Terms and Conditions

Welcome to bakedeal.com!

brakedeal.com, Inc. and/or its affiliates ("brakedeal.com") provide brakedeal.com and its products or services to you subject to the following conditions. If you visit or shop through our Sites, you accept these conditions. Please read them carefully, because they contain important disclosures and information regarding terms of sale, among other terms that may affect your legal rights.

1. Your Acceptance of the Terms

2. Electronic Communication

3. Your Privacy

4. Certain Conditions Placed on Your Use of the Sites and Services

5. Your Account

6. Deals

  • Additional Deal Terms
  • How it Works
  • Deal Value and The “Fine Print”
  • Deals
  • Expiration Dates
  • Date-Specific Deals
  • Refunds
  • Merchant is the Issuer
  • Deal Availability
  • Pricing Information

7.Ownership of the Sites and Services

8. Copyright/Trademarks

9. Your Access to the Sites and Services

10. Third-Party Links and Contents

11. Information and Content Submitted by You

12. Product Submissions

13. Termination

14. Exclusion of Warranties

15. Limitations of Liability

16. Arbitration of Disputes

17. Indemnity, Reservation of Right, Release

18. Applicable Law

19. Copyright Notice-Digital Millennium Copyright Act

20. Entire Agreement, Changes to this Agreement and Waivers

21. General Terms

22. Additional Terms

Your Acceptance of the Terms

The “Terms” consist of these Conditions of Use, the brakedeal.com Privacy Policy and any supplemental terms, legal notices and other communications provided to you. These Terms govern your use of the website offered by brakedeal.com at www.brakedeal.com (including any mobile, touch, merchant-specific, city-specific or other area-specific versions or sections) (each a “Site”), and all products or services accessed through the Sites (collectively “Services”). These Terms constitute a binding legal agreement (“Agreement,” though we may use “Terms” interchangeably with “Agreement” herein) in electronic form between you (“you,” “your” and/or “yourself”) and brakedeal.com, Inc. and its successors, subsidiaries, affiliates and family of brands (“brakedeal.com,” “we,” “us” and/or “our”). By using the Sites and/or Services, you agree to these Terms. IF YOU DO NOT AGREE TO THE TERMS, IMMEDIATELY STOP ACCESSING OR USING ANY OF THE SITES AND/OR SERVICES. BY USING THE SITES AND/OR SERVICES, YOU HAVE ACCEPTED THE TERMS.

In some instances, both these Terms and separate terms of service or guidelines setting forth additional conditions may apply to a service or product offered via the Sites ("Additional Terms"). The Additional Terms are incorporated by reference into these Terms. The Additional Terms are generally intended to be supplemental to these Terms, but to the extent there is an express conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise and/or unless otherwise prohibited by applicable law.

Electronic Communication

The communications between you and brakedeal.com are electronic. You consent to receive communications from brakedeal.com in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.

Your Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how we collect, use and protect your personal data. We encourage you to read the Privacy Policy to help make informed decisions when using our Sites and Services. The Privacy Policy is incorporated herein by reference.

Certain Conditions Placed on Your Use of the Sites and Services

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • are 18 years of age or older;
  • will comply with these Terms;
  • are able to form a binding contract with us;
  • are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
  • are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
  • will not impersonate another user of the Sites and/or Services.

Your Account (if required)

You may to register by creating an account with brakedeal.com (either by registering directly with us or by allowing a brakedeal.com application to connect through your Facebook profile) (an “Account”) in order to obtain access to certain Services, including Deals. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the Brakedeal.com Site and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by Brakedeal.com may not egister for an Account, nor may you designate any of those individuals to use your Account on your behalf.

brakedeal.com relies on cookies and/or User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please otify us immediately if you become aware that your User ID is being used without authorization.

General Rules Of User Conduct

It is our goal to make the use of our Site and Services a good experience for all of our users, so you agree not to do any of the following:

  • conduct or promote any illegal activities while using the Site or Services;
  • upload, distribute or print anything that may be harmful to children;
  • attempt to reverse engineer or jeopardise the correct functioning of the Site or Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
  • attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
  • upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
  • use the Site or Services to generate or distribute unsolicited email advertisements or spam;
  • use any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services; or
  • impersonate another user.

Deals

brakedeal.com provides consumers with opportunities to purchase certain products and services (each “Deal,” and collectively, “Deals”) from third-party merchants (each the “Merchant”), except as otherwise expressly identified, using a time-limited promotional deal xchangeable for Merchant goods and services (a “Deal”). The promotion of each Deal works as a form of advertisement for the Merchant by brakedeal.com.

by purchasing, printing, accepting, using or attempting to use any Deal, you agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Deal, unless the Fine Print on a particular Deal states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Deal, the Fine Print will control, except to the extent prohibited by applicable law.

Additional Deal Terms

Some categories of Deals have special terms that vary from the general deal terms stated in this Section 6. These special terms which are set forth here. Any other varying terms for specific Deals will be set forth in the Fine Print.

How it Works

By requesting an a given Deal, you are agreeing to acceptance of the Deal you have selected on the terms, restrictions and conditions associated with the Deal. You are required to enable cookies on your device so we can collect information and provide you with easy access to print or save your Deals, view your past purchases and modify your preferences.

Deal Value and The “Fine Print”

In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Deal). The Fine Print may restrict things such as when or where You can redeem a Deal, as well as other Deal-specific limitations, so always read carefully.

Deals

Unless otherwise stated on the Deal or required by law, the following additional terms apply to all Deals

  • Deals must be redeemed in their entirety in one visit.
  • Deals are not redeemable for cash.
  • Deals cannot be combined with any other coupons or promotions.
  • Deals cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
  • Neither Brakedeal.com nor the Merchant is responsible for lost or stolen Deals or Deal reference numbers.
  • Duplicate use, sale or trade of a Deal is prohibited.
  • Unless otherwise stated in the Fine Print, the Deal price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Deal.

Expiration Dates

The Deal will always expire on the date printed on the Deal. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Deal will expire five (5) years from the date that the Deal was issued. In some states, the law may require the Merchant to honor the Paid Portion of the Deal beyond five years, in which case the Paid Portion of the Deal will expire in accordance with the applicable law.

Date-Specific Deals

Sometimes we offer Deals that are date-specific, such as a Deal only valid on a specific day (“Date-Specific Deal”). Usually this means that the Deal can only be redeemed on a single date or that you might have to choose from a list of available dates. You may not reschedule a Date-Specific Deal for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal on the date specified on the Deal. If for some reason the Date-Specific Deal is canceled or rescheduled by us or the Merchant, we will send you an email notifying you prior to such cancelation or rescheduling. If the Date-Specific Deal is rescheduled, our email to you will include the new date for the Date-Specific Deal. If you cannot make the new date for the Date-Specific Deal, you will be entitled to a refund of the Paid Portion upon request. If, however, the Date-Specific Deal is canceled and will not be rescheduled, we will automatically refund you the Paid Portion.

Refunds

The Refund policy for any Deal will always be stated at the time of purchase. Please review our current Refund policies.

We want you to be happy with your Brakedeal.com experience. If You have trouble redeeming Your Deal for any reason, please contact us so we can work to resolve Your issue.

Merchant is the Issuer

The Merchant is the issuer of the Deal and is solely responsible for redeeming the Deal. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Deal or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Deals. Unless otherwise indicated in a Deal or other offer, Brakedeal.com is solely the marketer of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Deal management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release Brakedeal.com and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Deal or the products and/or services it provides in connection with it.

Deal Availability

Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. brakedeal.com reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Deal, the Sites, the Services or any other product or service. brakedeal.com does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some of our Deals are limited in number. Any attempt by you to obtain more than the permitted number of Deals specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.

Pricing Information

We display discounts on our Sites in connection with each Deal. These discounts are calculated based upon certain pricing information provided to us solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which we base our discounts may vary, any discount information that we display may or may not be representative of the prevailing discount in every area or on any particular day.

The price of Deals (or other products and services) will be as quoted on our Site from time to time, except in cases of obvious error. brakedeal.com strives to provide accurate pricing information regarding the products and services available on the Site. We cannot, however, insure against pricing errors. brakedeal.com reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, brakedeal.com will notify you by email. In addition, brakedeal.com reserves the right, at its sole discretion, to correct any error in the stated full retail price.

Ownership of the Sites and Services

The Sites and/or Services (including past, present and future versions) and all content that are included in, on or that are otherwise a part of the Sites and/or Services (collectively, the "Content") are owned, controlled or licensed by brakedeal.com, its subsidiaries or affiliates.

Copyright/Trademarks

The entire contents of the Sites and/or Services (including the Content) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, brakedeal.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content on the Sites and/or in the Services. Trademarks and service marks, including, without limitation, “brakedeal.com,” which appear on the Sites and/or in the Services are the service and trademarks of brakedeal.com or affiliated entities. Without brakedeal.com’s prior written permission, you agree not to display or use, in any manner, any such marks. Without limitation of the preceding, you may not use any meta tags or any other "hidden text" utilizing our names or trademarks without our express written consent. Notwithstanding the foregoing, any goodwill associated with any use of such marks by you will inure exclusively to brakedeal.com or their respective owners. The Content may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of brakedeal.com, unless and except as is expressly provided in these Terms. Any unauthorized use of the Content is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites and/or Services.

Your Access to the Sites and Services

Subject to your compliance with the Terms, we grant you a limited license to access and make personal use of the Sites and/or Services. You are expressly prohibited from:

any resale or commercial use of the Sites, the Services, the Contents and/or any of the other contents or materials found thereon; any collection and use of any product listings, descriptions, prices or any other information posted on the Site for any purpose other than your own personal use, including, without limitation, any purpose competitive to brakedeal.com or the Merchants featured hereunder or any commercial purpose, including marketing;

any downloading or copying of Site or Account information for any reason other than your personal use, or any use of data mining, robots or similar data gathering and extraction tools; deep-linking to any portion of the Site; framing or utilizing framing techniques to enclose any portion of the Site without express written consent;

using the Sites and/or the Services to access or collect any personally identifiable information, including account names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; attempting to gain access to secured portions of the Sites and/or Services to which you do not possess access rights;

using the Site and/or Services to generate unsolicited email advertisements or spam; or using any automatic or manual process to search or harvest information from the Sites and/or Services, or interfering in any way with the proper functioning of the Site and/or Services. Any unauthorized use of the Sites, Services, Content and/or any other contents or materials found thereon shall immediately terminate the permission or license granted by us in these Terms. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of brakedeal.com so long as the link does not portray us or any of our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any of our logos or other proprietary graphics or trademarks as part of the link without express written permission.

Third-Party Links and Contents

Our Sites and/or Services, or communications you receive from our Sites and/or Services may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Sites and/or Services. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. BRAKEDEAL.COM ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

Information and Content Submitted by You

The Sites and Services may offer you the opportunity to post reviews, comments, photos, questions and other content (“User Content”). You agree not to post any User Content on any of the Sites and/or Services that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties. You further agree not to post any User Content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of User Content. brakedeal.com reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. Any opinions advice, ratings, discussions, comments and/or other User Content of any kind made by you or any user of the Sites and/or Services are those of the respective author(s) or distributor(s) and not of brakedeal.com.

If you do post User Content or submit material, and unless we indicate otherwise, you grant brakedeal.com a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such User Content throughout the world in any media. You grant brakedeal.com and our sublicensees the right to use the name that you submit in connection with such User Content at our discretion. You represent and warrant that you own or otherwise control all of the rights to the User Content that you post, that the User Content is accurate, that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity and that you will indemnify brakedeal.com for all claims resulting from User Content you supply. brakedeal.com takes no responsibility and assumes no liability for any User Content posted by you or any third party.

Product Submissions

brakedeal.com does not accept unsolicited submissions for business ideas, web sites, articles or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of brakedeal.com (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited submissions to brakedeal.com through the Sites, by email, text message or otherwise. However, if you decide to make any such unsolicited submission, they shall be subject to these Terms and you hereby grant to brakedeal.com the irrevocable right and license to the submission as if it were User Content as specifically set forth above.

Termination

If you want to terminate your legal Agreement with brakedeal.com, you may do so by: (A) notifying brakedeal.com at https://help.brakedeal.com or (B) closing your Accounts for all of the Services that you use.

brakedeal.com may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) brakedeal.com is required by law to do so; (iii) the partner with whom Brakedeal.com has offered the Services to you has terminated its relationship with Brakedeal.com or ceased to offer the Services to you; (iv) brakedeal.com no longer provides Services in the country in which you reside; or (v) brakedeal.com determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, brakedeal.com reserves the right to discontinue any product or service at any time and at its sole discretion.

Without limiting any of the foregoing, brakedeal.com may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which brakedeal.com, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Deal issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Deal. These Terms will survive termination of this Agreement.

Exclusion of Warranties

WE PROVIDE THE SITES AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED. We make no express or implied representations, warranties or guarantees of any kind about the Sites, Services, or any third-party products or services made available to you by us, unless specified in writing.

YOU HEREBY EXPRESSLY AND IRREVOCABLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK.

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT brakedeal.com’S WARRANTY OR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IF ANY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, brakedeal.com AND OUR OFFICERS, DIRECTORS, AGENTS, VENDORS, AND MERCHANTS DISCLAIM IMPLIED WARRANTIES THAT THE SITE AND SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT: (A) YOUR USE OF THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, AVAILABLE, AND FREE FROM ANY ERROR; (C) ANY PRODUCTS OR SERVICES OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SITES AND/OR SERVICES WILL BE RELIABLE; OR (D) ELECTRONIC COMMUNICATIONS SENT FROM brakedeal.com WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO WARRANTIES AS TO PRIVACY AND SECURITY OTHER THAN AS EXPRESSLY STATED IN THE PRIVACY POLICY.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A Brakedeal.com REPRESENTATIVE SHALL CREATE A WARRANTY.

Limitations of Liability

SUBJECT TO THE EXCLUSIONS OF WARRANTIES AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRAKEDEAL.COM, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS OR MERCHANTS SHALL NOT BE LIABLE TO YOU FOR ANY OF THE FOLLOWING: (A) ANY CLAIMS EXCEEDING THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC PRODUCT AND/OR SERVICE AT ISSUE OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE OR RELIANCE UPON THE SITES AND SERVICES. THESE EXCLUSIONS APPLY TO, BUT ARE NOT LIMITED TO, ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS AND MERCHANTS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

AS SET FORTH ABOVE, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR INTERACTIONS WITH THIRD-PARTY MERCHANTS. SUBJECT TO THE EXCLUSIONS OF WARRANTIES, LIMITATIONS OF LIABILITY AND ARBITRATION PROVISIONS PROVIDED HEREIN, YOU AGREE TO RELEASE BRAKEDEAL FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A THIRD-PARTY MERCHANT AND ANY ACTION OR INACTION BY A THIRD-PARTY MERCHANT.

Arbitration of Disputes Governed By Arbitration

Notwithstanding the foregoing, any dispute or claim arising out of or relating in any way to your visit to the Sites, your purchase or redemption of a Deal or your use of the Services made available through the Sites, these Terms, this Agreement, the Privacy Policy or the validity or enforceability of this arbitration agreement will be resolved by binding arbitration, rather than in court, except for matters that can be taken to small claims court in your local jurisdiction. This agreement and any arbitration shall be governed by the Federal Arbitration Act.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief (including injunctive and declaratory relief or statutory damages) as a court, and must follow the provisions of these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org or by calling 1-800-778-7879. We will pay all filing, administration and arbitrator fees for claims totaling less than $10,000. For larger claims, payment of those fees will be governed by the AAA’s fee schedule for Consumer Arbitration Costs. You and brakedeal.com may be able to recover attorney’s fees in arbitration as you/we would in court if they are available under applicable law. For any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing. If the claim exceeds what can be recovered in a small claims court, and the arbitrator deems a face-to-face hearing is appropriate, the hearing will be conducted in the county where you live or at another mutually agreed location that is convenient to you. A decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or brakedeal.com shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used by either you or us in existing or subsequent litigation or arbitration involving any other person or brakedeal.com customer.

We both agree that you or we may bring suit in court to enjoin infringement, unauthorized access or trespass to computer networks or any other misuse, misappropriation or theft of intellectual property rights. We also each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. The arbitral tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of this agreement to arbitrate. If any part of this arbitration provision is held unenforceable, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the unenforceable provision were not contained. If, however, the class action waiver is found to be unenforceable, then the entire arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial and agree that we shall litigate exclusively in the courts located in Pittsburgh, Pennsylvania

Contact information for brakedeal.com’s for Disputes/Arbitration is as follows:

brakedeal.com

5101 Grand Avenue

Pittsburgh, PA 15225

Indemnity, Reservation of Right, Release

You agree to defend, indemnify and hold harmless brakedeal.com and its officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to reasonable attorney's fees) arising from: (i) your use of and access to brakedeal.com; (ii) your violation of any term of these Terms or this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property or privacy right; or (iv) any claim that any User Content submitted by you causes damage to a third-party. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Sites and/or Services.

brakedeal.com reserves the right, but has no obligation, to monitor or take action regarding disputes that you may have with other users, customers or any Merchants. To the extent the law permits, you release us from any claims or liability related to any Content and/or User Content posted on the Sites and from any claims related to the conduct of any other customers of ours or any Merchants. You agree to waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Applicable Law

By using our Services, you agree to these Terms and you further agree that any claim or dispute between you and brakedeal.com that arises out of this Agreement shall be governed by the laws of the State of Pennsylvania without regard to conflict of law principles, except that the arbitration provisions contained herein shall be governed by the Federal Arbitration Act.

Copyright Notice-Digital Millennium Copyright Act

We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner's agent and find any content on the Sites and/or Services that infringes upon your copyrights, you may submit a notification according to the Digital Millennium Copyright Act (“DMCA”). To do so, please provide us with the following information in writing: (i) A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work(s) claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material; (iv) Your contact information, including an address, telephone number and, if available, an e-mail address; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Contact information for brakedeal.com for notice of claims of copyright infringement is as follows:

brakedeal.com

5101 Grand Avenue

Pittsburgh, PA 15225

info@brakedeal.com

Entire Agreement, Changes to this Agreement and Waivers

These Terms, together with the Privacy Policy, and any other legal notices published by brakedeal.com on the Sites, Services or any Deal, shall constitute the entire agreement between you and brakedeal.com concerning your use of the Sites and/or Services. We may occasionally change the Terms and the Terms of this Agreement, and any such modifications will become effective once they are posted to the Site. It is your sole responsibility to check the Sites from time to time to view any such changes to the Terms. Your use of the Sites and/or Services after any modifications to the Terms will indicate that you accept and agree to the modified Agreement, provided that these changes will not apply to Any changes to this Agreement (other than as set forth in this paragraph) or waiver of brakedeal.com’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of brakedeal.com. No purported waiver or modification of this Agreement by brakedeal.com via telephonic or email communications shall be valid.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency relationship. There are no third-party beneficiaries of this Agreement. We may assign this Agreement at any time without notice to you. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third-party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

YOU AND BRAKEDEAL.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BRAKEDEAL.COM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

You represent that you are legally able to accept these Terms. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this Agreement, and to abide by and comply with this Agreement. If you are not legally able to accept these terms, or refuse to abide by and comply with this Agreement, you must cease use of the Sites and/or Services immediately.

The parties hereto confirm their express wish that this Agreement and all documents and agreements directly or indirectly relating thereto be drawn up in the English language.

Additional Terms

Below are additional terms applicable to your use of and access to the Sites and certain Services offered by brakedeal.com or its third party partners or affiliates through brakedeal.com:

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