Terms of Service
Last Updated: April 2, 2018
This document ("Terms") constitutes a binding agreement between you and Div & Bracket Corporation (also referred to as "Div & Bracket", "we", "us", "our") in exchange for allowing you the use of divandbracket.com, its associated websites and services (herein collectively referred to as "Services"). Your use or continued use constitutes your acceptance of these Terms which govern your use of our Services.
If you are entering into this agreement on behalf of an organization, company or other entity, you warrant that you are a duly authorized representative of such organization, company or entity, able to enter into this agreement on its behalf, and that you and consequently your organization, company or entity understand and agree to the terms.
You must be at least 18 years old to use our Services.
These Terms are subject to change, alteration, or cancellation in whole or in part from time to time, without notice, so you should visit this page on an ongoing basis to check for changes. Your use of the Services is governed by the Terms in effect at the time of your use.
Div & Bracket reserves the right to immediately terminate your use of the Services for any reason whatsoever or no reason at all and at any time, without notice, whether or not you are in compliance with these Terms.
Div & Bracket reserves the right to not fulfill any request you make through our Services.
Div & Bracket's Content
Div & Bracket retains exclusive ownership of and rights in, to and over all of its content, materials, trademarks, logos and intellectual property.
Products & Services
With respect to any services or products you request or purchase from us, Div & Bracket reserves the right to decline to produce, fulfill, provide or sell you its services or products for any reason, or no reason at all, at any time.
Errors & Ommissions
Div & Bracket makes reasonable efforts to ensure the accuracy of information it posts on its Services. From time to time, however, errors or ommissions may occur and you agree that Div & Bracket may correct any errors or ommissions as it sees fit and you hereby release Div & Bracket Corporation from any liability for any such errors or ommissions which may occur.
Our products include white papers. You agree that Div & Bracket white papers are provided AS-IS and with all faults, and that your use of them or the information contained therein is at your own risk. Information contained in the white papers is subject to change. You agree that Div & Bracket white papers do not constitute legal, financial or other advice, even if the white papers contain information related to taxation, regulations, rules or laws. You understand and agree that information contained in Div & Bracket white papers may not be appropriate for your use and/or may not be applicable to your particular situation. You should always consult a lawyer or other appropriate professional(s) to determine which taxes, regulations, rules or laws are applicable to you.
To the maximum extent permitted by applicable law, you release us from all liability with respect to the information contained in Div & Bracket white papers and/or from any actions you take, or fail to take, based on the information provided therein.
Suggestions & Improvements
Our customers' thoughts, suggestions and ideas about how we can improve or modify our Services, products, product-related services, business and programs are important to us. However, in order to provide Div & Bracket with the freedom to implement any thoughts, suggestions or ideas you give us, you acknowledge that any idea you submit regarding our website(s), product(s), service(s), program(s), business or the Services will solely become the intellectual property of Div & Bracket and you will retain no rights or ownership in the idea.
Div & Bracket attempts to maintain reasonable uptime of the Services, but cannot be held responsible for disruption or outages of its Services or the services of the third parties it contracts with who are necessary to the operation of the Services.
Div & Bracket may discontinue providing the Services at any time, for any reason, or no reason at all.
Export Restrictions, etc.
The Services may be subject to control under applicable U.S. laws and regulations governing export and sanctions. You agree that you will not export, re-export, or utilize the Services in violation of any applicable laws or regulations
and that you will not use the Services for the purposes of conducting or facilitating business with any prohibited destination, entity or individual.
The Terms constitute the entire agreement between you and Div & Bracket Corporation regarding the Services. Any exception to the conditions of this agreement which Div & Bracket makes for you must be made in writing by an authorized representative of Div & Bracket and is subject to any restrictions or conditions imposed by Div & Bracket. Exceptions may be communicated by Div & Bracket to you in writing electronically. Failure of Div & Bracket to enforce any provision of the Terms shall not constitute a waiver of that provision. All terms and provisions of this agreement which should reasonably be expected to survive termination of this agreement will survive its termination. Any work that Div & Bracket undertakes for you will typically be governed by a separate agreement.
By using our Services you agree to indemnify, defend and hold harmless us, our affiliates, distributors, licensors, advertisers, sponsors and our and their directors, officers, members, managers, employees, consultants, agents and other related parties, from and against any and all claims, damages, losses, expenses (including reasonable attorneys fees and costs) and other costs that result specifically from your violation of these Terms of Service, or arise generally from your use of our Services.
Div & Bracket makes no warranty of any kind or description, whether express or implied, of our Services. This disclaimer of warranty specifically includes any warranty that the computers and servers by which our Services are made available are free of viruses or other harmful components. Recovery for any incidental or consequential damages is specifically excluded to the maximum extent permitted by applicable law.
Jurisdiction and Governing Law
This agreement is governed by the laws of New Jersey, without regard to the principles of conflicts of law. The exclusive jurisdiction for any dispute arising from use of our Services shall be the State of New Jersey and specifically the state courts located in Morris County, or for Federal courts, the United States District Court located in Newark, New Jersey.
If any provision of these Terms or the application thereof to any person, place or circumstance, is held by a court of competent jurisdiction to be invalid or otherwise unenforceable in whole or in part, such provision shall still be enforceable to the extent possible and the remainder of this agreement shall remain fully valid and enforceable.