TO ABIDE BY ANY TERM OR CONDITION, DO NOT ACCESS OR USE THE CHRISTIAN BROTHERS ELECTRONIC SERVICES. ACCORDINGLY, YOUR ACCEPTANCE OF THIS AGREEMENT OR USE OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS AND GIVES RISE TO A BINDING LEGAL AGREEMENT BETWEEN CHRISTIAN BROTHERS AND YOU GOVERNING YOUR USE OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES. BY ACCESSING OR USING THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, YOU HEREBY AGREE AND REPRESENT AS FOLLOWS:
- 1. I Understand that Christian Brothers May Change this Agreement.
- Christian Brothers reserves the right, at our sole discretion, to change, modify, update, add, or delete portions of this Agreement at any time and without any further notice to you. You, however, may not amend this Agreement unless the amendment is in writing and signed by both you and Christian Brothers.
- It is your responsibility to regularly check for changes to this Agreement and to review such changes at www.cbac.com/terms-of-use. All changes to this Agreement are effective immediately when we post them and apply to all access to and use of the Christian Brothers Electronic Services thereafter. Any changes to the dispute resolution provisions, however, will not apply to any dispute for which the parties have notice before the date the new version of this Agreement is posted.
- Your continued access or use of the Christian Brothers Electronic Services after any such changes constitutes your acceptance of the new Agreement. Your written approval is not a prerequisite to the validity or enforceability of this Agreement, and no solicitation of such written approval by or on behalf of Christian Brothers shall be construed as an inference to the contrary.
2. I Understand that this Agreement is Effective Until Terminated.
This Agreement is effective until terminated. We reserve the right, in our sole discretion, to refuse, delete, suspend, or terminate your access to or use of the Christian Brothers Electronic Services at any time, with or without notice, including because of your violation of this Agreement. Your rights under this Agreement will terminate automatically without notice from Christian Brothers if you fail to comply with any of the terms or conditions of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company’s service could reasonably be expected to adversely affect the Christian Brothers Electronic Services.
You may terminate this Agreement by ceasing to use the Christian Brothers Electronic Services, including your user account.
Upon the termination of this Agreement, you shall cease all use of the Christian Brothers Electronic Services. In the event that your rights to use the Christian Brothers Electronic Services are terminated, you may immediately lose access to any information that may be on our systems, including any user account. Provisions of this Agreement, however, that require or contemplate performance after the termination of this Agreement shall survive and be enforceable after the termination of this Agreement.
Your termination of the Christian Brothers Electronic Services does not impact your ability to access automotive services at one of our franchisee locations under the standard terms and conditions of that franchisee location.
3. I Understand that Christian Brothers May Change the Christian Brothers Electronic Services.
Christian Brothers reserves the right, in its sole discretion, without notice to you, at any time and from time to time, temporarily or permanently, in whole or in part, to: (a) modify, suspend, terminate, withdraw, or discontinue all or any part of the Christian Brothers Electronic Services without compensation to you, including, but not limited to (i) restricting the time all or any part of the Christian Brothers Electronic Services is available, (ii) restricting the amount of permitted use of all or any part of the Christian Brothers Electronic Services, and (iii) restricting or terminating any user’s right to use all or any part of the Christian Brothers Electronic Services, with or without notice; (b) charge fees in connection with the use of all or any part of the Christian Brothers Electronic Services; (c) modify or waive any fees charged in connection with all or any part of the Christian Brothers Electronic Services; or (d) offer opportunities to some or all users of all or any part of the Christian Brothers Electronic Services. Any new features or updated content or applications that we make available as a part of the Christian Brothers Electronic Services will be subject to this Agreement. You agree that Christian Brothers will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any part of the Christian Brothers Electronic Services, in whole or in part, or of any service, content, or feature offered through the Christian Brothers Electronic Services.
I Understand that the Christian Brothers Content Belongs to Christian Brothers and I have only a Limited Right to Use the Christian Brothers Content.
The Christian Brothers Electronic Services and (i) (a) their design, features, and functionality, (b) any software, code, files, content, information, reports, graphics, button icons, images, videos, audio, contained in or generated by the Christian Brothers Electronic Services and the design, selection, and arrangement thereof, (c) any accompanying data, and (d) embedded software, including third party software; (ii) documentation and accompanying fonts ((i) and (ii) collectively, the “Christian Brothers Content”); and (iii) any related intellectual property rights, including patents, copyrights, the Christian Brothers Marks (as defined below), trade secrets, know how, confidential information, manuals, processes, procedures, interfaces, features, and other similar rights or protectable attributes (collectively, “Christian Brothers Intellectual Property”), and any improvements to the foregoing, are owned by Christian Brothers or its licensors and are protected by United States laws and conventions, including those governing copyrights, trademarks, patents, and/or trade-secrets. This Agreement does not transfer any title or rights to the Christian Brothers Electronic Services, Christian Brothers Content, or Christian Brothers Intellectual Property to you. Except for the limited licenses granted to you by this Agreement, all title and rights to the Christian Brothers Electronic Services, the Christian Brothers Content, and the Christian Brothers Intellectual Property remain with Christian Brothers. Christian Brothers reserves all rights not expressly granted to you, and except as provided in this Agreement, the rights granted by this Agreement are non-transferable and do not include any intellectual property rights. You understand and acknowledge that Christian Brothers owns the Christian Brothers Electronic Services, the Christian Brothers Content, and the Christian Brothers Intellectual Property.
In addition, Christian Brothers, Christian Brothers Automotive, the Christian Brothers logo, the CB logo, Nice Difference. slogan, Fixing Cars, Driving Joy slogan, and certain other names, brands, logos, slogans, trademarks, and service marks (collectively, “Christian Brothers Marks”) are marks of Christian Brothers or its affiliates or licensors. Not all marks of Christian Brothers will appear on the Christian Brothers Electronic Services. Marks of third parties may appear on the Christian Brothers Electronic Services when referring to those entities or their products or services. Third party marks displayed on the Christian Brothers Electronic Services are owned by their respective owners.
4. The Christian Brothers Electronic Services and Christian Brothers Content also are protected by copyright. Neither the Christian Brothers Electronic Services nor any Christian Brothers Content may be copied, reproduced, republished, uploaded, broadcast, posted, transmitted, shared, used to create derivative works, or distributed except as expressly permitted by this Agreement. Use of Christian Brothers Electronic Services or Christian Brothers Content in any other way or for any purpose other than as permitted in this Agreement is a violation of Christian Brothers’s copyrights and other proprietary rights. Permission for all other uses of the Christian Brothers Electronic Services or Christian Brothers Content must be obtained from Christian Brothers in advance and in writing. All content, interfaces, graphics, code, design rights, and other intellectual property rights, in each case, whether registered or unregistered, other than the marks of third parties, and related goodwill are the property of Christian Brothers. Further, you acknowledge and agree that the existence of a copyright notice on copies of the Christian Brothers Electronic Services or the Christian Brothers Content is not an admission or presumption that the publication of the Christian Brothers Electronic Services or Christian Brothers Content has occurred or is intended.
I understand, acknowledge, and agree that Christian Brothers owns all right, title, and interest in and to any improvements to the Christian Brothers Electronic Services, Christian Brothers Content, or Christian Brothers Intellectual Property, regardless of whether such improvements resulted from a comment, suggestion, or recommendation that I made to Christian Brothers.
I UNDERSTAND THAT I HAVE NO RIGHTS TO THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, CHRISTIAN BROTHERS CONTENT, CHRISTIAN BROTHERS MARKS, OR ANY OTHER CHRISTIAN BROTHERS PROPERTY EXCEPT AS PROVIDED IN THIS AGREEMENT.
CHRISTIAN BROTHERS TAKES THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, VERY SERIOUSLY. CHRISTIAN BROTHERS WILL TERMINATE YOUR ACCESS TO, OR USE OF, ALL OR ANY PART OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, WITHOUT NOTICE TO YOU, IF YOU INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS, INCLUDING COPYRIGHTS, OF CHRISTIAN BROTHERS OR OTHERS.
5. I Understand that I have Only a Limited Right to Use the Christian Brothers Electronic Services.
Solely to enable your use of the Christian Brothers Electronic Services, to communicate with us, or to make a payment, and subject to your compliance with all terms and conditions set forth in this Agreement, Christian Brothers hereby grants you a non-exclusive, non-sub-licensable, non-transferrable, limited license (i) to access and use the Christian Brothers Electronic Services (as changed, modified, or upgraded by Christian Brothers from time to time in its sole discretion) in accordance with the terms and conditions of this Agreement and (ii) to view and display Christian Brothers Content (other than Christian Brothers software source code) in connection with your use of the Christian Brothers Electronic Services. Except as provided in this Agreement, when you use or access the Christian Brothers Electronic Services, you are not receiving any other rights from us, including intellectual property or other proprietary rights of Christian Brothers. In addition, this Agreement does not entitle you to receive, and does not obligate Christian Brothers to provide technical support, telephone assistance, or enhancements or updates to the Christian Brothers Electronic Services.
In accordance with this license, I understand, acknowledge, and agree that I am allowed to:
1. use the Christian Brothers Electronic Services only for legitimate purposes as a customer or guest;
2. use the Christian Brothers Electronic Services on computer user devices and mobile user devices, but only as necessary for legitimate access to and use of the Christian Brothers Electronic Services;
2. temporarily store copies of the Christian Brothers Electronic Services and Christian Brothers Content in RAM incidental to my accessing and viewing those materials;
3. store files that are automatically cached by my web browser for display enhancement purposes; or
4. take actions enabled by third party features, such as social media features, if the Christian Brothers Electronic Services enables those features.
I understand, acknowledge, and agree that unless expressly permitted by this Agreement, I am not allowed to:
1. upload the Christian Brothers Electronic Services or Christian Brothers Content to the internet or otherwise make the Christian Brothers Electronic Services or Christian Brothers Content available on the internet for other persons or entities to copy, download, or use;
2. make the Christian Brothers Electronic Services or Christian Brothers Content available over a network where it could be used on multiple devices or by multiple users at the same time;
3. use any Christian Brothers Intellectual Property in the design, development, manufacture, licensing, or distribution of any devices, accessories, software, or services for use with the Christian Brothers Electronic Services;
4. resell, transfer, modify, copy, duplicate, create, or re-create the Christian Brothers Electronic Services, programs, offerings, services, or other aspects of the Christian Brothers Electronic Services, or the Christian Brothers Content;
5. amend, alter, change, or modify the Christian Brothers Electronic Services or the Christian Brothers Content;
6. remove, mutilate, modify, or otherwise change or delete any trademark, logo, copyright notice, or other proprietary notice contained within the Christian Brothers Electronic Services or the Christian Brothers Content;
7. disassemble, decompile, reverse engineer, or otherwise attempt to discover the source code of the Christian Brothers Electronic Services;
8. use any illustrations, photos, video or audio sequences, or any graphics separately from the accompanying text;
9. hack the Christian Brothers Electronic Services, spoof the Christian Brothers Electronic Services, overburden the Christian Brothers Electronic Services, or modify any other software or website to imply falsely that the other software or website is associated with Christian Brothers or the Christian Brothers Electronic Services; or
10. access the Christian Brothers Electronic Services through an automated means (i.e., through bots, robots, spiders, scrapers, etc.).
6. I Understand that Use of the Christian Brothers Electronic Services is Subject to Rules of Conduct
In order to access and use the Christian Brothers Electronic Services, you may be required to register by providing Christian Brothers with personal information, including but not limited to, your name, user name, phone number, email address, zip code and password (collectively, “Account Information”). My use of the Christian Brothers Electronic Services constitutes my consent to allow Christian Brothers to record and use my Account Information and other information that may be gathered about me or devices I use to access the Christian Brothers Electronic Services. Any information that Christian Brothers may collect about me or any device I use to access the Christian Brothers Electronic Services, including the Account Information, is subject to our Privacy Notice, which is a part of this Agreement. We encourage you to read and understand our Privacy Notice, which can be accessed at www.cbac.com/privacy-policy[JT1].
Christian Brothers reserves the right to refuse registration or cancel a username or an account, in its sole discretion. In creating a user account, I understand, acknowledge, and agree that:
1. I will create only one user account for myself;
2. I will provide accurate, truthful, current, and complete information when creating my account;
3. I will not create an account for anyone other than myself without permission;
4. I will maintain and promptly update my Account Information when any of my Account Information changes;
5. I will maintain the security and confidentiality of my account by not sharing my Account Information with any other person nor let anyone else access my account;
6. I will not solicit Account Information from other users or access another user’s account;
7. I will not sell, gift, or trade my account to any other person, and such transfer shall be null and void;
8. I take responsibility for all activities that occur under my account;
9. I accept all risks of unauthorized access of my account;
10. I will immediately notify Christian Brothers in writing of any unauthorized use of my account of which I become aware;
11. I will contact my credit card company immediately if any unauthorized payments are made on, through, or using the Christian Brothers Electronic Services;
12. although Christian Brothers will not be liable for my losses caused by any unauthorized use of my account, I may be liable for the losses of Christian Brothers or others due to the unauthorized access and use of my account;
13. I have no property rights or ownership interests in and to my account, and I understand that all rights to my account belong to Christian Brothers;
14. if my account is disabled, suspended, or terminated by Christian Brothers, I will not create another one without Christian Brothers’ express permission;
15. I will use the Christian Brothers Electronic Services and Christian Brothers Electronic Services in compliance with applicable federal, state, local, or international law or regulation, including without limitation, any laws regarding the export of data or software to and from the United States or other countries and any laws regarding privacy, online conduct, or acceptable online content;
16. I will not encourage or facilitate any violations of this Agreement; and
17. I understand that Christian Brothers can take appropriate legal action against me, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Christian Brothers Electronic Services or Christian Brothers Content.
WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO FULLY COOPERATE WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDERS REQUESTING OR DIRECTING US TO DISCLOSE YOUR IDENTITY, ACCOUNT INFORMATION, OR ANY USER INFORMATION YOU HAVE PROVIDED ON OR THROUGH THE CHRISTIAN BROTHERS ELECTRONIC SERVICES. YOU WAIVE AND HOLD HARMLESS CHRISTIAN BROTHERS, ITS AFFILIATES, ITS FRANCHISEES, AND ITS SERVICE PROVIDERS FROM ANY CLAIMS OR CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER CHRISTIAN BROTHERS OR LAW ENFORCEMENT AUTHORITIES.
7. I Understand that I May Include My Payment Information In My Christian Brothers Electronic Services Account.
When interfacing with the Christian Brothers Electronic Services you may be given an opportunity to input payment information for one or more of your bank accounts, credit cards, check cards, or debit cards through the Christian Brothers Electronic Services to complete certain transactions. By providing your payment information, you authorize all transactions made through the Christian Brothers Electronic Services. You are responsible for all transactions associated with the Christian Brothers Electronic Services including unauthorized transactions. If your mobile device is lost, stolen or destroyed, please contact your credit card company immediately.
All credit card and bank account information is collected through third party payment processors, and no credit card or bank account information is collected by Christian Brothers Electronic Services as more fully described in our Privacy Notice, which can be accessed at www.cbac.com/privacy-policy[JT2].
8. I Understand that the Christian Brothers Electronic Services May Contain Elements that are Governed by Additional Terms.
A. Third Party Terms and Conditions Generally
The Christian Brothers Electronic Services may contain various third party software components to enhance the functionality of the Christian Brothers Electronic Services. Such third party software components may have terms and conditions, including privacy policies, which are separate and apart from this Agreement, but apply to you simultaneously. It is your responsibility to read and understand such terms and conditions, including the privacy implications therein. By your use of the Christian Brothers Electronic Services, you represent to Christian Brothers that you have read and agree to abide by those third party terms and conditions.
B. Use of Single Sign-On (SSO)
Christian Brothers Electronic Services allows access through single sign-on (SSO). SSO enables use of authentication procedures directly from a third-party service that are outside the control of Christian Brothers. By accessing the Christian Brothers Electronic Services with SSO, you agree that you have reviewed the terms and conditions of such third-party service.
9. I Also Agree to the Following Terms and Conditions:
A. Liability and Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. IN ADDITION, YOU ASSUME THE TOTAL RISK AND RESPONSIBILITY FOR THE CHRISTIAN BROTHERS ELECTRONIC SERVICES AND UNDERSTAND AND ACKNOWLEDGE THAT ANY LOSS OF DATA, DATA ERRORS, DAMAGE TO YOUR COMPUTER SYSTEM, INCOMPLETE TRANSACTIONS, SYSTEM DOWNTIMES, OR ANY OTHER ISSUES YOU EXPERIENCE USING THE CHRISTIAN BROTHERS ELECTRONIC SERVICES ARE AT YOUR SOLE RISK AND ARE NOT THE RESPONSIBILITY OF CHRISTIAN BROTHERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHRISTIAN BROTHERS ELECTRONIC SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU UNDERSTAND AND AGREE THAT THE CHRISTIAN BROTHERS ELECTRONIC SERVICES WILL NOT BE UNINTERRUPTED OR ERROR FREE AND THAT CHRISTIAN BROTHERS MAY NOT CORRECT ALL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CHRISTIAN BROTHERS NOR ITS AFFILIATES OR FRANCHISEES MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES AND CONDITIONS WITH RESPECT TO THE CHRISTIAN BROTHERS ELECTRONIC SERVICES AND ANY SERVICES, 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, AND OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER CHRISTIAN BROTHERS NOR ITS AFFILIATATES OR FRANCHISEES WARRANTS AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE CHRISTIAN BROTHERS ELECTRONIC SERVICES OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHRISTIAN BROTHERS, ITS AFFILIATES, ITS FRANCHISEES, OR ANY OF THEIR RESPECTIVE AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY. MOREOVER, NOT ALL THE FUNCTIONALITY AND FEATURES SET FORTH IN THIS AGREEMENT WILL NECESSARILY BE AVAILABLE IN THE INITIAL VERSION (OR ANY FUTURE VERSION) OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, AND NO MENTION OF SUCH FUNCTIONALITY OR FEATURES HEREIN SHOULD BE CONSTRUED AS A PROMISE TO PROVIDE SUCH FUNCTIONALITY OR FEATURES IN THE CHRISTIAN BROTHERS ELECTRONIC SERVICES OR IN ANY OTHER PRODUCT OFFERED BY CHRISTIAN BROTHERS, ITS AFFILIATES, OR ITS FRANCHISEES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Christian Brothers, ITS AFFILIATES, ITS FRANCHISEES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, CONTRACTORS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE FOR ANY DAMAGES UNDER THIS AGREEMENT, INCLUDING, WITHOUT ANY LIMITATION, ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SUBSTITUTE SERVICES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES ARE CHARACTERIZED AS DIRECT DAMAGES OR AS INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, AND EVEN IF CHRISTIAN BROTHERS, ITS AFFILIATES, OR ITS FRANCHISEES ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT. YOU AND CHRISTIAN BROTHERS HEREBY ACKNOWLEDGE AND AGREE THAT BOTH YOU AND CHRISTIAN BROTHERS WOULD NOT BE ABLE TO PERFORM HEREUNDER ON AN ECONOMIC BASIS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY CAUSED DIRECTLY BY THE NEGLIGENCE OF CHRISTIAN BROTHERS, THE LIMITATION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY THE FRAUDULENT MISREPRESENTATION OF CHRISTIAN BROTHERS, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL CHRISTIAN BROTHERS’ OR ITS AFFILIATES’ OR ITS FRANCHIEES’ TOTAL, AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE-HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The foregoing states the entire obligation of Christian Brothers and your exclusive remedy arising out of your use of the Christian Brothers Electronic Services and Christian Brothers’ provision of any services associated with your use of the Christian Brothers Electronic Services.
YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR YOUR BEHAVIOR WHILE USING THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, FOR THE INFORMATION PROVIDED IN YOUR USER ACCOUNT, AND FOR ALL USER CONTENT PROVIDED USING YOUR ACCOUNT. ACCORDINGLY, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD CHRISTIAN BROTHERS, ITS AFFILIATES, ITS FRANCHISEES AND THEIR OFFICERS, DIRECTORS, TRUSTEES, CONTRACTORS, EMPLOYEES, AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST, OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT CHRISTIAN BROTHERS MAY INCUR IN CONNECTION WITH A THIRD PARTY CLAIM, OR OTHERWISE, IN RELATION TO YOUR USE OF THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, THE USER CONTENT YOU CONTRIBUTE OR LINK TO, YOUR ACCESS TO THE CHRISTIAN BROTHERS ELECTRONIC SERVICES, THE INFORMATION CONTAINED IN YOUR USER ACCOUNT, OR YOUR VIOLATION OF EITHER THIS AGREEMENT OR THE RIGHTS OF ANY THIRD PARTY. CHRISTIAN BROTHERS SHALL HAVE THE RIGHT TO CONTROL AND DIRECT THE DEFENSE OF ANY THIRD PARTY CLAIM OR ACTION PURSUANT TO THIS SECTION, INCLUDING THE RIGHT TO SETTLE THE CLAIM, AND YOU AGREE TO PROVIDE YOUR FULL AND COMPLETE ASSISTANCE AND COOPERATION TO CHRISTIAN BROTHERS.
C. Global Availability
The Christian Brothers Electronic Services and Christian Brothers Content are available only for use by United States residents. Use by residents outside of the United States is strictly prohibited.
D. Use by Children under the Age of 18
The Christian Brothers Electronic Services is not intended for children under the age of 18, and we do not knowingly collect any personal information from such children, as can be understood by reviewing our Privacy Notice at www.cbac.com/privacy-policy. Use of the Christian Brothers Electronic Services is prohibited for children under the age of 18, and children under the age of 18 should not use the Christian Brothers Electronic Services at any time.
E. Digital Millennium Copyright Act Policy
Christian Brothers does not knowingly permit the posting, storage, or transmission of copyrighted materials using its website or online services. Christian Brothers will respond to all claims of violations of copyright pursuant to the Digital Millennium Copyright Act. To report a violation, please contact Christian Brothers at the contact address provided below.
F. Security Policy
Christian Brothers maintains appropriate safeguards in place to protect the security, confidentiality, and integrity of your personal information. Safeguards may include administrative, physical, and electronic safeguards to protect against the unauthorized access, disclosure, alteration, destruction, loss, or misuse of your personal information. Christian Brothers limits access to your personal information to our employees and third parties necessary to provide the Christian Brothers Electronic Services and other services to you. Additional information about our security practices can be found in our Privacy Notice available at www.cbac.com/privacy-policy.
G. Mobile Device Data Services
The Christian Brothers Electronic Services requires use of the internet to operate correctly, thus the quality and availability of the Christian Brothers Electronic Services may be affected by factors beyond Christian Brothers’s control. Christian Brothers does not accept responsibility for unavailability of the Christian Brothers Electronic Services. The terms of your agreement with your respective mobile network provider apply when using the Christian Brothers Electronic Services. You may be charged by your mobile provider for access to network connection services for the duration of the connection while accessing the Christian Brothers Electronic Services. All such charges are your responsibility. Further, you agree that your use of the Christian Brothers Electronic Services is not contrary to any terms or conditions of coverage extended to you by your respective mobile network provider.
H. Third Party Websites
We assume no responsibility for any third party websites that link to our Christian Brothers Electronic Services. If a third party links to our website, it does not imply that we endorse, authorize, sponsor or are affiliated with that third party.
I. Email Sent from the Christian Brothers Electronic Services
The Christian Brothers Electronic Services may allow you to send email or other messages to Christian Brothers. By using these email and messaging programs, you agree you are sending email or messages only for the defined purpose of contacting Christian Brothers. Any other use of these email programs, including but not limited to sending Unsolicited Commercial Email (SPAM) is not in keeping with the intent of these programs and is prohibited.
J. Disputes, Forum, and Governing Law
All matters relating to the Christian Brothers Electronic Services and any disputes, controversies, claims (whether based on contract, tort, statute, or other legal or equitable theory) between you and Christian Brothers arising out of or relating to (1) this Agreement (including the breach, termination, or validity thereof), the Christian Brothers Electronic Services, or the Christian Brothers Content or (2) whether any particular dispute, controversy, or claim is a Dispute (as defined below) under this Agreement (each a “Dispute”) will be resolved to the fullest extent permitted under applicable law solely and exclusively pursuant to the provisions of this Section 9(J) (the “Dispute Resolution Agreement”). Each party represents and warrants that unless prohibited by applicable law it will only resolve Disputes pursuant to this Dispute Resolution Agreement.
- WAIVER OF JURY TRIAL, COURT TRIAL, AND CLASS ACTION RIGHTS. YOU KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY ACTION, SUIT, OR PROCEEDING RELATING TO A DISPUTE SUBJECT TO EXCLUSIVE DISPUTE RESOLUTION PURSUANT TO THIS SECTION 9(J) OR THE ENFORCEMENT OF ANY AWARD (AS DEFINED BELOW). YOU ALSO WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING AGAINST US OR RELATED THIRD PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT.
- Confidentiality. The existence of any Dispute and any documents, evidence, or other materials disclosed by you or Christian Brothers to the other party, to the Mediator (as defined below) or the Arbitrator (as defined below) as a part of any Dispute, the Award (as defined below), and any other information relating to the resolution of any Dispute under this Agreement (collectively, the “Dispute Confidential Information”) shall be kept confidential, and there shall be no disclosure of any confidential information under this Section 9(J) except to a party’s legal or financial advisors (subject to an obligation of confidentiality) or as necessary to enforce this Agreement or any decision of the Arbitrator pursuant to this Agreement.
- Governing Law. This Dispute Resolution Agreement, including the breach, interpretation, validity, or enforceability thereof, and the enforcement of any Award (as defined below) or decision of the Arbitrator (as defined below) pursuant to this Agreement shall be governed by the United States Arbitration Act, 9 U.S.C. §§1 et seq. (“FAA”), to the exclusion of any provision of law inconsistent therewith or which would produce a different result. If it is determined that the FAA does not apply to any of the foregoing, then the laws of the State of Texas shall apply without regard to choice of law principles. In resolving a Dispute (including regarding applicability of statutes of limitation), the Arbitrator shall apply, without regard to choice of law principles, the substantive laws of the State of Texas.
- Court Proceedings; Forum Selection; Confidentiality. To the fullest extent permitted by applicable law, you agree that you will resolve all Disputes against us first through informal resolution and then by arbitration in accordance with Section 9(J)(5) of this Agreement. You agree that you will bring any claim or controversy regarding this Agreement or the matters contemplated by this Agreement that cannot be submitted to binding arbitration under Section 9(J) of this Agreement (if any) solely and exclusively in the state or federal courts located in Harris County, Texas. We may bring any Dispute against you in any court of competent jurisdiction, including in your country of residence or any other relevant country, and you hereby waive any and all objections to jurisdiction and venue of such courts. In addition, in no event will the terms of this Section 9(J) limit our right to investigate complaints or reported violations of this Agreement or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or third parties.
Dispute Resolution Procedures.
- Notice of Dispute. You shall commence the resolution of a Dispute only by providing a written notice of Dispute (the “Dispute Notice”) to Christian Brothers explaining in reasonable detail the general nature of the Dispute and the relief or remedy sought. We may, in our sole discretion, commence the resolution of a Dispute by providing a Dispute Notice to you.
- Informal Resolution. If you provide a Dispute Notice, you will give us 30 days from the date of our receipt of the Dispute Notice to resolve the Dispute to your reasonable satisfaction before commencing arbitration. If we do not resolve the Dispute in this 30-day period, you may then, and only then, submit the Dispute to binding arbitration. Christian Brothers may, but is not required to, provide you with 30 days to resolve a Dispute that Christian Brothers has against you. Christian Brothers may commence arbitration of a Dispute at any time.
- Arbitration. Any arbitration shall be in accordance with the 2018 International Institute for Conflict Prevention and Resolution (“CPR”) Rules for Non-Administered Arbitration (the “CPR Rules”). Either party (“Claimant”) may commence an arbitration by sending a notice of arbitration to the other party (“Respondent”) in accordance with the CPR Rules. Any arbitration conducted under this Agreement shall be heard by a sole arbitrator (the “Arbitrator”) qualified by education, training, and experience to resolve the Dispute. The seat of any arbitration shall be Houston, Texas. The Arbitrator shall fix a reasonable time and place for any hearings (which may be telephonic or by video conference) and shall determine the Dispute pursuant to the provisions of this Agreement in a timely manner, with the expectation that, absent special circumstances, a final hearing (which may be telephonic or by video conference) will be held within two (2) months after the selection of the Arbitrator. The Arbitrator shall render his or her decision (the “Award”) in writing within ten (10) business days of the conclusion of the final hearing to determine the Dispute and shall state the reasoning on which the award rests unless the Parties agree otherwise. The Parties agree that except as provided otherwise in this Agreement, the Arbitrator shall have the broadest powers allowable under applicable law, including that the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this Agreement or whether any particular claim or controversy is a Dispute subject to arbitration under this Agreement. The Arbitrator will not have the power to conduct any form of class or collective arbitration nor to join or consolidate Disputes against us with Disputes brought against us by any other persons. Discovery shall be limited to the exchange of documents among the Parties to the arbitration. Depositions are not allowed. No discovery requests may be made to any person that is not a party to the arbitration.
- Arbitration Award. Any Award of an Arbitrator shall be final and binding on the Disputing Parties, and the Disputing Parties will undertake to carry out the award without delay. An Award may not be appealed except to the limited extent permitted by the FAA. Judgment upon an Award rendered by the Arbitrator may be entered by any court having jurisdiction. All Disputing Parties will act in good faith to avoid submitting an Award to a court and will endeavor in good faith to abide by any Award without the intervention of a court. Any claim or controversy regarding the interpretation of an Award or the applicability of an Award to any party shall be considered a Dispute subject to resolution pursuant to this Agreement.
- Injunctive Relief. You understand and agree that a breach or threatened breach of this Agreement will cause Christian Brothers irreparable damage for which the recovery of money damages alone would be inadequate. Therefore, Christian Brothers will be entitled to obtain injunctive relief in any court of competent jurisdiction to protect and enforce Christian Brothers’s rights under this Agreement in addition to any and all remedies available at law without the requirement to post a bond (or with the posting of a nominal bond if a bond is required by applicable law). In addition, if we believe that you have acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction. For Disputes you bring against us, the Arbitrator shall have the sole authority to grant injunctive relief, including preliminary injunctive relief.
- Limitations of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected in any way with this Agreement, the Christian Brothers Electronic Services, or Christian Brothers Content, must be submitted to Christian Brothers in a proper Dispute Notice pursuant to this Section 9(J) of the Agreement within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or be forever barred.
K. Attorney Fees and Costs
If either party commences any action or proceeding against the other relating to this Agreement, the Christian Brothers Electronic Services or the Christian Brothers Content, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees and costs irrespective of whether the action or proceeding is prosecuted to judgment.
L. Controlling Language
The controlling language of this Agreement is English. This Agreement shall be construed and enforced only in accordance with the English language.
This Agreement is the complete and entire agreement between you and Christian Brothers pertaining to the subject matter of this Agreement. It supersedes and replaces any and all prior or contemporaneous agreements, understandings, communications and discussions between you and Christian Brothers relating to this Agreement, the Christian Brothers Electronic Services, your use of the Christian Brothers Electronic Services and the Christian Brothers Content. The failure of Christian Brothers to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision nor prejudice Christian Brothers’s right to take subsequent action. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is found unlawful, void, or enforceable by a court based upon any written decree, that provision shall be modified to the extent necessary to render it enforceable without losing its intent or it shall be deemed severable from this Agreement if no modification is possible. The remainder of this Agreement shall remain in full force and effect and modification or severance of any one provision shall not affect the validity and enforceability of any of the remaining provisions.
N. How to Contact Us
To ask questions or raise a concern about the Christian Brothers Electronic Services, you may contact us at:
Christian Brothers Automotive Corporation
17725 Katy Freeway
Houston, Texas 77094