8. Disclaimers of Warranties
THIS SITE IS MADE AVAILABLE "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BRIGGS & STRATTON UPDATES THE INFORMATION AT THE SITE PERIODICALLY, BUT IT MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY OF THAT INFORMATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION AT THE SITE.BRIGGS & STRATTON DOES NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA PROTECTION, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
BRIGGS & STRATTON DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
9. Limitation of Liability
IN NO EVENT SHALL BRIGGS & STRATTON, ITS AFFILIATES, SUCCESSORS OR ASSIGNS, ITS SUPPLIERS, DISTRIBUTORS OR DEALERS OR OTHER THIRD PARTIES MENTIONED AT THIS SITE OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOST REVENUES OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY THIRD PARTY SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY SUCH SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BRIGGS & STRATTON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THE SITE RESULTS IN THE NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME ALL COSTS OF SUCH ACTIVITIES. BRIGGS & STRATTON DISCLAIMS ANY LIABILITY TO YOU RELATED TO THE INFORMATION YOU FIND ON THE SITE.
BY USING THE SITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THESE TERMS AND CONDITIONS ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE SITE.
APPLICABLE LAW IN CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATION OR EXCLUSIONS SET FORTH IN THESE TERMS AND CONDITIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, COMPANY'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED UNDER THAT APPLICABLE LAW.
10. User Participation and Submissions
This Site may contain an active forum where you may post content (“Your Content”). Your Content is not endorsed in any way by Briggs & Stratton. Briggs & Stratton is not in any manner responsible for Your Content. Briggs & Stratton reserves the right to block or remove Your Content or User Comments for any reason at any time.
Users should not send any confidential or proprietary information or materials to Briggs & Stratton through this Site. Any communication or material you transmit through this Site or post to this Site will be treated as non-confidential and non-proprietary and may be made public. Briggs & Stratton has no obligation to respond to your communications or Your Content.
You are solely responsible for Your Content, and Briggs & Stratton is merely a passive conduit for your online distribution and publication of Your Content. You hereby represent and warrant that Your Content; (a) will comply at all times with these Terms and Conditions, including but not limited to Section 3 (User Requirements) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of Briggs & Stratton’s customers, partners, or suppliers.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute all of Your Content, including but not limited to all images, videos, pictures, musical works, audio and text included in such postings in any and all media, including, without limitation, social media, printed publications, presentations, promotional materials, or web sites, in connection with and/or as part of our business, including in connection with and/or in any advertising in perpetuity throughout the world as Briggs & Stratton in its sole discretion sees fit without further consent or payment. Briggs & Stratton has all right, title, and interest in any and all results and proceeds from such use of Your Content. Briggs & Stratton has the right to transfer the aforementioned rights to use Your Content to any third party, including, but not limited to, any of its subsidiaries or affiliated companies. Briggs & Stratton may alter, adapt, or edit Your Content and any further material created under these Terms and Conditions, and market and exploit it entirely at Briggs & Stratton’s sole discretion. Briggs & Stratton is not obliged to make any use of Your Content or exercise any of the rights granted by these Terms and Conditions.
Briggs & Stratton does not accept or consider any unsolicited ideas or materials for products or services, or improvements to our products or services. Therefore, do not send such unsolicited ideas or materials for products or improvements to our products or services to Briggs & Stratton (even within Your Content), in any form and by any means. Briggs & Stratton does not assume any liability for the receipt of such unsolicited ideas or materials.
You understand that Briggs & Stratton may be working on the same or a similar idea or concept to any ideas, expression of ideas or other materials you submit within Your Content, that Briggs & Stratton may already know of such an idea or concept from other sources, or that Briggs & Stratton may simply wish to develop this (or a similar idea) on its own or it may have taken/will take some other action. Do not submit Content to this website that you believe contains your intellectual property rights.
11. Copyright Complaints and Copyright Agent
If you believe that a posting on the Site violates your copyright or other rights, please submit a claim of infringement to Briggs & Stratton in a written complaint that complies with the requirements below and deliver to our designated agent to receive notification of claimed infringement at:
By mail: Briggs & Stratton, LLC Attn: IP Counsel PO Box 702 Wauwatosa, WI 53202-0702
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary right must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials; (c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address; (e) 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 or other proprietary right owner, its agent, or the law; (f) 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 copyright owner; and (g) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed or of the person who has allegedly been defamed.For more details on the information required for valid notification, see 17 U.S.C. 512(c) (3).You should be aware that, under the Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
Briggs & Stratton will respond to such written notices in its sole discretion.
12. Links to Third Party Web Sites
This Site may contain links (such as hyperlinks) from the Site to, and plug-ins from, sites or applications owned, operated or controlled by third parties (collectively, "Third-Party Sites") as a convenience to you, but Briggs & Stratton makes no representations whatsoever about those Third Party Sites. Any links or plug-ins to a Third Party Site does not imply that Briggs & Stratton is affiliated with or connected to the Third Party Site. Briggs & Stratton makes no warranties regarding the content or activities of the Third Party Site. YOU ACCESS THIRD-PARTY SITES AT YOUR OWN RISK. BRIGGS & STRATTON EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR ACCESS, USE AND/OR VIEWING OF ANY THIRD-PARTY SITES, AND YOU HEREBY AGREE TO HOLD BRIGGS & STRATTON HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD-PARTY SITES.
13. Links to Briggs & Stratton Web Site
You may create links to the Briggs & Stratton Site, provided you do so in accordance with the following terms:
- The linking site may not create a browser or boarder environment or use any other techniques that alters in any way the appearance of this Site.
- The linking site may not misrepresent Briggs & Stratton's relationship with the linking site.
- The linking site may not imply that Briggs & Stratton endorses the linking site or the linking site's products or services.
- The linking site may not use any logo or mark of Briggs & Stratton without permission.
- The linking site may not present false or misleading information about Briggs & Stratton.
- The linking site may not contain unlawful, offensive, abusive, pornographic or obscene material.
As a condition of linking to this Site, you agree that Briggs & Stratton may terminate permission to link to this Site at any time. You also agree to immediately remove all links to this Site if asked to do so.
14. International and Export Issues
This Site is administered by Briggs & Stratton based in Milwaukee, Wisconsin, U.S.A. Briggs & Stratton makes no representation that the information and materials at this Site are appropriate or available for use outside the United States, and accessing the Site from territories where use of such information or materials is illegal is prohibited.
You may not use, export or re-export the materials at this Site or any copy or adaptations in violation of any applicable law or regulation including without limitation U.S. export laws and applicable regulations. If you access this Site from outside the United States, such access is on your own initiative and you are responsible for compliance with applicable country and local laws.
15. Errors, Completeness and Modifications
This Site may contain errors or inaccuracies and may not be complete or current. Briggs & Stratton may fix the errors or update the Site at any time without prior notice, but Briggs & Stratton is under no obligation to update the Site or correct any errors. Briggs & Stratton may suspend or discontinue the Site or modify or remove materials from the Site at any time without prior notice.
16. Forward Looking Statements
This Site may contain forward looking statements that might be based on assumptions concerning Briggs & Stratton’s operations, prospects or future results. These forward looking statements are subject to risks and uncertainties, and certain factors may cause actual results to differ materially from the forward looking statements. These factors are discussed in Briggs & Stratton’s filings with the Securities & Exchange Commission.
17. Governing Law
Except for the Arbitration Agreement in Section 17, which is governed by the Federal Arbitration Act, these Terms and Conditions are governed by the laws of the State of Wisconsin, U.S.A. without giving effect to any principles of conflict of laws.
18. Mutual Arbitration Agreement
- Covered Claims. YOU AND BRIGGS & STRATTON MUTUALLY AGREE THAT ALL CLAIMS OR DISPUTES, PAST, PRESENT, OR FUTURE, THAT YOU MAY HAVE AGAINST BRIGGS & STRATTON OR THAT BRIGGS & STRATTON MAY HAVE AGAINST YOU, INCLUDING ANY CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR A VIOLATION OF THESE TERMS AND CONDITIONS, UNLESS SPECIFICALLY EXCLUDED BELOW, SHALL BE DECIDED BY AN ARBITRATOR THROUGH ARBITRATION AND NOT BY A JUDGE OR JURY OR ANY OTHER ADJUDICATORY PROCEEDING (“Arbitration Agreement”). However, the only claims and disputes subject to arbitration are those that, in the absence of this Arbitration Agreement, could be brought under applicable law.
- Authority. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of the Arbitration Agreement. The preceding sentence shall not apply to the Class Action Waiver described in Section 17(e) below. Regardless of anything else in these Terms and Conditions and/or the American Arbitration Association (“AAA”) rules or procedures, any dispute relating to the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Governing Law. This Arbitration Agreement and this Section 17 are governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) (“FAA”).
- Excluded Claims and Disputes. You and Briggs & Stratton agree that the following claims or disputes are excluded from and not covered by this Arbitration Agreement: (1) any claim or dispute seeking to enforce or protect, or concerning the validity of, any of your or Briggs & Stratton’s intellectual property rights; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief. Additionally, nothing in this Arbitration Agreement prevents making a report to or filing a claim or charge with a government agency. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. The parties agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver").
- Rules/Standards Governing Proceeding. The arbitration will be conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the AAA and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org).
- A party who wishes to arbitrate a claim or dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the claim or dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law and these Terms and Conditions, but remedies shall be limited to those that would be available to a party in his or her individual capacity. No remedies that otherwise would be available under applicable law will be forfeited. The arbitrator shall apply the substantive federal, state, or local law applicable to the claims asserted. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The arbitration proceeding shall take place in the city or county where you reside unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
- The fees for administering the arbitration and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules).In all cases where required by law, Briggs & Stratton will pay the arbitrator's fees and the fee for administering the arbitration. If under applicable law Briggs & Stratton is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned in accordance with applicable law and the AAA Rules and/or AAA Consumer Rules, and any disputes in that regard will be resolved by the arbitrator. Parties are responsible for their own attorney’s fees, subject to any remedies to which that party may later be entitled under applicable law.
You agree to defend, indemnify and hold harmless Briggs & Stratton; its subsidiaries, affiliates, distributors, dealers and licensors; and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from, directly or indirectly: (a) your use of or inability to use the Site; (b) your violation of these Terms and Conditions, (c) your violation of any applicable law or regulation; d) your violation of the rights of another; or (e) Your Content. Briggs & Stratton reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Briggs & Stratton.
20. Right to Terminate
We reserve the right to block, deny or terminate your access to or use of the Site without notice, at any time for any reason. We may decide to cease operating the Site at any time in our sole discretion.
21. General Provisions
No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by these Terms and Conditions. A failure by us to enforce any provision(s) of these Terms and Conditions will not be construed as a waiver of any provision or right.
These Terms and Conditions constitute the entire agreement between you and Briggs & Stratton with respect to its subject matter. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect, except where prohibited by applicable state law.
You agree that, except as otherwise expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to these Terms and Conditions. All notices provided by a party in connection with these Terms and Conditions will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Briggs & Stratton. Briggs & Stratton’s address for such notices is Briggs & Stratton, LLC, Attn: General Counsel, Legal Department, and PO Box 702, Wauwatosa, WI 53202-0702. The captions in these Terms and Conditions are solely for convenience and shall not affect the interpretation of these Terms and Conditions. These Terms and Conditions shall not be modified except in writing signed by both parties or by means of a new posting by Briggs & Stratton, as described below. These Terms and Conditions shall be interpreted as if jointly drafted by the parties. Briggs & Stratton shall have no liability to you for any failure or delay in performing its obligations in these Terms and Conditions where such failure or delay is caused by an event or circumstance beyond Briggs & Stratton’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
22. Product Descriptions, Pricing and Availability
Briggs & Stratton makes available listings, descriptions, images, features, specifications and prices regarding the products and services we offer for sale on the Site (“Products”). Certain weights, measures, and other descriptions of the Products on the Site are approximate and are provided for convenience only. The inclusion of any Products on the Site does not imply or warrant that these Products will be available upon time of order or available at the previously listed price.
All prices posted on this Site are subject to change without notice. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Online prices may vary between pricing in retail stores and the Sites.
Always read labels, warnings, directions, and other information provided with the Product before using the Product.
23. Product Orders; Confirmations; Rejections or Cancellations
You may place an order for a Product shown on our Site by using our shopping cart. When you place an order using our shopping cart, we will confirm product pricing and availability. If you are using a promotional code, you must enter that code at checkout in the designated 'Promo Code' field to redeem the promotion.
If the Product is available when you place your order, we will send you an email confirming receipt of your order. The order confirmation shall include the price and shipping information.
Your receipt of an order confirmation from us is not an acceptance of your order. Briggs & Stratton reserves the right after receipt of your order to accept or decline your order for any reason.
If we reject or cancel your order, we will attempt to notify you using the e-mail address you have provided with the order. We generally do not charge your credit/debit card or debit your bank account if we reject an order. However if we have processed a payment, we will process a refund if a charge has been made against your card or your bank account. Individual bank policies will control when this amount is credited to your account.
We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product; (ii) impose conditions on the honoring of any promotional code, or other similar promotion; (iii) bar any user from making or completing any or all on-line purchases; and (iv) refuse to provide any user with any Product.
24. Price, Taxes and Shipping Charges
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products at the price listed when you place the order. You must pay for Products in U.S. Dollars using one of the payment methods provided on this Site. We must receive payment before our acceptance or shipment of an order.
Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your Product total and will be itemized in your shopping cart and in your order confirmation email. Generally, you will not be charged for your order until the order ships.
25. Payment Methods
You must pay for the Products offered on the Site using one of the payment methods made available to you. We accept Visa, American Express, Mastercard and Discover for all purchases.
You will be required to supply certain personal information relevant to your purchase, including without limitation your name, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. By submitting such personal information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.
You represent and warrant that: (i) the payment information you provide to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) your bank or credit card company will honor charges incurred by you and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
If you provide untruthful or inaccurate information, you have violated these Terms and Conditions and we may cancel your order.
We do not generally charge your credit card or debit card until we either ship the order to you or confirm availability. However, we may pre-authorize your order amount with your credit/debit card issuer at the time you place the order, which may have an effect on your available credit.
When you pay by check, you authorize Briggs & Stratton or its check processing designee(s) to use information on your check to make a one-time electronic debit from your account at the financial institution indicated on your check. This electronic debit will be for the amount of your check; no additional amount will be added to this amount. If we cannot collect your electronic payment, we will issue a draft against your account. If you do not have sufficient funds in your account, a fee of $25 will be debited electronically from your account.
Please contact our Customer Service Department if you want to learn about other payment options.
When you place an order, we will provide you with alternative shipping options. We will ship using the method you have requested. You are responsible to pay shipping and handling costs at the time of placement of your orders.
Title and risk of loss for the Products you order pass to you upon delivery of the products to the shipment carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. Estimated delivery times are determined based on the method of shipping chosen when Products are purchased and the destination of the Products. We are not liable for any delays in shipment.
We will ship your Products to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions. We limit the delivery of the Products outside the US. If we cannot ship the Products, we will refund the entire amount you tendered including any shipping, handling, insurance, or other costs.