Brand My Message LLC - Terms and Conditions
Thank you for selecting the Products and Services offered by Brand My Message, LLC. or its Affiliates (referred to as “Brand My Message”, “Brand My Email”, “we”, “our”, or “us”). Please review these Terms and Conditions (“Agreement”) thoroughly.
SIGNING UP FOR BRAND MY MESSAGE’S PRODUCTS AND SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE QUOTE/ORDER, THE APPLICABLE PRODUCT AND/OR SERVICE DESCRIPTION, AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS, (2) YOUR SUBMISSION OF AN ORDER, OR (3) YOUR USE OF THE SERVICE DESCRIBED HEREIN. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.
1.1 This Agreement describes the terms governing your use of the Brand My Message products and services, including content, updates and new releases, (collectively, the “Services”). It includes by reference:
• Brand My Message’s Privacy Statement available on our website or provided to you in writing for the Services you selected.
• Additional terms and conditions for the services that you have selected, including from third parties.
• Any terms provided separately to you for the Services, including for example, web or email product or program terms, ordering, activation, pricing and payment terms, if applicable, for the Services.
1.2 An “Affiliate” means all Brand My Message companies and subsidiaries that directly or indirectly, control or are controlled by Brand My Message, or are under the common control with Brand My Message. As used in this Agreement, control means equity ownership of fifty percent (50%) or greater interest in the voting shares held by an entity.
2. YOUR RIGHTS TO USE THE SERVICES AND RESTRICTIONS
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services, and Brand My Message reserves all rights of ownership in the Services not granted to you in writing here. As long as you meet any applicable payment obligations and comply with this Agreement, Brand My Message grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of use provided in the ordering and activation terms, and only for the purposes described by Brand My Message for the Services.
2.2 You agree not to use the Services or content on our website in a manner that violates any applicable law, regulation or this Agreement. For example, unless a
Authorized by Brand My Message in writing, you agree you will not:
- Provide access to or give any part of the Services to any third party.
- Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- Attempt to access any other Brand My Message systems that are not part of these Services.
- Excessively overload the Brand My Message systems used to provide the Services.
- If you violate any of these terms, this Agreement and your right to use the Services may be terminated by Brand My Message in its sole discretion.
For Services offered on a payment or subscription basis, the following terms apply, unless Brand My Message notifies you otherwise in writing. This Agreement also incorporates by reference and includes ordering and payment terms provided to you on the website for the Services:
- Payments will be billed to you in U.S. dollars, and your account will be debited when you provide your payment information, unless stated otherwise in the ordering or payment terms on the website for the Services.
- You must pay with one of the following:
- A valid credit card acceptable to Brand My Message;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Brand My Message provides to you in writing.
- If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
4. DELIVERY OF PRODUCTS AND SERVICES
4.1 Upon you agreeing to purchase, and Brand My Message’s approval of your payment, Brand My Message will provide to you within 72 hours the Summary Questionnaire of all the set-up questions needed to provide the Services you have purchased. This Questionnaire is copyrighted and is to be considered a key Product of the setup of the Services you have purchased.
4.2 Should you not complete and return your questionnaire; or should you decide to cancel your Brand My Message’s Services at anytime, the purchase of the Summary Questionnaire is nonrefundable.
5. YOUR PRIVACY AND PERSONAL INFORMATION
You can view Brand My Message’s Privacy Statement on the website, or via a link on the website for the Services you have selected. You agree to be bound by the applicable Brand My Message Privacy Statement, subject to change in accordance with its terms. Most importantly, you agree:
- To Brand My Message maintaining your data according to the Brand My Message Privacy Statement, as part of the Services.
- To give Brand My Message permission to aggregate your uploaded, non-personally identifiable account data with that of other users of the Service. By way of example, this means that Brand My Message may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.
- Brand My Message is a global company and may access or store personal information in multiple countries, including countries outside of the European Union that may be deemed to have inadequate protections. When you agree to these Terms of Service, you agree to this practice.
6.1 You are responsible for your content. You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) uploaded, posted or stored through your use of the Services. You grant Brand My Message a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not to use the Services for any illegal purpose or in violation of any applicable local, state, federal or international law. You are encouraged to archive your Content regularly and frequently. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. You agree that you will not use the Services to share, store, or in any way distribute financial data that is not in accordance with the law. Any users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism, or any other activity proscribed by law may have their accounts terminated, their financial data erased, and they also may be reported to law enforcement officials in the appropriate jurisdictions. Brand My Message is not responsible for the Content or data you submit on the website. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing , offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage or constitute an attack or “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content or data that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy, including posting images about children or any third party without their consent (or a parent’s consent in the case of a minor);
- Except as otherwise permitted by Brand My Message in writing, advertisements, solicitations, investment opportunities, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and may be protected by copyright or other proprietary right, or derivative works, without permission from the copyright owner or intellectual property rights owner.
6.2 Community forums. The Services may include a community forum to exchange information with other users of the Services and the public. Please use respect when you interact with other users. Brand My Message does not support and is not responsible for the accuracy of others’ content in these community forums. Do not reveal information in the community forum that you do not want to make public. Users may post hypertext links to content hosted and maintained by third parties for which Brand My Message is not responsible.
6.3 Brand My Message may freely use feedback you provide. You agree that Brand My Message may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant Brand My Message a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Brand My Message in any way.
6.4 Brand My Message may monitor your content from time to time. Brand My Message may, but has no obligation to, monitor content on the Services. We may disclose any information necessary or appropriate to satisfy our legal obligations, protect Brand My Message or its customers, or operate the Services properly. Brand My Message, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. ADDITIONAL TERMS YOU AGREE TO
7.1 Brand My Message does not give professional advice. Brand My Message is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
7.2 We may tell you about other Brand My Message services. You may be offered other services, features, products, applications, online communities, or promotions provided by Brand My Message (“Brand My Message Services”). If you decide to use any of these Brand My Message Services, additional terms and conditions and separate fees may apply. You acknowledge that in accessing some Brand My Message Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, and sales among others, to the Internet. You grant Brand My Message permission to use information about your business and experience to help us to provide the Brand My Message Services to you, including updating and maintaining your data, addressing errors or service interruptions, and enhancing the types of data and services Brand My Message may provide to you in the future. You grant Brand My Message permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. We may use this data to improve services and to compare business practices with other company standards. We may use your data to create, market, or promote new Brand My Message offerings to you and others. You also grant Brand My Message permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 We may tell you about third party products or services. Subject to the Brand My Message Privacy Statement, you may be offered products or services by third parties who are not affiliated with Brand My Message (“Third Party Products”) or the Services may contain links to third party websites (“Third Party Sites”) and you agree that Brand My Message can use your contact information, including name and address, for the purpose of offering these products to you. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies. You agree that the third parties, and not Brand My Message, are responsible for their product’s performance and the content on their websites. Brand My Message is not affiliated with these Third Party Products or Third Party Sites and has no liability for them.
7.4 Communications choices. Brand My Message may be required by law to send you communications about the Services or Third Party Products. You agree that Brand My Message may send these communications to you via email or by posting them on one of our sponsored websites. If you later decide that you do not want to receive future Communications electronically, please review the Privacy statement provided on the on the Services website to review your communications choices.
7.5 You will track your passwords and accept updates. You are responsible for securely managing your password(s) for access to the Services. If you become aware of any unauthorized access to your Services account, theft or loss of your password, you agree to contact Brand My Message as soon as possible. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve and enhance the features and performance of the Services. You agree to receive these updates automatically as part of the Services.
7.6 Use of Your logo for marketing purposes. Upon Brand My Message’s completion of delivery of the Services ordered by you, Brand My Message may display your company’s name, logo, and template design as a customer on Brand My Message’s marketing materials.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE PRODUCTS, SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAND MY MESSAGE, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE OR DATA PROVIDERS, LICENSORS, DISTRIBUTORS, OR SUPPLIERS (COLLECTIVELY REFERRED TO AS, “SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. BRAND MY MESSAGE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 1 YEAR FROM THE DATE OF PURCHASE OR DELIVERY OF SERVICES, WHICHEVER IS SOONER.
8.2 BRAND MY MESSAGE AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. THIS DISCLAIMER APPLIES TO BUT IS NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPPA”), THE GRAMM-LEACH-BLILEY ACT OF 1999, THE SARBANES-OXLEY ACT OF 2002, OR OTHER FEDERAL OR STATE STATUES OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SERVICES IS IN ACCORDANCE WITH APPLICABLE LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY
9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BRAND MY MESSAGE, AND ITS AFFILIATES AND SUPPLIERS FOR ALL MATTERS OR CLAIMS RELATING TO THE AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BRAND MY MESSAGE AND ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BRAND MY MESSAGE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BRAND MY MESSAGE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BRAND MY MESSAGE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
9.2 You agree to indemnify and hold Brand My Message and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). Brand My Message reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Brand My Message in the defense of any Claims.
10. CHANGES TO THIS AGREEMENT OR THE SERVICES
We may change this Agreement from time to time, and the changes will be effective when posted on our website for the Services or when we notify you by other means. Please review the Agreement periodically on our website for changes. We have the right to change any of the terms of this Agreement upon reasonable notice to you. We may also change or discontinue the Services, in whole or in part, including but not limited to, the Internet based services, pricing, technical support options, and other product-related policies. Your continued use of the Services after Brand My Message posts or otherwise notifies you of any changes, indicates your agreement to the changes.
Brand My Message may immediately and without notice, terminate this Agreement or suspend the Services provided to you, if you fail to comply with these terms or if you no longer agree to receive electronic communications (see Section 7.4). Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Brand My Message’s rights to any payments due to it. Brand My Message may terminate a free account at any time. Other requirements regarding termination or cancellation of the Services may apply based on the specific ordering terms for the Services provided to you. Sections 1.2, 5, 8 through 15 will survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
12. EXPORT RESTRICTIONS
You acknowledge that our website, the Services, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export the Services, or any part of the Services, in violation of these laws and regulations, directly or indirectly. You also agree not to provide access to any part of the Services to anyone who you have reason to know may use the Services in the development of nuclear, chemical, or biological weapons.
13. GOVERNING LAW AND JURISDICTION
Wisconsin state law governs this Agreement without regard to its conflicts of laws provisions. To resolve any legal dispute arising from this Agreement, you and Brand My Message agree to the exclusive jurisdiction of Wisconsin state courts. Brand My Message does not represent that information on our website for the Services is appropriate or available for use in all countries. Brand My Message prohibits accessing materials from countries or states where contents are illegal. You are accessing this website on your own initiative and you are responsible for compliance with all applicable laws.
Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. The parties hereby confirm that they have requested that this Agreement and all related documents be drafted in English.
This Agreement is the entire agreement between you and Brand My Message and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. This Agreement may be modified only by a written amendment signed by the parties or as provided in this Agreement in Section 10 above. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without the prior written approval of Brand My Message. However, Brand My Message may assign or transfer it without your consent to (a) an Affiliate, (b) another company through a sale of assets by Brand My Message or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement or if your company is acquired by or merged into another company, contact Brand My Message via an email to: customerservice@BrandMyMessage.com.
Customers may have email services provided by an independent Third Party Email Services Vendor (“TPESV”). We are not responsible for the actions or inaction of the current TPESV or the unavailability or malfunction of their network or services. Brand My Message is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and the TPESV (“TPESV Dispute”). In the event of a TPESV Dispute, you hereby release Brand My Message and its Suppliers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connected with such disputes.
You may cancel your account or any part of the Services at any time. Brand My Message will not refund any pre-paid fees upon such termination or cancellation. To cancel your subscription, you must call 1-888-736-0165 from the U.S. or 001-920-798-4100 International (Note: International calls are not toll-free). Brand My Message reserves the right to collect fees, surcharges or costs incurred before you cancel your account in addition to the applicable cancellation fee(s).
You must provide us with the following information in order for us to process the cancellation:
a. The exact name of the Services that you would like to cancel
b. Your username and personal identification number (PIN)
c. Your email address
d. Your billing information, including the credit card number that was used when purchasing the Services
e. Reason for canceling the Services
Upon termination of your account for any reason, Brand My Message reserves the right to: (a) collect all charges, fees, commitments and obligations incurred or accrued by you; (b) delete any of your Content, listings, messages or other information in connection with your Account; (c) prohibit your access to your Account, including without limitation by deactivating your password; and (d) refuse your future access to the Service. In no event shall Brand My Message be required to refund, redeem, or pay amounts to you upon termination of Service or return any of your Content.
It is at the sole discretion of Brand My Message to offer any type of refund. A refund will be broken down into a purchase level of completion basis. Cancellation must be received within three business days of purchase. All sales discounts and/or branding bucks earned or received will be forfeited and are non-transferable.
The following list is a breakdown of order completion levels:
- Quote and Payment Received (production has not yet started on product)
- 100% refund granted
- Questionnaire Creation and Sent through Support
- A 75% refund may be granted based on purchase price. All sales discounts and/or branding bucks earned or received will be forfeited and are non-transferrable.
- Design Process Started and Completed
- A 50% refund may be granted based on purchase price All sales discounts and/or branding bucks earned or received will be forfeited and are non-transferrable.
- Proofing with Proofs Sent to Customer
- A 25% refund may be granted based on purchase price. All sales discounts and/or branding bucks earned or received will be forfeited and are non-transferrable.
- A 25% refund may be granted based on purchase price. All sales discounts and/or branding bucks earned or received will be forfeited and are non-transferrable.
- Proof Approval and Final Files Created and Sent
- No refund granted.
Please report any violations of this Agreement to: email@example.com.
19. COPYRIGHT AND TRADEMARK NOTICES
All materials of the Service and the Software, as well as the organization and layout of the Service are owned and copyrighted or licensed by Brand My Message, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Service, which includes the Brand My Message and/or the Software, is permitted without the written permission of Brand My Message. Any rights not expressly granted herein are reserved. Brand My Message, Brand My Email, eStationery, eStationery, eReplier, eSecurities, Brand My Message.com, the Brand My Message logo and product and service names are trademarks of Brand My Message (the ” Brand My Message Marks”). Member agrees not to display or use the Brand My Message Marks in any manner whatsoever without Brand My Message’s prior permission. From time to time Brand My Message may offer a limited license to Members to display Brand My Message award logos or other symbols of merit on Customer own Web Sites after Brand My Message in its sole discretion confers such distinctions to the applicable Customer. Brand My Message reserves the right to withdraw such logos or symbols and delete them in its sole discretion for any reason. The names of other companies and their products mentioned herein are the trademarks of their respective owners.
20. NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT
Any notifications of claimed copyright infringement should be sent to firstname.lastname@example.org. Please see Brand My Message’s Copyright Policy for more information.