Terms of Use

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Last Modified: October 16, 2023

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Acceptance of the Terms of Use

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The following terms and conditions, together with the Privacy Policy found at www.lewishamilton.com/privacy-policy (the “Privacy Policy”) and any other documents they expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of www.lewishamilton.com, which is operated by BRV Limited and its affiliates (“Company,” “we,” or “us”), together with any content, functionality, and services offered on or through such Website (the “Website”), whether as a guest or a registered user. These Terms of Use represent a legally binding agreement between you, an individual user or a single entity (“you”), and the Company regarding your use of the Website. 

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By using the Website, you accept and agree to be bound and abide by these Terms of Use and the Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

Intended Audience

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The Website is offered and available to users who are 13 years of age or older. By using the Website, you represent and warrant that you are at least 13 years of age. If you do not meet this requirement, you must not access or use the Website.

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Changes to the Terms of Use

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We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

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Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  If you do not agree to the Terms of Use as revised, you must stop using the Website. You acknowledge and agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or information provided on this site or accessed by you through the Website.

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Accessing the Website

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To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You represent and warrant that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy www.lewishamilton.com/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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You will not share your account, user name or password with anyone, and you must protect the security of your account, user name and password. You are responsible for any activity associated with your Account. You may not transfer, sell, assign, or license your user name, account, or any account rights to anyone else without our prior written permission. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. 

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We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Consent to Receive E-mails

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By providing Company your email address or by establishing a user name with the Website, you consent to receive emails from Company, which may include commercial emails. You may unsubscribe to emails by clicking the unsubscribe link when you receive an email from Company.  

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Intellectual Property Rights

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The Website and all content, features, and functionalities (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. 

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The Company grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of the Website is at the discretion of the Company, and the Company may terminate your use of the Website at any time.

Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

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Prohibited Uses

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You may use the Website only for lawful purposes and in accordance with these Terms of Use. You represent, warrant, and agree that you will not contribute any content or user submission or otherwise use the Website:

• In any way that violates any 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 US or other countries). 

• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms of Use.

• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of the Website.

 

Trademarks

 

The Company name, the Company logo and any other product or service name or slogan contained in the Website, are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder.  In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website is the property of their respective owners. 

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Copyright Infringement 

 

We reserve the right to delete or disable any user content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. It is the policy of the Company to terminate the user accounts of repeat infringers. If you believe that any user content violates your copyright, please provide a notice of copyright infringement to our designated agent at:

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BRV Limited

PO Box 141

La Tonnelle House

Les Banques, 

St. Sampson, Guernsey GY1 3HS

Attention: Helen Green

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If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company the following information in your notice (to be effective, the notice must include all of the following):

• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly being infringed;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Website;

• your address, telephone number and e-mail address, and all other information reasonably sufficient to permit Company to contact you;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and

• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

 

Reliance on Information Posted

 

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

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Privacy

 

All information we collect on the Website is subject to our Privacy Policy found at www.lewishamilton.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

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Third Party Sites

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The Website may contain materials and hyperlinks to Website provided or operated by third parties (including any embedded third party functionality). We do not control such materials or Website and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or others. Inclusion of any such materials or linked Website on the Website does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the Website to access these materials or third party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of Website operated by third parties will apply to you while viewing such materials or on such sites. We are not responsible for information provided by you to third parties.

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Disclaimer of Warranties

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THE WEBSITE, AND ANY RELATED MATERIALS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS IN THE WEBSITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS ON THE WEBSITE, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE WEBSITE, OR THE RELATED SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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Limitation on Liability

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE AGGREGATE LIABILITY OF THE COMPANY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE WEBSITE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE WEBSITE.

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Indemnification

 

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

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Termination

 

Notwithstanding any of these Terms of Use, the Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Website, and to block or prevent your access to and use of the Website.  

 

Governing Law; Arbitration

 

These Terms of Use are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Los Angeles County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect (the “Rules”), by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

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Waiver and Severability

 

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

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Entire Agreement

 

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. 

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Assignment

 

You may not assign, delegate or transfer these Terms of Use or your rights or obligations hereunder, or your account or user name, in any way (by operation of law or otherwise) without the Company’s prior written consent. We may transfer, assign, or delegate these Terms of Use and our rights and obligations without consent.

Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please contact us at:

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BRV Limited

PO Box 141

La Tonnelle House

Les Banques, 

St. Sampson, Guernsey GY1 3HS

Attention: Helen Green

Attn: Terms of Use

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California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:

 

625 North Market Blvd.

Sacramento, CA 95834

(916) 445-1254 or (800) 952-5210

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Contact

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All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: teamlh@lewishamilton.com.