30-Oct-2024
ACCEPTING THE GENERAL TERMS, CONDITIONS AND WAIVER OF LIABILITY
By using a fbbbrown (Brian Brown Software) application(s), hereinafter referred to as “the app”, to enjoy the related services, hereinafter referred to as “the services”, you irrevocably agree to be bound by the general terms and conditions.
ADAPTING THE GENERAL TERMS AND CONDITIONS
fbbbrown reserves the right to adapt the general terms and conditions, the latest valid version of which can be viewed on this website, at any time and before use.
Continuing to use the app after the general terms and conditions have been changed will imply that you have irrevocably accepted the new version.
You have the option at any time not to start or continue to use the app if you do not accept the general terms and conditions in the version in force when it is used.
Duration of Use
Purchases after to May 1, 2018, your ‘Right to Use Subscription’ is valid for one (1) year. After one year, renewal of the subscription is necessary or End of Term will occur.
End of Term (eot) is defined as, the 1 year from date purchase. All services will be stopped by fbbbrown.
Purchases prior to May 1, 2018, your code purchase (Right to Use) is one (1) Garmin Device and is valid for the life* of your current Garmin device.
The device ‘Life’ is defined as, “the time the Garmin Product is functioning or four (4) years**, whatever comes first.
**Fbbbrown is giving four (4) years, which is 150%-200% of expected Lithium-ion battery life used in Garmin Devices. The typical estimated life of a Lithium-Ion battery is about two to three years or 300 to 500 charge cycles, whichever occurs first. One charge cycle is a period of use from fully charged, to fully discharged, and fully recharged again..
REFUND POLICY
Thanks for purchasing software from fbbbrown operated by Brian Brown Software.
Due to the nature of our business and products we sell, the ‘item sold’ is the ‘Right to Use’ fbbbrown software. Once the CODE/EMAIL is delivered electronically, the CODE/EMAIL cannot be returned or terminated, therefore 14 days from the date of the purchase are not eligible for a refund.
Except for the following two conditions:
Duplicate Charges will be refunded up to 30 days, Contact our customer services department (Brian) for the refund. Please provide both transactions information to speed up the process.
Fraudulent Charges (or unapproved charges) will follow the purchasing services policies (PayPal and or Stripe) . At fbbbrown, I take Fraudulent matters seriously and will help support you.
Contact our customer services department (Brian) for the refund. If anything is unclear or you have more questions feel free to contact our customer support team (Brian).
Subscription Cancellation Policy
Subscriptions can be canceled at any time during the subscription term.
If Subscription cancellation is before the Refund Period expired (14 days), purchases can be refunded, End of Term will be Immediate and use of the app will be terminated.
If Subscription cancellation is after the Refund Period, the purchase are not eligible for a refund and the End of Term will be 1 Year from purchase. At the End of term, the subscription and right to use of the app will be terminated.
Due to the nature of our business and products we sell, the ‘item sold’ is the ‘Right to Use’ fbbbrown software. Once the CODE/EMAIL is delivered electronically, the CODE/EMAIL cannot be returned or terminated.
INTELLECTUAL PROPERTY
As long as you respect the general terms and conditions, grants you a non-exclusive, non-transferable and revocable license to use the app.
All rights relating to the app and its content, as well as its functionalities, (1) are the exclusive property of fbbbrown (particularly intellectual rights connected to its design as well as its development, source code, copyright and trademarks, hereinafter referred to as the “Intellectual Rights”), (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred in full or in part within the context of the license to use the app.
By using the app, you undertake to respect fbbbrown’s Intellectual Rights, as well as those generally owned by anybody else, including in particular, not to copy, forward, download or share content without obtaining the necessary rights to do so.
If one or more points in this article are breached, fbbbrown will be entitled to remove the content in question and suspend or cancel your license to use the app without notice or compensation.
Any suggestion that you pass on to fbbbrown to adapt or improve a fbbbrown app may be used by fbbbrown free of charge, irrevocably and without any conditions.
UPDATES, NO SUPPORT OR MAINTENANCE
The app is provided to you “as-is” with no express or implied warranties. fbbbrown may extend, enhance, or otherwise modify the app at any time without notice, but fbbbrown shall not be obligated to provide you with any updates to the app. If updates are made available by fbbbrown, the terms of this Agreement will govern such updates, unless the update is accompanied by a separate license in which case the terms of that license will govern. fbbbrown is not obligated to provide any maintenance, technical or other support for the app. You acknowledge that fbbbrown has no express or implied obligation to announce or make available any updates of the app to anyone in the future.
SUSPENSION AND CANCELLATION
fbbbrown can adapt and add to the functionalities of the app or remove some of them without the need to inform you of this in advance or to offer you any compensation.
You can stop using the app when you choose, without any right to receive a
refund of any value whatsoever.
fbbbrown can at any time, without the need to give a reason, notice or compensation, suspend your ability to use the app, or withdraw the option completely, including in particular if the app is no longer available on the market, if the terms and conditions are not respected, or if use of the app may be disrupted for you or one or more other users, or cause damage to fbbbrown or to a third party.
The suspension or cancellation of the license to use the app will mean that you will no longer have any access to the app, without you having any recourse against fbbbrown.
YOUR RESPONSIBILITY
You are responsible for the information that you pass on to fbbbrown with a view to them granting you a license to use the app. You confirm that it is correct and you undertake to pass on any modifications to fbbbrown.
You are fully and exclusively responsible, without any recourse against fbbbrown, for using the app and any consequences of that use.
Specifically, you are responsible for the confidentiality of any codes and passwords allowing you to use the app, and access to your information as well as this use and this access by any third party, whether or not they are authorized by you.
In particular, you undertake (1) not to abuse your use of the app, (2) not to disrupt or interrupt use of the app by one or more users, (3) not to make the app available to third parties via unauthorized distribution channels, (4) not to use the app if you are below the minimum age required, which is 13 or more in some countries, (5) not to publish or share content that is obscene, pornographic or that incites sectarianism or religious, racial or ethical hatred, (6) not to break the law in any way, including in particular by storing, publishing or sharing content that is fraudulent, defamatory, deceptive or infringes other people’s privacy or rights.
If the license to use the app has been granted by fbbbrown to your employer, the latter may at any time have access to your information and suspend or withdraw your ability to use it.
RESPONSIBILITIES
fbbbrown is under no circumstances responsible for use of the app by the users, whether that is you or third parties to whom you have voluntarily or involuntarily given access to your information, or for the consequences of this for each of them and for third parties.
If the app relates to a publication or an exchange of information or content between users, fbbbrown will under no circumstances be responsible for the content published and shared, which it is not bound to control.
The app is made available to users at the current stage of its development.
fbbbrown does not offer any guarantee relating to the app.
Specifically, without this list being exhaustive, it does not guarantee that the app does not contain any programming or other errors, that it meets all the expectations of every user, that it will not be the subject of any malfunctions, that use will never be interrupted or not possible, that it can be used in any location, that there will be no loss of content or any other information, that it is suitable for a particular use or that there will never be any problem transferring or saving data.
As a result of this, neither fbbbrown nor any of its employees, subcontractors, suppliers or distributors, will have to provide any compensation to anybody (whether or not they are users) if there is any direct or indirect damages (e.g. damages for loss of earnings or profit) resulting in particular from one of the circumstances described in the previous
paragraph.
Lastly, if compensation has to be provided for any damages in accordance with a law, this compensation cannot cover indirect damages or be greater than three times the total amount paid by you to fbbbrown for the license to use the App.
COMMUNICATION
You agree that fbbbrown can contact you by any means, whether electronic or not, with information about the app or other products developed or marketed by them and, to this end, you undertake to keep your contact details up-to-date.
If you would like to stop receiving these messages at a later date, all you need to do is inform fbbbrown by sending a message via the link provided on the download page of the apps.
APPLICABLE LAW AND DISPUTES
Any dispute between fbbbrown and you will be referred to the exclusive jurisdiction of the courts of its registered offices in United States.
If fbbbrown needs to serve you with notice of proceedings it can commence proceedings at the court dealing with those proceedings. In any case, the court dealing with the proceedings will apply to United States law.
MISCELLANEOUS
You cannot transfer to anybody else the rights and responsibilities resulting from the license to use the app, which is granted to you by fbbbrown.
If fbbbrown does not call for the application of one or more clauses of these general terms and conditions, this cannot be interpreted as their relinquishment of the right to demand that it is applied.
Waiver of Liability
By purchasing fbbbrown (Brian Brown Software), I acknowledge and agree that exercising, sporting activities, events, racing and using exercise equipment comes with inherent risks including, but in no way limited to: (1) moderate and severe personal injury, (2) property damage, (3) disability, and/or (4) death. I voluntarily accept and assume full responsibility for these risks as well as any and all other risks (while using fbbbrown Brian Brown Software). I agree that I have full knowledge of the nature and extent of all such risks and am not relying on all such risks being described in this document.
Waiver, Release, Indemnification & Covenant Not to Sue
In consideration of the use of GARMIN products and purchasing fbbbrown (Brian Brown Software), I the purchaser, agree that fbbbrown (Brian Brown Software), its officers, directors, agents, employees, volunteers, insurers and representatives (“Releasees”) will not be liable for any personal injury, property damage, disability, or death by myself, my family members, dependents, or guests, including minors. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, disability, death, sickness or disease sustained from the use of GARMIN products with fbbbrown (Brian Brown Software) applications.
By purchasing fbbbrown (Brian Brown Software), I further agree, on behalf of myself and any and all legal successors and proxies, to release and HEREBY DO RELEASE, WAIVE AND COVENANT NOT TO SUE Releasees from any causes of action, claims, suits, liabilities or demands of any nature whatsoever including, but in no way limited to, claims of negligence, which I and any and all legal successors and proxies may have, now or in the future, against Releasees on account of personal injury, property damage, disability, death, sickness, diseases or accident of any kind, arising out of or in any way related to the use of Facilities or participation in Programs, whether that participation is supervised or unsupervised, however the injury or damage occurs, including, but not limited to the negligence of Releasees.
By purchasing fbbbrown (Brian Brown Software), I agree to INDEMNIFY AND HOLD HARMLESS Releasees from any and all causes of action, claims, demands, losses, suits, liabilities or costs of any nature whatsoever, including claims of negligence, arising out of or in any way related to the use of Brian Brown Software by myself, my family members, dependents or guests, including any minors.
