- Acceptance. By using or visiting the Content or any of its components, you signify your agreement to these Terms. If you cannot abide by these Terms, then you must not access the Content. Your access and use of the Content constitutes valuable consideration to secure all legal obligations contained in these Terms. Wells may, from time-to-time, modify the Terms and will provide notice to you by posting revised terms with the Content. You also agree to third-party software license terms issued by YouTube, which may access at http://www.youtube.com/t/terms,
- Learned Intermediary. You are the master of your garage and are solely responsible for taking all safety precautions and for properly diagnosing and correctly repairing the vehicle that you are working on. The Content is not a substitute or replacement for your independent judgment.
- No Warranty. WELLS OFFERS THE CONTENT ON AN AS-IS BASIS AND WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OF MERCHANTABILITY. WELLS DOES NOT WARRANT THAT THE CONTENT IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
- Limitation of Liability. NEITHER WELLS NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE, AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WELLS OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WELLS’ TOTAL LIABILITY TO YOU SHALL BE LIMITED TO THE LESSER OF THE AMOUNT YOU PAID FOR ACCESS TO THE CONTENT OR ONE DOLLAR ($1.00).
- Indemnity. You agree to indemnify, defend and hold Wells, its affiliates, and each of their directors, officers, employees and suppliers of third-party content, from and against any and all demands, causes of action, losses or suits arising out of your use of the Content, your negligence or you willful misconduct unless arising solely due to the gross negligence or intentional misconduct of Wells.
- Basis of the Bargain. The Terms set forth above are fundamental elements of the basis of your access of the Content and the agreements herein which apply to you. Wells would not be able to provide access to the Content on an economic basis without your agreement to the No Warranty, Limitation of Liability and Indemnity provisions above.
- Governing Law and Venue. You agree that the laws of the State of Illinois shall govern these Terms, without giving effect to principals of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in Cook County, Illinois, or the federal courts in the Northern District of Illinois. In each case these Terms shall be construed and enforced without regard to the United Nations Convention of the International Sale of Goods.
- Entire Agreement. These Terms contain the complete agreement between the parties with respect to your access to the Content and supersede all prior or contemporaneous agreements or understanding, whether oral or written.
- Savings Clause. If any provision of these Terms shall be held by a court of competent jurisdiction to be contrary to the law, such provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms shall remain in force.