Terms of Use

Effective Date: January 1, 2017

Thank you for visiting Brandslip.com. We will provide the services described below in accordance with these Terms of Use ("Terms"). Please take a moment to carefully read through these Terms.


1. Description of Service and Acceptance of Terms

By clicking on the "sign up free" or "upgrade your plan," or equivalent access or purchasing button, you or the company or entity that you represent ("you," "your," "yours" or "customer") are consenting to be bound by and are becoming a party to these Terms. You are also representing and warranting that the individual clicking on the button is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services also constitutes agreement to these Terms. If you are using the services on behalf of a company or other entity, then all references to "you" or "your" herein will refer to both the individual and the entity.
Brandslip, LLC ("Brandslip," "we," or "us") provides users with access to search services, personalized and/or branded content through its network of properties which may be accessed through any various medium or device now known or hereafter developed and any other products, features, tools, materials, or other services (including third party branded services) offered from time to time by Brandslip through a variety of Access Points (defined below) are referred to collectively as the "Services." The term "Access Points" refers to, collectively, the Brandslip.com website (the "Brandslip Site"), applications, and other places where any Services are available, including websites and applications of Brandslip's third party distribution partners and other websites where users or website operators are permitted to embed or have otherwise licensed the software. You also understand and agree that the Brandslip Services may include certain communications from Brandslip, such as service announcements, administrative messages and the Brandslip Newsletter, and that these communications are considered part of Brandslip membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Brandslip Services, including the release of new Brandslip properties, shall be subject to the Terms. You understand and agree that the Brandslip Services are provided "AS-IS" and Brandslip assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Brandslip Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Brandslip Services. You understand that the technical processing and transmission of the Brandslip Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Use of the Services (including access to the Content) is subject to compliance with these Terms which incorporate by reference our Privacy Policy available at Brandslip.com/privacy ("Privacy Policy") and any end user license agreement that might accompany the applicable Service. Therefore, by visiting the Brandslip Site or using any of the Services through any other Access Point you are agreeing to these Terms.


2. Changes to These Terms

We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. You should look at these Terms regularly, which are posted on the Brandslip Site at Brandslip.com/terms. In addition, you can access these Terms from Brandslip applications. If we make a material change to these Terms, we will notify you by posting a notice on the Brandslip Site. If you are a registered user, we will also send an email to the email address you most recently provided to us prior to the material change taking effect. Therefore, it is important that you keep your account information, including email address, updated. Any material change to these Terms will be effective automatically 30 days after the revised Terms are first posted or, for users who register or otherwise provide opt-in consent during this 30-day period, at the time of registration or consent, as applicable.


3. Access and Use of the Services

3.1 Services. Subject to these Terms of Service, Brandslip will use commercially reasonable efforts to make the Services available to you.
3.2 Age Limitations. The Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with Brandslip or provide your personal information to Brandslip. If you are at least 13 and under 18 years of age (or under the applicable age of majority in your state or territory of residence), you may register with Brandslip only if you have the consent of your parent or guardian, including consent to these Terms on your behalf.
3.3 Your License. Brandslip is pleased to grant you a non-exclusive limited license to use the Services as set forth in these Terms. To sign up for the Services, you must register for an account on the Services (an "Account"). You must provide accurate and complete information for your Account and each Account is only to be used by the individual user that registered such Account. You may never use another person’s user Account or share your Account or access credentials with any other individual. You should never publish, distribute, or post login information for your Account. "User" means an individual whom you authorize to use the Services. Users may include your employees, consultants, contractors and agents, and third parties with which you transact business. A User’s access credentials may not be shared with any other individual or entity for purposes of using the Services. You are responsible for maintaining the security of your Account, passwords (including, but not limited to, administrative and user passwords). You are responsible for acts, omissions, or breaches hereunder by any of your Users or any other individuals using your Account or credentials for the Services. You must keep your Account information updated, and you must notify us immediately of any change in your eligibility to use the Services or breach of security or unauthorized use of your Account.
3.4 The Content. "Content" means information, data, text, fonts, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content, except for Customer Data (as defined below), is owned by Brandslip or its licensors. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Subject to these Terms of Service, Brandslip (i) grants to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Services for your personal commercial use.
3.5 Restrictions on Use of the Services. To keep the Services safe and available for everyone to use, You and other users must use the Services for lawful, and appropriate purposes only. Your commitment to this principle is essential. You agree to observe the Services and Content restrictions as detailed below, and further agree that you will not use the Services in a way that You will not directly or indirectly: sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, time-share outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;
interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or networks;
copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing (except as expressly allowed by Brandslip) or mirroring any part of any Services or any Content; access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service; decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, (except to the extent such restriction is prohibited by applicable statutory law); violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights; remove any copyright notices, information, and restrictions contained in the Services or any Content; encourages conduct that would constitute a criminal offense or give rise to civil liability; bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Brandslip Website or Services; or otherwise take any action in violation of our guidelines and policies, including these Terms of Service.
3.6 Availability. We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to (i) Customer Data or failures to deliver Customer Data to Brandslip; (ii) failures in any telecommunications, network or other service or equipment outside of Brandslip’s facilities; or (iii) any force majeure or other cause beyond Brandslip’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).
3.7 Embedding a Video Using the Video Player. Where Brandslip has incorporated an embed option in connection with Content on the Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule, or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate or objectionable to Brandslip (in Brandslip's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. Brandslip reserves the right to prevent embedding to any website or other location that Brandslip finds inappropriate or objectionable (as determined by Brandslip in its sole discretion). 3.8 Ownership. You agree that Brandslip owns and retains all rights to the Services. You further agree that the Content you access and view as part of the Services is owned or controlled by Brandslip and Brandslip's licensors. The Services and the Content are protected by copyright, trademark, and other intellectual property laws.
3.9 No Spam/Unsolicited Communications. You may not, at any time, use the Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you send spam, advertising, or other unsolicited communications of any kind through the Services, you acknowledge you will have caused substantial harm to Brandslip and the amount of such harm would be extremely difficult to measure. 3.10 Software Downloads. You may be notified that it is necessary to download software or other materials or agree to additional terms and conditions to participate in certain Services or access certain Content. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
3.11 Modification/Suspension/Discontinuation. We regularly make changes to the Services. The availability of the Content as well as Access Points through which the Services are available will change from time to time. Brandslip reserves the right to replace or remove any Content and Access Points available to you through the Services, and otherwise make changes in how we operate the Services. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be available through one Access Point may not be available through another Access Point. We hope not to, but we may change, suspend, or discontinue - temporarily or permanently - some or all of the Services (including the Content and the devices through which the Services are accessed), with respect to any or all users, at any time without notice. In our continued assessment of the Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Brandslip may do so in Brandslip's sole discretion at any time without notice. You also agree that Brandslip will not be liable to you for any modification, suspension, or discontinuance of the Services. We may impose certain limits on the use of the Services, including without limitation that amount of Customer Data that may be stored, number of users, or other rate or usage limitations at any time in our sole discretion. If Brandslip determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
3.12 Internet Access Charges. You are responsible for any costs you incur to access the internet.
3.13 Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department by visiting our Help Center at Brandslip.com/help. It would be our pleasure to serve you. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that is inconsistent with these Terms, please be aware that these Terms will control.


4. Subscriptions and Billing

4.1 Subscriptions. Payments and Billing.
While we may offer some Content from time to time for free, we charge a fee to access the Services that require a subscription. The Services may include different offerings. You can find the specific details regarding your subscription at any time by logging in on the Brandslip Site and clicking on Account under your account name.
Because the Service is offered in multiple time zones, for consistency, a "day" for purposes of these Terms begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.
Please note that any payment terms presented to you in the process of using or signing up for a Premium Services are deemed part of these Terms of Services. All amounts are stated in, and are to be paid in, U.S. dollars. We do not transmit invoices automatically, but you can access them in your account under the Billing – Invoice History tab. If you have any questions, please click here or contact our support department: info@Brandslip.com. We may revise the rates for Premium Services at any time, or impose additional fees or charges. If you are a subscriber to Premium Services, we will provide prior notice of any increase of fees, by a message to the contact person listed on your account, by posting on the Service or on our pricing page, or some other means as set forth in Section 15, below. We may also periodically review your usage and bill you for any overages or increased usage (e.g. additional user seats) at our then-current rates.
Payment; Late Fees. By signing up to receive the Services, you (i) agree to pay us, in accordance with all applicable payment terms set forth on https://www.Brandslip.com/plans and herein, the applicable Fees for such Premium Services; (ii) authorize us, through the Payment Processor (defined below), to charge your chosen payment provider ("Payment Method") for the applicable Fees and (iii) agree to make payment using that selected Payment Method. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
Taxes. All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, "Taxes"). You are responsible for paying all Taxes associated with the Services (without any offset or deduction to the fees paid to Brandslip) other than U.S. taxes based on Brandslip’s net income.
Billing. We use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your Account on the Services (your "Billing Account") for use of the Premium Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if the Payment Processor has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Auto-Renewal. Fees for certain Premium Services are automatically charged on a recurring basis, and when signing up for a Premium Service with a recurring payment obligation, you will be able to select a recurring billing level and renewal term that will apply to your receipt of such Premium Services ("Subscription") (e.g. monthly or annual payment). Unless you cancel or change your Subscription in accordance with these Terms of Service, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription originally selected, at the then-current non-promotional rate. By signing up for a Subscription, you agree that we may submit the charges associated with such Subscription for payment on the applicable schedule and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Premium Service and/or Subscription. BY SIGNING UP FOR A SUBSCRIPTION YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE BILLING SECTION OF THE SERVICE. PLEASE CONTACT US AT SUPPORT@BRANDSLIP.COM IF YOU NEED ANY ASSISTANCE. This does not waive our right to seek payment directly from you.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT CREDENTIALS OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE DIRECTLY BY YOU USING THE SERVICE. PLEASE CONTACT US AT SUPPORT@BRANDSLIP.COM IF YOU NEED ANY ASSISTANCE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PREMIUM SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PREMIUM SERVICES AS SET FORTH ABOVE.
Cancelling Services. To cancel or change your subscription level at any time, go to Account settings. Please contact us at support@Brandslip.com if you need any assistance. Any request for cancellation must be sent three (3) days prior to the end of the Subscription term to allow for adequate processing time. Your non-termination or continued use of the relevant Premium Service reaffirms we are authorized to charge your Payment Method the Fees for such Premium Service, including any associated fees (e.g. overage fees or late fees, to the extent applicable). You will not be eligible for a prorated refund of any portion of any Fees paid.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
No Refunds. Once initiated by you, payment obligations are non-cancelable. Except as expressly set forth in these Terms of Service, Brandslip will not, under any circumstances, issue refunds or pro-rate any Fees for early cancellation or termination of the Services, or for any other reason, including for any unused Services or if your actual usage of the Services falls below the purchased amount applicable to your Subscription level for the Services. Subscription quantities cannot be decreased during the relevant Subscription term. Chargeback Policy; Disputes. If you have a question about charges made to your Account, please contact us immediately. If the charges were made in error, we will credit your Billing Account or Payment Method for the appropriate amount. Please note that Brandslip has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of any and all Brandslip Services.
4.2 Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Premium Service must be used within the specified time of the trial. You must stop using a Premium Service before the end of the trial period in order to avoid being charged for that Premium Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Premium Service, please contact us at info@Brandslip.com.
4.3 Copyright Policy. We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy. Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Brandslip at: Kofi@brandslip.com. 1059 Montgomery ave, Narberth PA, 19072

5. Collection and Use of Personal Information

For information about Brandslip's policies and practices regarding the collection and use of your information, please read Brandslip's Privacy Policy available at Brandslip.com/privacy. The Privacy Policy is incorporated by reference and made part of these Terms. Thus, by agreeing to these Terms, you agree that your presence on the Brandslip Site and use of the Services through any other Access Point are governed by the Brandslip Privacy Policy in effect at the time of your use.
6. Linked Destinations and Advertising
6.1 Third Party Destinations. If we provide links or pointers to other websites or destinations, you should not infer or assume that Brandslip operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link within the Services, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. In some cases, it may be less obvious than others that you have left the Services and reached another website or destination. Please be careful to read the terms of use and privacy policy of any other website or destination before you provide any information or engage in any transactions. These Terms do not govern your use of another website or destination.
Brandslip is not responsible for the content or practices of any website or destination other than the Brandslip Site, even if it links to the Brandslip Site and even if the website or destination is operated by a company affiliated or otherwise connected with Brandslip. By using the Services, you acknowledge and agree that Brandslip is not responsible or liable to you for any content or other materials hosted and served from any website or destination other than the Brandslip Site.
6.2 Third Party Advertisements and Services. Brandslip takes no responsibility for and does not endorse any third party advertisements or any third party material Posted on any Access Point where the Services are available, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers while using the Services, including through engaging with interactive advertisements, are between you and the advertiser, and you agree that Brandslip is not liable for any loss or claim that you may have against an advertiser. If you provide any confidential or personal information or engage in any transaction through an advertisement, Brandslip is not responsible for such information or transaction and we encourage you to read the terms of use and privacy policy of the advertiser or other party collecting such information or engaging in such transaction.
7. Trademarks
Brandslip, the Brandslip logo, and other Brandslip marks, graphics, logos, scripts, and sounds are trademarks of Brandslip. None of the Brandslip trademarks may be copied, downloaded, or otherwise exploited.
8. Disclaimer of Warranties, Limitation of Liability and Indemnity WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE BRANDSLIP SITE, THE CONTENT, THE VIDEO PLAYER, USER MATERIAL, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH ANY ACCESS POINT, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRANDSLIP DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE, OR RELIABLE.
IN NO EVENT SHALL BRANDSLIP OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (INCLUDING DISTRIBUTORS AND CONTENT LICENSORS) (COLLECTIVELY, THE "BRANDSLIP PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES (INCLUDING ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN, OBTAINED ON, OR PROVIDED THROUGH ANY ACCESS POINT), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE BRANDSLIP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE BRANDSLIP PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES (INCLUDING YOUR USE OF THE CONTENT). BRANDSLIP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
9. ARBITRATION OF CLAIMS
PLEASE READ THIS CAREFULLY. WE WANT YOU TO KNOW HOW IT AFFECTS YOUR RIGHTS.
At Brandslip, we expect that our world-class customer service team will be able to resolve most issues you may have using the Services. You can find frequently asked questions or contact our customer service team by going to our help center. In the unlikely event that an issue remains unresolved, we prefer to specify now what each of us should expect in order to avoid any confusion later. Accordingly, you and Brandslip agree to the following resolution process.
In an attempt to find the quickest and most efficient resolution of our issues, you and Brandslip agree to first discuss any issue informally for at least 30 days. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: 1059 Montgomery ave, Narberth, Pa, 19072. If we woulld like to discuss an issue with you, we will contact you using the email address you provided when you registered for Brandslip.
If we do not reach an agreed upon solution after our discussions for at least 30 days, you and Brandslip agree that any claim that either of us may have arising out of or relating to these Terms (including formation, performance, or breach of them), our relationship with each other, or use of the Services must be resolved through binding arbitration before JAMS: Mediation, Arbitration, Alternative Dispute Resolution Services. As an exception to this arbitration agreement, Brandslip may give you the right to pursue in small claims court any claim that is within that court's jurisdiction as long as you proceed only on an individual basis, in its discretion.
To help resolve any issues between us promptly and directly, you and Brandslip agree to begin any arbitration within one year after a claim arises; otherwise, the claim is waived. You and Brandslip also agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis. All arbitration hearings will be held in New York County, New York.
It is important that you understand that the arbitrator's decision will be binding and may be entered as a judgment in any court of competent jurisdiction.
10. General Information
10.1 Choice of Law and Forum. These Terms are governed by, and construed in accordance with, the laws of the State of New York without giving effect to principles of conflicts of law. To the extent that the arbitration provision outlined in section 9 is not applicable (e.g., when confirming an arbitration award), you and Brandslip agree to submit to the exclusive jurisdiction of the courts located in New York County in the State of New York.
10.2 No Waiver/Reliance. If you see other parties violating these Terms, we would appreciate it if you would let us know at Info@brandslip.com (subject line: "TOU Violation"). Precisely how Brandslip responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely upon Brandslip's precise response with respect to one party or one situation as any indication of what Brandslip might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Brandslip's decision to delay exercising or enforcing any right or remedy under these Terms shall not constitute a waiver of such right or remedy. Even if Brandslip acts in a way that appears to you to be inconsistent with these Terms, Brandslip's action shall not be deemed a waiver or constructive amendment of these Terms. 10.3 Integration, Amendment, Severability, and Electronic Communications. Please note that these Terms, including Brandslip's Privacy Policy which is incorporated in these Terms and any end user license agreement that might accompany the applicable Service, constitute the entire legal agreement between you and Brandslip and govern your use of the Services (including your use of the Content) (but excludes any services, if any, that Brandslip may provide to you under a separate signed written agreement), and completely replaces any prior agreements between you and Brandslip in relation to the Services. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
From time to time, we may communicate with you about the Services and these Terms electronically (e.g., emails to your registered email address, notices on the Brandslip Site and other Access Points). You consent to receive electronic communications from Brandslip and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records.
Thank you for taking the time to read these Terms. By understanding and agreeing to follow these Terms, the experience will be better for all users. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at: info@Brandslip.com. Enjoy the Services!