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Terms and Conditions

As of 5/12/2012

Welcome to the Briggs & Stratton website (the "Site") of the Briggs & Stratton Corporation (“Briggs & Stratton” or the “Company”). By accessing this Site, you represent to Briggs & Stratton Corporation that you are at least 18 years old (or the age of majority in the jurisdiction in which you reside) and that you have the right, authority, and capacity to agree to and age to be bound by this agreement. The following terms and conditions (together with any documents referred to in them) apply to your use of briggsandstratton.com, including any of the Site’s content, functionality and services offered on or through the Site, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, you accept and agree to abide by these Terms of Use and our Privacy Policy, incorporated here by reference, whether you have read them or not. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Site.

Intellectual Property

You should assume that everything you see or read at this Site is copyrighted unless otherwise noted and that you may not use any of these materials except as provided in these terms and conditions. The Site and any necessary software used in connection with the Site, the collection, compilation, assembly and arrangement of all images, photography, graphics, artwork, text and other information and material found on the Site, all Marks (defined below) and other intellectual property relating thereto and all information and data collected through the Site are owned by Briggs & Stratton Corporation or its affiliated companies, suppliers, or partners and contains proprietary information that is protected by all applicable intellectual property laws. The Company name, the term Briggs & Stratton, the Company logo and all related names, logos, product and service names, designs and slogans , whether registered or unregistered (collectively “Marks”) are trademarks of the Company or its subsidiaries, affiliates or licensors. You must not use or display such Marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

Accuracy and Appearance of Site Information

Reasonable care has been taken to ensure that all information on the Site is true and correct; however, the Site may unintentionally contain inaccurate information, whether due to the age of information, error or omission. Product specifications and colors on the Site are subject to change without notice. Colors shown are indicative only and may vary from the actual product paint color due to the variances in desktop screens.

User Requirements

You will use the Site only for purposes of obtaining information about the Company’s products or services, communicating with the Company about its products or services and other purposes for which the Site is intended. You will not use the Site in violation of the Terms and Conditions of Use or the copyright, trademark, trade secret, privacy, or other rights of any third party or for any other unauthorized or illegal purpose.

You must not upload, post, email, hack, or otherwise send or transmit any material to the Site that is offensive or contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or Site content associated with the Site. You may not “scrape”, “frame” or “mirror’ any parts of the Site without the Company’s written permission.

You may not use the Site for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

Operator's Manual

The Operator’s Manuals available on this Site are provided as a convenience to you only. You are not authorized to download the Manuals except for personal use in connection with equipment or engines you own or operate. You are responsible for entering the correct equipment model number or engine model, type, and trim to retrieve the correct Operator’s Manual. Briggs & Stratton is not responsible for any damages resulting from the use of an incorrect Operator’s Manual or an Operator’s Manual obtained from the Site, or resulting from your negligent acts or omissions when using such Operator’s Manual.

Disclaimers of Warranties

THE MATERIALS OF THIS SITE ARE MADE AVAILABLE "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. BRIGGS & STRATTON UPDATES THE INFORMATION AT THE SITE PERIODICALLY, BUT IT MAKES NO WARRANTY OR REPRESENTATION AS TO IS ACCURACY AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. 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.

Limitation of Liability

IN NO EVENT SHALL BRIGGS & STRATTON, ITS AFFILIATES, SUCCESSORS OR ASSIGNS, ITS SUPPLIERS, 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, CONSEQUENTIAL OR PUNITIVE DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB 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 MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME ALL COSTS OF SUCH ACTIVITIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

User Participation and Submissions

This Site may contain an active forum where users are allowed to post comments. The comments posted by users to this Web Site are not endorsed in any way by Briggs & Stratton. Briggs & Stratton is not in any manner responsible for the content of these comments. Briggs & Stratton reserves the right to block or remove user comments for any reason at any time. Briggs & Stratton also reserves the right to use, copy or republish user comments for any purpose in any media.

Users should not send any confidential or proprietary information 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. Briggs & Stratton has no obligation to keep any submissions or posts confidential. Briggs & Stratton or its affiliates may use and further disclose anything you transmit or post to this Site in any manner and for any purpose. Briggs & Stratton has no obligation to respond to user submissions or user posts.

If you believe that an entry violates your copyright, 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 Corporation
Attn: IP Counsel 
PO Box 702
Wauwatosa, WI 53202-0702
 
In addition, 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; and (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. 
 
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.

Links to Third Party Web Sites

This Site may contain links to third party sites as a convenience to you, but Briggs & Stratton makes no representations whatsoever about those sites. Any links to a third party site does not imply that Briggs & Stratton is affiliated with or connected to the third party linked site. Briggs & Stratton makes no warranties regarding the content or activities of the linked site. If you choose to access the third party linked site, you do so at your own risk.

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.

International and Export Issues

This Site is administered by Briggs & Stratton Corporation based in Milwaukee, Wisconsin. Briggs & Stratton makes no representation that materials at this Site are appropriate or available for use outside the United States, and accessing the Site from territories where use of such material is illegal is prohibited. You may not use or export or re-export the materials at this Site or any copy of 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.

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 this Site at any time without prior notice.

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.

Governing Law

These terms and conditions are governed by the law of the State of Wisconsin, without giving effect to any principles of conflict of laws. Briggs & Stratton reserves the right to modify these terms and conditions at any time. You should review these terms and conditions and those elsewhere on Briggs & Stratton’s site often since they are binding upon you, may be modified periodically, and may be superseded by specific terms elsewhere on Briggs & Stratton’s site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and consent to the changes.

Indemnification

You agree to defend, indemnify and hold harmless Briggs & Stratton; its subsidiaries, affiliates 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 your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Right to Terminate

We reserve the right to terminate the use of this Site and our Services without notice, at our sole discretion. We may decide to cease providing our services at any time in our sole discretion.

Firmwide:111574751.1 052740.1000

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