BrandPoint Services, Inc.
Welcome to the website (the “Website”) of BrandPoint Services, Inc. (“BrandPoint” or “we”, “us” or “our”). The following terms and conditions (the “Terms”) govern your access to and use of the Website.
Acceptance of Terms
Please read these Terms carefully before use of the Website. Your use of the Website will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use the Website.
Intellectual Property Rights
All information, text, photographs, graphics, images, videos, logos, data, software and other materials including BrandPoint trademarks, service marks and copyrights (collectively the “Content”) found on the Website are owned or licensed by BrandPoint and may not be used, copied, broadcast, distributed, uploaded, posted or shared in any way without the express written consent of BrandPoint.
BrandPoint expressly reserves all intellectual property rights in the Content. Nothing contained on the Website grants or should be construed as granting any license or right to use the Content for any purpose without the express written consent of BrandPoint.
You may use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website:
- to violate any applicable law or regulation;
- to infringe the rights of any third party, including without limitation, intellectual property, privacy, and contractual rights;
- for any purpose that is unlawful or prohibited by these Terms;
- to cause harm or damage to any person or entity;
- to interfere with the proper operation of the Website; or
- to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, threatening, obscene or otherwise objectionable material (as determined by BrandPoint in its sole discretion).
Third Party Websites
THE MATERIALS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
BRANDPOINT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE.
ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.
BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL BRANDPOINT BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. 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. NOTWITHSTANDING THE FOREGOING, BRANDPOINT’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.
Governing Law and Jurisdiction
BrandPoint, in its sole discretion, may terminate or restrict your use or access to the Website for any reason, including, without limitation, if BrandPoint believes you have violated or acted inconsistently with these Terms.
BrandPoint’s failure to enforce any portion of the Terms shall not constitute a waiver of any of its rights under these Terms.
In the event that any provision or part of any provision in these Terms is held invalid or unenforceable by a court or other tribunal of competent jurisdiction, then the provision shall be deemed severed and separated from the other provisions of these Terms, which shall remain in full force and effect. To the extent enforcement is limited, then the provision or provisions so affected shall be deemed to have been modified to the extent necessary to make said provision or provisions enforceable.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BRANDPOINT AND ITS PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE WEBSITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.
Delays and Accessibility
The Website may be subject to limitations, delays, failures or other problems associated with the use of the Internet and electronic communications. From time to time, we may restrict access to all or some parts of the Website. BrandPoint is not liable if the Website is unavailable at any time for any reason.
Changes to Terms
From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes.
Changes to Website
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. The materials and services at the Website may be out of date, and BrandPoint makes no commitment to update the materials and services at this Website.
Comments and Questions
If you have a comment or question about the Terms, please contact us at Support@BrandPoint.com.
Last Modified: December 28, 2018