Any sale made by Brownlow to you, Brownlow warrants that the product is as described or pictured on the site and that it will be delivered to you undamaged. All product sold by Brownlow is warranted to be new and from a manufacturer that Brownlow has been authorized by to sell. All other warranties of any kind, whether express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement are hereby expressly disclaimed.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Brownlow.com site is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
Brownlow shall not be liable for any direct, indirect, Incidental, special or consequential damages resulting from the use of the Brownlow site whatsoever, whether in an action under contract, negligence or any other theory, arising out of or in connection with the use, Inability to use, or performance of the information, services, products and materials available from this site. These limitations are applicable notwithstanding any failure of an essential purpose.
Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of warranty for consequential or incidental damages, the above limitations on warranties may not apply to you.
Indemnification and Applicable Law
In addition to any other indemnification contained under these terms, you agree to indemnify and hold Brownlow, its parent, subsidiaries, affiliates, officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any party due to or arising out of your use of the Brownlow site, the violation of these terms or the infringement by you of any intellectual property or other right of any person or entity.
The interpretation of these terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions. In the event that any of these terms conflict with the laws under which they are to be construed or if any provisions are held invalid by a court with jurisdiction over the parties to the terms, such provision will be deemed to restated to reflect as nearly as possible the intention of the parties in accordance with applicable law, and the remainder of these terms will remain in full force and effect.
The failure of any party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right hereunder will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, they will be and remain in full force and effect.