PURPOSE OF THE WEB SITE AND SERVICES
The Web Site, the products offered there, and every component of the Services are made available by KISBY APPAREL LLC. The purpose for which the Web Site is to allow User to select and purchase United Promotions offerings of promotional clothing and other promotional materials.
LIMITED LICENSE & PERMITTED USES
The only permitted uses of this Web Site are to allow User an opportunity to review, select and purchase promotional items of clothing and other materials from manufacturers who have been included in United Promotions offerings. United Promotions does not manufacture any of the products shown on the web site.
User grants permission to Brand Insight the right to utilize User=s information and input on and through this website for site, service and marketing analytics.
USER CONDUCT AND OBLIGATIONS
Your license to access and use the Services is subject to the following restrictions and prohibitions on use ("User Conduct and Obligations"). You agree that you will not:
1. Upload, post, transmit, share or otherwise make available through, or to, the Services any content that:
a) Is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable;
b) Might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
c) Might violate any local, federal, or international law, either intentionally or unintentionally, or;
d) contains any viruses, Trojan horses, time bombs, cancel bots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
2. Reproduce, copy, modify, distribute, market, display, transfer, sublicense, prepare derivative work(s) or adaptation(s) based on, sell, exchange, barter, transfer, or otherwise make available in any form or by any means, except for the express limited Permitted Uses, all or any portion of the Services or any Information And Content retrieved there from;
3. Disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Services, or their computer systems, servers, or networks;
4. Provide false information about yourself to Brand Insight, impersonate any other person, or otherwise attempt to mislead others about your identity, your affiliation with any person or entity, or the origin of any content, message, or other communication;
5. Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, bulk e-mail, or duplicative messages;
6. Use any automatic or manual process to collect, harvest, gather, or extract information about other visitors to or users of the Services, or otherwise systematically extract data or data fields, including without limitation any financial and/or currency data or e-mail addresses;
7. Use the Services for the purpose of gathering information for, or transmitting, unsolicited bulk commercial e-mail over the Internet to other users of the Services or to other third parties. Internet e-mail sent to, or through, the computer systems of the Services or to users of the Services or to other third parties containing invalid or forged headers, invalid or non-existent domain names or other deceptive addressing is deemed counterfeit. SENDING, OR ATTEMPTING TO SEND, COUNTERFEIT E-MAIL TO, OR THROUGH, THE COMPUTER SYSTEMS OF THE SERVICES IS STRICTLY PROHIBITED;
8. Provide access to or use of any portion of the Services through any timesharing system, service bureau, the Internet, or any other technology now existing or developed in the future, except as specifically permitted in writing by Brand Insight;
9. Redistribute any information or content, in any manner whatsoever, by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method, to any person, organization, corporation or other entity, including within your own organization or externally, except for the limited Permitted Uses;
10. Use any Information And Content for any purpose competitive with Brand Insight’ business;
11. Present, archive, cache, frame, scrape, or mirror any Information And Content from any part of the Services within another web site;
12. Remove, obscure, or alter any notice of Brand Insight’ intellectual property rights present on or in the Services, including but not limited to copyright, trademark, and/or patent notices;
13. Copy, disassemble, decompile, translate, reverse engineer or otherwise reduce the Services software or use any network monitoring or discovery software to determine the network and/or computer architecture;
14. Remove, disable, defeat, or change any functionality or appearance of the Services or intentionally alter the format in which services provided by Brand Insight are displayed.
The foregoing prohibitions expressly include, but are not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Services.
REMEDIES FOR VIOLATIONS
THE SERVICES AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BRAND INSIGHT, ITS AFFILIATES, AGENTS AND/OR SUPPLIERS, OFFICERS, DIRECTORS, AND EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. BRAND INSIGHT DISCLAIMS ALL RESPONSIBILITY FOR, BUT NOT LIMITED TO, ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO:
- ANY ERRORS IN OR OMISSIONS FROM THE SERVICES AND THEIR INFORMATION AND CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS;
- ANY THIRD PARTY WEB SITES OR THIRD PARTY APPLICATIONS SOFTWARE AND CONTENT, DIRECTLY OR INDIRECTLY, ACCESSED THROUGH HYPERTEXT LINKS IN THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM;
- THE UNAVAILABILITY OF THE SERVICES, INFORMATION AND CONTENT, OR ANY PORTION THEREOF;
- YOUR USE OF THE SERVICES;
- PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, INTERNET ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR ANY COMBINATION THEREOF, INCLUDING WITHOUT LIMITATION ANY INJURY OR DAMAGE TO YOUR, OR ANY OTHER PERSON'S, COMPUTER AS A RESULT OF USING THE SERVICES, OR;
- YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SERVICES.
UNITED PROMOTIONS IS NOT THE MANUFACTURER OF THE GOODS AND PRODUCTS OFFERED ON THE WEBSITE. IT HAS NO CONTROL OVER THE MANUFACTURE OF THOSE GOODS AND PRODUCTS, THEIR AVAILABILITY, SIZE AVAILABILITY, DELIVERY BY THE MANUFACTURER, AND THUS BRAND INSIGHT CANNOT AND DOES NOT WARRANT THE GOODS AND PRODUCTS OFFERED. ALL WARRANTIES, TERMS AND CONDITIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS. BRAND INSIGHT DISCLAIMS ALL WARRANTIES PERTAINING TO THE INFORMATION, CONTENT, OR MATERIALS PROVIDED ON THE WEBSITE, OR THE VENDORS REFERENCED IN THE WEBSITE, OR THE PRODUCTS THEY PRODUCE OR PROVIDE.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL BRAND INSIGHT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SERVICES. BRAND INSIGHT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND COURT COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH:
1)THE USE OF OR INABILITY TO USE THE SERVICES, OR ANY INFORMATION AND CONTENT CONTAINED THEREIN;
2)YOUR PARTICIPATION OR RELIANCE ON INFORMATION AND CONTENT POSTED ON THE BRAND INSIGHT WEBSITE, OR;
3)ANY OTHER MATTER RELATING TO THE SERVICES AND/OR ANY INFORMATION AND CONTENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
4)ANY VIRUS, MALWARE, OR OTHER COMPUTER OR SOFTWARE DEFECT THAT MIGHT AFFECT YOUR COMPUTER OR OTHER HARDWARE AS A RESULT OF USING THE WEBSITE OR THE SERVICES.
5)THE ILLEGAL ACTS OF OTHERS ENGAGED IN “HACKING” OR OTHER COMPUTER CRIMES THAT RESULTS IN THE LOSS, DISSEMINATION OR DISTRIBUTION OF YOUR PERSONAL AND FINANCIAL DATA BEYOND BRAND INSIGHT.COM.
6)BRAND INSIGHT LLC HAS NO CONTROL OVER THE WORK OF THE MANUFACTURERS OF THE PRODUCTS AVAILABLE ON THE WEBSITE, AND DISCLAIMS ANY LIABILITY FOR DEFECTS IN THOSE PRODUCTS. BRAND INSIGHT DISCLAIMS ANY LIABILITY FOR DEFECTS IN THE PRODUCTS PURCHASED BY USER, IMPROPER SIZING, UNAVAILABILITY OF PRODUCTS OR CERTAIN SIZES OF THE PRODUCT, PROMPT MANUFACTURE AND DELIVERY FROM THE MANUFACTURER, OR THE CONSEQUENCES OF ANY DELAYS IN SHIPMENT CAUSED BY CIRCUMSTANCES AT THE PlACE OF MANUFACTURE.
LIMITATION OF DAMAGES/REMEDIES:
TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED, BRAND INSIGHT’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE PRICE PAID BY THE CUSTOMER FOR THE GOODS OR ORDERS GIVING RISE TO ANY CLAI
You acknowledge and agree that Brand Insight reserves the right, in its sole discretion and at any time, to modify, change, add to, terminate, or discontinue (with respect to an individual user or all users) any of the products offered in the Services and/or any associated services, Information And Content, or technical specifications with or without notice to you, and that Brand Insight will not be responsible or liable, directly or indirectly, to you or any other person in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such modification or discontinuance.
PRIVACY AND PERSONAL INFORMATION
Your use of the Services may require you to provide information about yourself. You acknowledge that you provide such information at your own risk, and that Brand Insight makes no representation that such information is protected when submitted for use on this site. User agrees that Brand Insight may use the information you provide during your use of this site and the Services for Brand Insight’ analytics.
Kisby Apparel LLC cannot be responsible for the illegal acts of others, such as “hacking” that might result in a dissemination of your personal and financial information outside Brand Insight.com.
CONFIDENTIALITY AND TRANSMISSIONS OVER THE INTERNET
Recent events in the national media, (not involving Brand Insight LLC or its web site), involving data security breaches demonstrates that very little is secure on the internet. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is may not be secure, and is subject to possible loss, interception, or alteration while in transit. Accordingly, Brand Insight does not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with Brand Insight containing your personal information. Your transmission of such information, through the web site or otherwise, does not create any fiduciary obligations on the part of Brand Insight, or result in any liability to Brand Insight in the event that such information is inadvertently released or accessed by third parties without Brand Insight' consent.
The name "United Promotions", the United Promotions logo and other identifying marks of United Promotions are and shall remain the trade names and exclusive property of Kisby Apparel LLC. Any unauthorized use of these marks is unlawful. Other trade-marks on the Services are the property of their respective owners. All content in the Services, including without limitation all programs, complied binaries, interface layout, interface text, documentation, and graphics, is trade secret, proprietary, and the property of United Promotions. The Information And Content may be used by you as expressly provided for in the Permitted Uses and may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by United Promotions.
User understands and agrees that any unauthorized use of Brand Insight proprietary information, rights, trade dress, trade names, trademarks, or patented material will be the proper subject of temporary restraining orders, motions for preliminary and/or permanent injunction, and such other emergency and injunctive relief as Brand Insight deems necessary. User agrees that if United Promotions succeeds in obtaining such relief the User will be pay the attorneys fees and litigations costs expended by United Promotions in the effort.
INDEMNIFICATION BY USER
CHOICE OF LAW, JURISDICTION AND VENUE
Any disputes under this Agreement are to be resolved under the governance of Michigan law. Users of this website and the Services hereby submit to the jurisdiction of Minnesota Courts for any dispute arising hereunder in the Circuit Court for Dakota County, Minnesota. User hereby submits to the jurisdiction of those Minnesota Courts and agrees to these venues for any litigation arising out of this Agreement or use of the United Promotions website or products sold there. The Parties to this Agreement waive their rights to file or remove any dispute to the United States District Courts.
User agrees that in any court proceedings, or proceedings in any arbitration or in other alternative dispute resolution methods agreed upon by the parties, the prevailing party will be awarded the attorneys fees, expenses, court costs, expert fees and other costs incurred in litigating that dispute.
The agreements set forth in the two paragraphs immediately above will apply whether the dispute or claims involve requests for relief in the form of money damages, declaratory, injunctive or other equitable remedies, or any other variety of relief or legal theory, whether under the common law, laws of equity, or statute, ordinance or regulation.