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Thank you for reading The Brake Group’s Terms & Conditions. Please read them carefully before using our site and services. Through The Brake Group (Our, we, us) website: www.AmberBrake.com (the "Site") and via other means, we provide a platform for clients, individuals, and organizations to contact us for information, respond to surveys, subscribe to receive information, or register for webinars, conferences, and other related activities, with third-party companies and other entities and persons (the "Third Parties").
Our marketplace, platform, and related functionality, whether provided through the Site or other means, are collectively referred to as the services (the "Services"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.
These Terms apply to all visitors, users, and others who wish to access or use the Service. By using the Site and Services, you agree to be bound by these Terms & Conditions. If you do not agree with any part of these Terms & Conditions, you must not use the Site or Services. Your continued use of the Site or Services will constitute your acceptance of these Terms & Conditions, as they may be modified from time to time, with or without notice to you. Please check this page regularly for updates to The Brake Group’s Terms & Conditions.
1. Scope of The Brake Group’s Website
As described below in Section 4, The Brake Group cannot control any aspect of any financial transaction with Third Parties, and the Third Parties are solely responsible to you for all aspects of financial transactions.
2. Permitted Use and Compliance with Laws
The Brake Group authorizes you to access, view, and use the Site content and any affiliated software (collectively, the "The Brake Group Property") solely to the extent necessary to use the Services. You may not remove copyright, trademark, or other proprietary notices on The Brake Group Property. You may not systematically retrieve data or other content from Our Property. Except as expressly permitted by these Terms & Conditions, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing, or otherwise exploiting in any way The Brake Group Property, or any portion of Our Property, is strictly prohibited without the prior written permission of The Brake Group.
You agree that you will comply with all applicable laws, regulations, and ordinances relating to the Site and Services, Our Property, or your use of them and that in using the Site and Services, you will not engage in any conduct that restricts or inhibits any other person from using or enjoying the Services.
3. Copyright and Trademarks
The Service and its original content, features, and functionality are and will remain the exclusive property of The Brake Group and its licensors, except as otherwise indicated, all materials on or in the Site, including without limitation the Brake Group logo and other trademarks and service marks, are the property of The Brake Group and/or its affiliates or licensors, including the Third Parties, and are protected by state and federal copyright and trademark laws, all rights reserved. You may use materials obtained from the Site for the permitted purposes outlined in these Terms & Conditions, provided that the following copyright notice appears in all copies of any downloaded or printed materials: "© 2024 AmberBrake.com, Inc. All rights reserved." Any other use is prohibited.
4. The Brake Group’s Services and Third Party Services and Sites
The information and materials provided on the Site and through the Services are intended for general reference and educational use only and may not describe all of the terms, conditions, and exceptions applicable to The Brake Group's Services. We present information from Third Parties through Our Site and Services, including prices offered for items, item descriptions, certain third-party terms of service, and other information ("Third Party Information"). We cannot control and are not responsible for the accuracy of any third-party information.
At times, our Site may have links to websites hosted by the Third Parties and other entities (the "Additional Sites"), or such Additional Sites may have links to Our Site. These links are offered as a convenience and for informational purposes only, not as referrals or endorsements by The Brake Group of the Additional Sites. The Additional Sites are maintained by their respective organizations, and those organizations are solely responsible for the content of their websites. We do not verify nor make any warranty or representation about the content, accuracy, opinions expressed, warranties, products or services, intellectual property compliance, or links of such Additional Sites. You should read all Additional Sites' privacy policies and Terms & Conditions agreements.
5. Privacy and Passwords
We value and protect the privacy of your information. Please review Our Privacy Policy, which contains important information about your use of the Site and Services. Some portions of the Site are protected and require a user identification code ("User ID") and password for access. Unauthorized access or use of such portions of the Site is prohibited. You agree that you will notify Us immediately if you believe that a third party has obtained your User ID or password or if you believe that any unauthorized access or use may occur or has occurred. For your protection, We believe that if any unauthorized access has occurred, We may terminate access without prior notice. You also agree that we are permitted to act upon any instructions received using your User ID and password and to consider such instructions as you authorize.
6. Customer Accounts
a. Registration and Basic Account Terms: Members are visitors to the site or those using the Services that choose to register or create an account with Us ("Customer "). Once registered, an account is created for each Customer ("Customer Account"). If you choose to register as a Customer, you represent and warrant to us that: (i) you are of legal age to form a binding contract; (ii) you will provide us with accurate, current, and complete registration and contact information, and keep your information updated; and (iii) your registration and your use of the Services are not prohibited by law. We reserve the right to suspend or terminate your Customer Account or your access to the Site and/or Services if you breach any of the Terms & Conditions or other applicable policies.
b. Password and Account Security: You will create a Password and a User ID for your account. You are responsible for keeping your Password confidential and secure and for all actions taken using it.
c. Age: To create an Account or to otherwise use this Website, you must be at least eighteen (18) years old or the age of majority in your state or province of residence, whichever is greater.
7. Inactive Accounts
a. Inactive Status: A Customer’s Account may be set to inactive if there has been no activity associated with it for 90 days.
8. Warranty Exclusions and Limitations of Liability
In no event shall The Brake Group nor its shareholders, directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions, Personal Identifiable Information, or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. The Brake Group and its subsidiaries, affiliates, and licensors do not warrant that: (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components, or; (iv) the results of using the Service will meet your requirements.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM THE COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICES AND THE BRAKE GOUP WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICES OR THE BRAKE GROUP SERVICES, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICES OR THE BRAKE GROUP PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
IN ANY EVENT, THE BRAKE GROUP'S MAXIMUM AGGREGATE LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE SERVICES OR THE BRAKE GROUP PROPERTY SHALL BE A REFUND OF THE AMOUNT PAID BY YOU TO US, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
9. Indemnity
Customer agrees to indemnify and hold The Brake Group, its licensee and licensors, and their employees, contractors, agents, officers and directors our affiliates, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out, directly or indirectly, of (i) your access to or use of Services and use of the Website; (ii) any content obtained from the Website or Service; and (iii) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose; (iv) your violation of these Terms & Conditions, or; (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Us, and you agree to cooperate with our defense of these claims. Suppose a claim is made for malpractice or negligence resulting from the actions, in whole or in part, by You. In that case, You agree to subrogate to The Brake Group all insurance rights and payments in any insurance policy You have or are subject to. You agree not to settle any matter without Our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. The Brake Group shall not be held liable and shall be indemnified by You for claims made by third parties arising from actions taken in whole or in part by You. The Brake Group shall not be held liable for consequential damage claims made by You or Third Parties.
10. Applicable Law, Jurisdiction, Compliance
The Brake Group and you agree that all matters arising from or relating to the use and operation of the Site and/or the Services will be governed by the substantive laws of the State of Arizona without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use, or other exploitation of the Site and/or the Services will be heard and resolved in the federal and state courts located in Prescott, Arizona, in Yavapai County. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts.
11. Miscellaneous Provisions
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you concerning any of these Terms & Conditions will impair any such right or be construed as a waiver thereof. A waiver by us of any of the covenants, conditions, or agreements to be performed by you will not be construed as a waiver of any succeeding breach thereof or any other covenant, condition, or agreement contained hereof. As used in these Terms & Conditions, "including" means "including but not limited to."
If any provision of these Terms & Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, then these Terms & Conditions will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, these Terms & Conditions set forth the entire agreement between you and The Brake Group regarding its subject matter and supersedes all prior promises, agreements, or representations, whether written or oral, regarding such subject matter. You agree that the electronic text of these Terms & Conditions constitutes a writing, and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.
12. Information Collection, Use, and Sharing
By submitting information to The Brake Group contact, registration, or other similar form you understand that you may be contacted by Our representative or a representative. You may be contacted via telephone, email, text, or prerecorded message regarding Our programs, offers, events, announcements, and offers from The Brake Group's third-party marketing partners. If you respond to any such communication, your information will be subject to The Brake Group’s Privacy Policy and third party's terms and conditions, as applicable.
By providing us your phone number and/or e-mail address, you grant Us permission to use text messages, prerecorded voice, and/or automatic telephone dialing systems to contact you, electronic mail, and/or deliver The Brake Group-related information, offers, or announcements. You also agree that We may attempt to contact you via any telephone number or e-mail address you provide, even if it is a mobile telephone number, which may result in charges to you. You can opt out of Our email messaging at any time.
13. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. All provisions of the Terms that should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you disagree with the new terms, you can no longer use the Service.
15. Term of Agreement
These Terms and Conditions and any terms and conditions in any Agreement, Retainer, or Representation Agreement shall inure indefinitely, even after the end of services or payment for services rendered by The Brake Group or any affiliate.
16. Contact Us
If you have any questions about these Terms, please get in touch with us at info@AmberBrake.com.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational and educational purposes only. Information on this website and its blog posts may not constitute the most up-to-date legal or other information, and the choice of a lawyer is an important decision and should not be solely based on the information referenced herein.
This website may contain links to other third-party websites. Such links are only for the convenience of the reader, user, or browser; the website’s owner, host entity, or affiliated entity(s) do not recommend or endorse the contents of any third-party sites.
Clients of site shall rely solely upon individual advice rendered pursuant to a retainer agreement signed by both parties. Owner of site is licensed in Arizona and Wisconsin specifically. Owner practices nationwide based the ABA Rules on Multijurisdictional Practice and a primary location includes The Brake Group, 5684 E SR 69 Suite 115 Prescott Valley AZ 86314.
No reader, user, or browser of this site should act or refrain from acting based on information on this site. Only your individual attorney in your jurisdiction can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and website authors, contributors, contributing law firms, employees, affiliates, or committee members and their respective employers. Submitting or participating in a chat, a Contact Us form or any other communication device on the site does not constitute an attorney-client relationship or privilege. Those types of communication are not necessarily secure or confidential as the internet is not a safe space. All types of risks exist, no matter how hard a site owner works to make it safe. Please refrain from sending any information that is considered private or confidential in any way.
The views expressed at, or through, this site are those of the individual authors writing in their individual capacities only. All liability with respect to actions taken or not taken based on the contents of this site are hereby expressly disclaimed. The content on this posting is provided "as is;" no representations are made that the content is error-free.
The company's name, The Brake Group, does not imply that more than one attorney, Amber Brake, is licensed as outlined above. It describes a group of professionals with a wide range of skills and expertise, including those outside of a law license. It also describes expertise in health care, hospital administration, contracting, finance, and other similar services to advance the Clients’ interests.
HIPAA DISCLAIMER
This website is not used to collect, process, store, display, or transmit protected health information (PHI), and thus, it does not follow HIPAA regulations. If you are a Client, do not upload, store, or transfer data on this website or any of its links. This site is not set up to function in that manner. The site owner has a HIPAA-compliant method for handling PHI. This website is solely a platform to educate and promote our business.
Amber Brake, JD, MHA, FACHE, CHC
Copyright © 2024 Amber Brake - All Rights Reserved.
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