WEBSITE AGREEMENT
Terms & Conditions for Web Sites
Operated by American Brand Project
Welcome to our web site! We offer an
online information and communications service that we hope you will find
entertaining and informative.There are a few rules our visitors must follow when
using our site, so we ask all our visitors to read these terms and conditions
("Agreement") carefully.
Please be sure to read this Agreement carefully,
especially the disclaimers and limitations of our liability, since use of this
site constitutes your acceptance of, and agreement with, the terms and
conditions set out in this Agreement.
We do not intend to make changes to our Agreement
very often but reserve the right to do so. However, it is always a good
idea to double check when you visit our site to ensure that you have read and
agree with our most current Agreement.
Intellectual Property Ownership
Copyrights
All copyrights and other intellectual property
rights in the artwork, graphics, text, video and audio clips, trademarks, logos
and other content available on this web site ("Content") are owned by American
Brand Project or used with permission.
Although you can copy any part of this web site
to your own computer for your personal use, you may not copy or incorporate any
of the Content available on the web site into any other work, including your
own web site, or use the Content in any other public or commercial manner unless
you have a license from us to do so. That also means that American Brand
Project retains full and complete title to all such Content, including any
downloadable software or code, any images incorporated in or generated by the
software, and all data accompanying it. You must not copy, modify, reproduce,
upload, transmit, distribute, reverse-engineer, disassemble or otherwise
convert it to another form.
You may not change any of the notices regarding
copyright, trademarks or other marks that may accompany the Content.
Trademarks
Unless otherwise specified, all trademarks used
on this site are the property of American Brand Project, our business partners
or our member companies.
Submissions
We encourage you to nominate new member companies
and in that process we may receive from you any stories, comments, suggestions,
ideas, graphics, pictures or anything else, but please remember that, by
uploading or sending us such material through this site, you assign all your
interest in it to American Brand Project and, depending on which law applies, American
Brand Project will either own the material you send to us on this site or you
will be deemed to have granted American Brand Project an exclusive and
perpetual license to use it.This
information is not confidential and we can use it as we see fit - that includes
reproducing it, disclosing it, publishing it, or broadcasting it here or
somewhere else, in this or any other medium now known or later invented. Under
no circumstances are you entitled to any payment if we do use your submission
for any purpose. You are also bound by any additional rules posted at community
or other areas where user-generated content is permitted.
You may not engage in any activities through the
web site which are unlawful, offensive, abusive, which violate the rights of
third parties, or which inhibit other users from using and enjoying this web
site. You may not monitor or copy Content on the web site, by using any
robot, "bot,� spider, crawler or other automatic device or manual process,
without our written permission, or engage in any activity which interferes with
the proper working of the web site. You agree to indemnify, defend and
hold harmless American Brand Project, its partners and its member companies,
officers and employees from any damages, liabilities and expenses (including
reasonable attorneys' fees) arising from any third party claims resulting from,
or arising out of, your use of the web site or posting of content, if
permitted. We reserve the right to terminate your access to the web site
at any time, without notice, for any reason whatsoever.
No Endorsements
Although this web site may refer to products or
services of third parties or link to third party sites or information, we do
not endorse or make any warranties or representations about them. Any
links to other sites are provided for your convenience only. You need to
make your own decisions regarding third party products, services and web sites.
Purchasing &
Return Policy
On our website, you will be able to take advantage of a
member company offer when available and use our shopping cart to purchase the
product. Upon finishing the purchase, you will be issued a coupon
number/product identifier number and a link. When you click on the link, a
separate website for that specific member company will open and you will be
able to submit your coupon number/product identifier number and redeem your
product. You'll need to provide your shipping and contact information on the
member company product redemption website so the product can be shipped to you.
All purchasing disputes including receiving products after
purchasing them on our site is the responsibility of and will be handled by the
specific member company of that offer and you. This also includes any return
issues and policies, which will be determined and handled by each member
company, individually.
No Price Guarantee
American Brand Project does not guarantee that the member
offers provide the lowest prices available. Member offers are based on what
member companies want to offer on the American Brand Project website. Member
companies can exclusively decide to make other offers with lower prices on
their own or other 3rd party websites.
Privacy Policy
Please ensure that you read our Privacy Policy
and any consents at registration or application areas, to learn about what
personal information we collect at this site, how we handle it and for what
purposes we use it.
Content
Inaccuracies
American Brand Project is not responsible
for any product or other claims made by the member companies. American Brand
Project will not verify that the content received from the member company
including the self-ranking percentages is accurate. However, if you find information
to be incorrect, please notify us at:
Terms@americanbrandproject.com
Then we will follow up with the specific
member company to verify the information and update the content.
Use of this Site - Limitation of Liability
and Disclaimer
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your
use of the site.You acknowledge and agree that any information you send
or receive during your use of the site may not be secure and may be intercepted
by unauthorized parties.You acknowledge and agree that your use of the
site is at your own risk and that the site is made available to you at no
charge.Recognizing such, you acknowledge and agree that, to the fullest
extent permitted by applicable law neither American Brand Project nor its partners,
member companies or other third party content providers will be liable for any
direct, indirect, punitive, exemplary, incidental, special, consequential or
other damages arising out of or in any way related to the site, or any other
site you access through a link from this site or from any actions we take or
fail to take as a result of communications you send to us or the delay or
inability to use the site or for any information, products, or services
advertised in or obtained through the site.American Brand Project's
removal or deletion of any materials submitted or posted on its site or
otherwise arising out of the use of the site, whether based on contract, tort,
strict liability or otherwise, even if American Brand Project, its partners or
member companies have been advised of the possibility of damages.This
disclaimer applies, without limitation to any damages or injury arising from
any failure of performance, error, omission, interruption, deletion, defects,
delay in operation or transmission, computer viruses, file corruption,
communication on-line failure, network or system outage.Your loss of
profits or theft, destruction, unauthorized access to, alteration of, loss or
use of any record or data, and any other tangible or intangible loss.You
specifically acknowledge and agree that neither American Brand Project nor its partners
or member companies shall be liable for any defamatory, offense or illegal
conduct of any user of the site.Your sole and exclusive remedy for any of
the above claims or any dispute with American Brand Project is to discontinue
your use of the site.You and American Brand Project agree that any cause
of action arising out of or related to the site must commence within one (1)
year after the cause of action accrues or the cause of action is permanently
barred.Because some jurisdictions do not allow limitations on how long an
implied warranty lasts or the exclusion or limitation of liability for
consequential or incidental damages, all or a portion of the above limitation
may not apply to you.
Disclaimers
Your use of this site is at your sole risk.The site is provided on
an "as is� and "as available� basis.We reserve the right to restrict or
terminate your access to the site or any feature or part thereof at any
time.American Brand Project expressly disclaims all warranties of any
kind, whether expressed or implied, including but not limited to the implied
warranties of merchantability and fitness for a particular purpose and any
warranties that materials on the site are non-infringing, as well as warranties
implied from a course of performance or course of dealing, that access to the
site will be uninterrupted or error-free,that the site will be secure,
that the site or the server that makes the site available will be virus-free,
or that information on the site will be complete, accurate or timely.If
you download any materials from this site, you do so at your own discretion and
risk.You will be solely responsible for any damage to your computer
system or loss of data that results from the download of any such
materials.No advice or information whether oral or written, obtained by
you from American Brand Project or through or from the site shall create any
warranty of any kind.American Brand Project does not make any warranties
or representations regarding the use of the materials on this site in terms of
their completeness, correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise.
In certain jurisdictions, the law may not permit the disclaimer of
warranties, so the above disclaimer may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless American Brand Project
and its partners and member companies and their officers, directors, employees,
contractors, agents, licensors, service providers, subcontractors and suppliers
from and against any and all losses, liabilities, expenses, damages and costs,
including reasonable attorneys' fees and court costs, arising or resulting from
your use of the site and any violation of these terms and agreements.If
you cause a technical disruption of the site or the systems transmitting the
site to you or others, you agree to be responsible for any and all losses,
liabilities, expenses, damages and costs, including reasonable attorneys' fees
and court costs, arising or resulting from that disruption.American Brand
Project reserves the right, at its own expense, to assume exclusive defense and
control of any matter otherwise subject to indemnification by you and in such
case, you agree to cooperate with American Brand Project in the defense of such
matter.
Jurisdiction and Applicable Law
The laws of the State of Delaware govern this Agreement and your use of
the site, and you irrevocably consent to the jurisdiction of the courts located
in the State of Delaware for any action arising out of or relating to this Agreement.We
recognize that it is possible for you to obtain access to this site from any
jurisdiction in the world, but we have no practical ability to prevent such
access.This site has been designed to comply with the laws of the State
of Delaware and of the United States.If any material on this site, or
your use of the site, is contrary to the laws of the place where you are when
you access it, the site is not intended for you, and we ask you not to use the
site.You are responsible for informing yourself of the laws of your
jurisdiction and complying with them.
Entire Agreement and Admissibility
This Agreement and any policies or operating rules posted on this site
constitute the entire agreement and understanding between you and American
Brand Project with respect to the subject matter thereof and supersede all prior
or contemporaneous communications and proposals, whether oral or written,
between the parties with respect to such subject matter.A printed version
of this Agreement shall be admissible in judicial or administrative proceedings
based on or relating to use of the site to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
Date: June 28, 2012