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Website
Agreement
The
Top Secrets of Promotional Products Sales Web Site (the
"Site") is an online information service provided by
Blaise Drake & Company ("Top Secrets of Promotional
Products Sales "), subject to your compliance with the
terms and conditions set forth below.
PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE.
BLAISE
DRAKE & COMPANY MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions. The entire
contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights
and trademarks is Blaise Drake & Company, its affiliates
or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
You
may print and download portions of material from the
different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete
any copyright or proprietary notices from the materials.
You agree to grant to Blaise Drake & Company a non-exclusive,
royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly
perform any materials and other information (including,
without limitation, ideas contained therein for new
or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to Top Secrets of Promotional
Products Sales by all means and in any media now known
or hereafter developed. You also grant to Blaise Drake
& Company the right to use your name in connection
with the submitted materials and other information as
well as in connection with all advertising, marketing
and promotional material related thereto. You agree
that you shall have no recourse against Blaise Drake
& Company for any alleged or actual infringement
or misappropriation of any proprietary right in your
communications to Top Secrets of Promotional Products
Sales.
TRADEMARKS.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or
servicemarks of Blaise Drake & Company. Other product
and company names mentioned in the Site may be the trademarks
of their respective owners.
2.
Use of the Site. You understand that, except for
information, products or services clearly identified
as being supplied by Blaise Drake & Company, Top
Secrets of Promotional Products Sales does not operate,
control or endorse any information, products or services
on the Internet in any way. You also understand that
Top Secrets of Promotional Products Sales cannot and
does not guarantee or warrant that files available for
downloading through the Site will be free of infection
or viruses, worms, Trojan horses or other code that
manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction
of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE INTERNET. BLAISE
DRAKE & COMPANY PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY, AND BLAISE
DRAKE & COMPANY SHALL NOT BE LIABLE FOR ANY COST
OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY
TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS
OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. BLAISE DRAKE & COMPANY DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO
SUCH MATERIALS IS AT YOUR RISK. BLAISE DRAKE & COMPANY
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER
FOR SUCH MATERIALS. LIMITATION OF LIABILITY IN NO EVENT
WILL BLAISE DRAKE & COMPANY BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF BLAISE
DRAKE & COMPANY OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS
OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
BLAISE DRAKE & COMPANY LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW. Blaise Drake &
Company makes no representations whatsoever about any
other web site which you may access through this one
or which may link to this Site. When you access a non-Top
Secrets of Promotional Products Sales web site, please
understand that it is independent from Top Secrets of
Promotional Products Sales, and that Top Secrets of
Promotional Products Sales has no control over the content
on that web site. In addition, a link to a Top Secrets
of Promotional Products Sales web site does not mean
that Top Secrets of Promotional Products Sales endorses
or accepts any responsibility for the content, or the
use, of such web site.
3.
Indemnification. You agree to indemnify, defend
and hold harmless Blaise Drake & Company, its officers,
directors, employees, agents, licensors, suppliers and
any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from
any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing
the Service.
4. Third Party Rights. The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are
for the benefit of Top Secrets of Promotional Products
Sales and its officers, directors, employees, agents,
licensors, suppliers, and any third party information
providers to the Service. Each of these individuals
or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5.Term;
Termination. This Agreement may be terminated by
either party without notice at any time for any reason.
The provisions of paragraphs 1 (Copyright, Licenses
and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in
accordance with the laws of the Commonwealth of Pennsylvania
applicable to agreements made and to be performed in
the Commonwealth of Pennsylvania. You agree that any
legal action or proceeding between Blaise Drake &
Company, Top Secrets of Promotional Products Sales and
you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction
sitting in the Commonwealth of Pennsylvania. Any cause
of action or claim you may have with respect to the
Service must be commenced within one (1) year after
the claim or cause of action arises or such claim or
cause of action is barred. Top Secrets of Promotional
Products Sales's failure to insist upon or enforce strict
performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of
this Agreement. Top Secrets of Promotional Products
Sales may assign its rights and duties under this Agreement
to any party at any time without notice to you. Any
rights not expressly granted herein are reserved.
COPYRIGHT
NOTICE.© 1999-2004 PriorityDigital.com Prepared for:
Top Secrets of Promotional Products Sales, All rights
reserved.
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