User Agreement
Last Updated: March 20, 2005
Welcome to the User Agreement for LOGO emPowered Technology provided
on this site by B & J Promo by Design. This agreement describes the terms
on which you may access and use our LOGO emPowered services. In order to become
a user, you must read and accept all of the terms and conditions of this
agreement and the Privacy Policy. If you do not agree to be bound by the terms,
you may not use or access our services.
We reserve the right to modify this Agreement at any time, and without
prior notice, by posting amended terms on this website. Your continued use of
the LOGO emPowered service indicates your acceptance of the amended User
Agreement.
Description of Service
LOGO emPowered Technology is an online service offered by promotional product
professionals to their customers to visualize and create decorated or LOGO
merchandise more accurately prior to purchase. The LOGO emPowered
software provides tools for the website Host to communicate and process your
orders more efficiently and accurately by displaying artwork in the designated
location on the merchandise.
Use of Service
Your use of the LOGO emPowered Service is governed by this User Agreement. B & J Promo by Design
may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your
password and account, and are fully responsible for all activities that occur
under your password or account with or without your knowledge. If you knowingly
provide your login and password information to another person, your account
privileges may be suspended temporarily or terminated. You agree to immediately
notify B & J Promo by Design of any unauthorized use of your password or account or
any other breach of security. B & J Promo by Design cannot and will not be liable for
any loss or damage arising from your failure to comply with this section.
Termination
You agree that B & J Promo by Design may, with or without cause,
immediately terminate your account and access to the LOGO emPowered Service
without prior notice. Without limiting the foregoing, the following will lead
to a termination by B & J Promo by Design of a user's use of the LOGO
emPowered Service (a) breaches or violations of this User Agreement or other
incorporated agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account deletions),
(d) unexpected technical issues or problems, and (e) extended periods of
inactivity. Termination of your The Logo Network account includes (a)
removal of access to all offerings within the LOGO emPowered Service, (b)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (c) barring
further use of the LOGO emPowered Service. Further, you agree that all
terminations shall be made in B & J Promo by Design's sole discretion and that B & J Promo by Design
shall not be liable to you or any third-party for any termination of your
account or access to the LOGO emPowered Service.
User Conduct
You understand and agree not to use B & J Promo by Design to:
- Post content or initiate
communications which are unlawful, libelous, abusive, obscene,
discriminatory, or otherwise objectionable.
- Use the LOGO emPowered Service
for any illegal purpose, including but not limited to conspiring to
violate laws.
- Falsely state, impersonate, or
otherwise misrepresent your identity, including but not limited to the use
of a pseudonym, or affiliations with a person or entity, past or present.
- Upload, post, email, transmit
or otherwise make available any content or initiate communications which
include information that you do not have the right to disclose or make
available under any law or under contractual or fiduciary relationships
(such as insider information, or proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements).
- Upload, post, email, transmit
or otherwise make available any content or initiate communication that
infringes upon patents, trademarks, trade secrets, copyrights or other
proprietary rights.
- Collect or store personal data
about other users, including but not limited to information about another
user's work experience, skills, or reputation information.
- Upload, post, email, transmit
or otherwise make available any unsolicited or unauthorized advertising,
promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation.
- Upload, post, email, transmit
or otherwise make available any material that contains software viruses or
any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or
telecommunications equipment.
- Stalk or harass anyone.
- Forge headers or otherwise
manipulate identifiers in order to disguise the origin of any
communication transmitted through the LOGO emPowered Service.
- Interfere with or disrupt the LOGO
emPowered Service or servers or networks connected to the LOGO emPowered
Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the LOGO emPowered Service.
International Use
Recognizing the global nature of the Internet, you agree to comply with all
applicable local rules including but not limited to rules regarding online
conduct and acceptable content. Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
In the course of using the LOGO emPowered Service, users may provide
information about themselves which may be visible to certain other users (see
our Privacy Policy to learn more about information collected on this website).
You understand that by posting materials on the B & J Promo by Design website or otherwise
providing materials to B & J Promo by Design, you are granting to B & J Promo by Design
a royalty-free, perpetual, irrevocable license to use this information in the
course of offering the LOGO emPowered service. Furthermore, you understand that
B & J Promo by Design retains the right to reformat, excerpt, or translate any
materials submitted by you. You understand that all information publicly posted
or privately transmitted through the LOGO emPowered Service is the sole
responsibility of the person from which such content originated and that B & J Promo by Design
will not be liable for any errors or omissions in any content. You understand
that B & J Promo by Design cannot guarantee the accuracy of any merchandise
information within the B & J Promo by Design database. Additionally, we cannot
guarantee the authenticity of any data which Vendors may provide about
themselves or merchandise they sell within the LOGO emPowered Service.
Access to Service
Use of manual or automated software, devices, or other processes to "crawl" or
"spider" any web pages contained in the B & J Promo by Design website is strictly
prohibited. You agree not to monitor or copy, or allow others to monitor or
copy, our web pages or the content included herein. You also agree not to
"frame" or otherwise simulate the appearance or function of this website.
Furthermore, you agree not to take any action that interferes with the proper
working of or places an unreasonable load on our infrastructure, including but
not limited to unsolicited communications, attempts to gain unauthorized
access, or transmission or activation of computer viruses.
TLN Communications
In the course of providing you services, B & J Promo by Design may need to communicate
with you via email (see our Privacy Policy to learn more about communications).
You agree to receive emails which are specific to your account and necessary
for the normal functioning of the LOGO emPowered Service, including a series of
progress reports and service update emails which help inform users about
various features of the LOGO emPowered Service. You also agree to have your
name and/or email address listed in the header of certain communications which
you initiate through the LOGO emPowered Service.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the LOGO
emPowered Service, we are not obligated to do so. And since we do not, and may
not have the ability to, control or actively monitor content we don't guarantee
its accuracy, integrity or quality. Because community standards vary and
individuals sometimes choose not to comply with our policies and practices, in
the process of using our website, you may be exposed to content that you find
offensive or objectionable. You can contact our Customer Service Department to
let us know of content that you find objectionable. We may investigate the
complaints and violations of our policies that come to our attention and may
take any action that we believe is appropriate, including, but not limited to
issuing warnings, removing the content or terminating accounts and/or
subscriptions. However, because situations and interpretations vary, we also
reserve the right not to take any action. Please remember that you can always
choose to refrain from using any part of the LOGO emPowered Service that may
expose you to something that you are uncomfortable with. Under no circumstances
will we be liable in any way for any content, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of, access to, or denial of access to any
content on the website.
Indemnification
By utilizing the B & J Promo by Design website you are hereby accepting
this User Agreement, you agree to indemnify and otherwise hold harmless B & J Promo by Design
and B & J Promo by Design (provider of the LOGO emPowered Technology), its
officers, employees, agents, subsidiaries, affiliates and other partners from
any direct, indirect, incidental, special, consequential or exemplary damages
resulting from i) your use of the LOGO emPowered Service; ii) unauthorized
access to or alteration of your communications with or through the LOGO
emPowered Service, or iii) any other matter relating to the LOGO emPowered
Service. Any business transactions which may arise between users from their use
of B & J Promo by Design are the sole responsibility of the users involved.
You understand and agree that B & J Promo by Design may disclose
information if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to comply with legal process, enforce this
User Agreement, or protect the rights, property, or safety of B & J Promo by Design,
its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE LOGO EMPOWERED SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS AND THAT B & J Promo by Design DOES NOT ASSUME ANY
RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER
INFORMATION OR COMMUNICATIONS BETWEEN USERS. TLN ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. B & J Promo by Design
EXPRESSLY DISCLAIMS ALL 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.
B & J Promo by Design MAKES NO WARRANTY THAT (i) THE LOGO
EMPOWERED SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE LOGO EMPOWERED SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE LOGO EMPOWERED SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LOGO EMPOWERED SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
LOGO EMPOWERED SERVICE IS DONE 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 ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM B & J Promo by Design OR THROUGH OR FROM THE LOGO EMPOWERED SERVICE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Entire Agreement
The User Agreement constitutes the entire agreement between you and B & J Promo by Design
and governs your use of the LOGO emPowered Service, superceding any prior
agreements between you and B & J Promo by Design.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT B & J Promo by Design SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF B & J Promo by Design HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO
EVENT WILL B & J Promo by Design'S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
Governing Law
The User Agreement between you and B & J Promo by Design will be governed by and
construed in accordance with the laws of the State of VA without regard to
conflict of laws principles.
General Information
B & J Promo by Design, the B & J Promo by Design logo are trademarks of B & J Promo by Design.
The LOGO emPowered Technology logo and names are trademarks of B & J Promo by Design
and Premium Incentives, Inc. You agree not to display or use these trademarks
in any manner without B & J Promo by Design's and/or B & J Promo by Design's prior written permission. The section titles of this User Agreement are displayed for
convenience only and have no legal effect. Please send any questions or
comments, or report violations of the User Agreement to:
B & J Promo by Design
126 Hampton Dr
Colonial Heights VA, 23834
