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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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