Terms of Use

These terms of use (“Terms”) set forth the legally binding terms, and conditions for your use of the Brandlete, Inc. (hereinafter, “Brandlete,” “we,” “our,”, or “us”) website, www.brandlete.com(the “Site”), use of our mobile application (the “Mobile App”), and the other services, features, content, and applications offered by us on the Site, or on the Mobile App. The Site, Mobile App, and any other services, features, content, and applications offered by Brandlete may each be referred to herein as a “Service”, and collectively as the “Services.”

PLEASE READ THE TERMS CAREFULLY IF YOU WISH TO USE OUR SERVICES. BY USING OUR SERVICES, YOU CONSENT TO BE BOUND BY THE TERMS.

THESE TERMS INCLUDE IMPORTANT LIMITATIONS ON YOUR RIGHTS TO SUE.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE OUR SERVICES.

FOR NEW JERSEY RESIDENTS: Notwithstanding any term herein, these Terms do not limit your rights, or our obligations under any applicable statute, or law, including types, and amounts of recovery; nor do they excuse us from any duty to avoid causing harm by means of gross negligence, recklessness, or intentional misconduct; nor do they disclaim our duty of care to our invitees; nor do they require you to defend, and indemnify us in the event that any loss is caused by our negligence.

Privacy

Please see our Privacy Policy, located at www.brandlete.com/privacy-policy (“Privacy Policy”), for information, and disclosures relating to the collection, and use of your Personal Information, as defined therein, and any other data in connection with your use of the Services. The Privacy Policy is incorporated by reference into these Terms.

Use of Site, and Mobile App

No monetary charge is made for the general use of the Site, or Mobile App, unless you choose to subscribe to our Services or make purchases. If you wish to subscribe to certain Services or make a purchase, then you must click on the designated link, fill in any required information, and follow the instructions. We reserve the right to change, modify, add, or delete portions of these Terms at any time, in our sole discretion. Any changes will be posted to these Terms on this webpage. Therefore, please check these Terms regularly. We will also indicate at the top of this document the dates of any revisions to these Terms.

Your continued use of the Services one (1) business day after the posting of new Terms constitutes your acceptance of the new Terms. If you do not agree to abide by these, or any future Terms, do not use, or access (or continue to use, or access) our Services.

Security

You agree to notify us immediately, at info@brandlete.com of any unauthorized use of your account. You agree to provide true, accurate, current, and complete information about you as may be prompted by any forms submitted to Brandlete. We will not be responsible for any loss, or damage that may result if you fail to comply with these requirements.

By subscribing to, or accessing, the Services, you are representing to us that you are authorized to use the credit card, or other form of payment you submit (if any). We use third parties to facilitate payment transactions, and you should review such third-party terms, and conditions before entering into any transaction. We are not liable, or responsible for such third-party transactions.

If any part of our Services requires a login, or password, then such login, and password are for your personal use only. You may not reveal your login, or password to anyone else, or permit anyone to use your login, or password to access the Service. You are responsible for maintaining the confidentiality, and security of your login, and password, and accept responsibility for all activities that occur under your account, or password. You must notify us immediately, at info@brandlete.com, if the security of your login, or password has been breached.

Public Forums, and Your Submissions

The Services may provide chat rooms, forums, message boards, blog feeds, news groups, and/or other interactive tools to its users including links to third party websites, applications, or third party “plug-ins”. You are solely responsible for the information, data, opinions, descriptions, photos, profiles, messages, “shouts”, comments, reviews, text, location information, and all other content that you upload, publish, modify, or display on, or through our Services, or transmit to, or share with us, and other users (collectively, the “User Content”).

By uploading, publishing, modifying, or displaying User Content to any part of our Services, you automatically grant, and you represent, and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole, or in part), transmit, and distribute such User Content for any purpose on, or in connection with the Services.

You represent, and warrant that your User Content will not contain any material that: (a) is false, inaccurate, or misleading; (b) infringes any third party’s copyright, patent, trademark, trade secret, or other proprietary rights, or rights of publicity, or privacy; (c) violates any law, or regulation; (d) is defamatory, constitutes trade libel, or product disparagement, or is unlawfully threatening, harassing, or contains hate speech; (e) is obscene, or contains pornography; or (f) contains any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code, or programs that may damage, or interfere with the operation of any system, or unlawfully intercept any data, or personal information.

You understand, and agree that we do not verify, or vouch for any such content, and if we determine, in our sole discretion, that any User Content is inaccurate, was posted, or uploaded without authorization, or otherwise does, or may violate these Terms, or applicable laws, we reserve the right, at any time, without prior notice, and without limiting any, and all other rights we may have, at law, or in equity, to: (a) modify, refuse, or remove the User Content; (b) revoke the applicable user’s right to use any, or all of our Services; and/or (c) use any technological, legal, operational, or other means available to us to enforce the provisions of these Terms, including, without limitation, blocking specific Internet Protocol (IP) addresses, or deactivating the applicable user’s registration. Please note, if we delete any information provided by you, it is deleted in a manner similar to emptying a recycle bin on a computer, and you acknowledge that any removed information, or content may persist in backup copies, or may be imbedded in the Service as aggregate data.

Rules of Conduct

Your use of our Services is subject to all applicable local, state, national, and international laws, and regulations, and you agree not to violate such laws, and regulations. In addition, you agree that: (a) you will not interfere with another member’s use of our Services; (b) you will not interfere with, or disrupt the security measures of our Services; (c) you will not interfere with, or disrupt networks connected to our Services, and will comply with all regulations, policies, and procedures of such networks; and (d) you will comply with United States law regarding the transmission of technical data exported from the United States.

You further agree that you will not use our Services to: (a) send, or result in the transmission of “spam” (junk e-mail), or unsolicited messages; (b) promote, or generate revenue for any business, or commercial purposes unless authorized in writing by us; (c) impersonate any person, or entity; intentionally, or unintentionally, or create a false identity on our Services; (d) collect, or store personal data about other users; (e) make publicly available on our Services, or otherwise transmit, any private information of any third party; or (f) make publicly available, or otherwise transmit any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy, or publicity rights, hateful, or racially, ethnically, or otherwise objectionable.

Copyright

We respect the intellectual property of others, and we ask you to do the same. It is important (and a condition of these Terms) that you only send us data, and information, or post content that you own, and/or control – and not content owned, and/or controlled by others. You are fully responsible for your User Content. In other words, if you send us content you do not own, or otherwise do not have the right to submit, you are responsible for any liability, or obligation. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. We reserve the right to terminate any user’s account without notice if that user is determined to be a “repeat infringer” of others’ intellectual property.

Proprietary Rights

All content on our Services, including but not limited to, visual interface, interactive features, computer codes, products, software, aggregate user review ratings, designs, text, graphics, images, photographs, illustrations, audio, and video material, artwork, information, database, proprietary information, and all copyrightable, or otherwise legally protectable elements of the Services, and their selection, and arrangement (“Site Content”), is our proprietary property, our users, or its licensors with all rights reserved. Subject to the limited license granted to you hereunder, you may not modify, copy, distribute, frame, reproduce, republish, download, display, post, transmit, create derivative works from, or broadcast, or circulate to any third party (including, without limitation, on, or via a third party website), or otherwise use, any materials contained within the Services (except for your User Content) without our express prior written consent.

Limited License

You are granted a limited license to access our Services, and to download, or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you do not alter, delete, or conceal any copyright, trademark, or other notices contained on the Services, including notices on any content you download, transmit, print, or reproduce from the Services, nor shall you distribute such Site Content. Except for your User Content, you may not, and will not upload, or republish Site Content on any Internet or Extranet site, or incorporate the information in any other database, or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms, and does not include use of any data mining, robots, or similar data gathering, or extraction methods. Any use of the Services, or the Site Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited, and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright, and trademark laws, and applicable communications regulations, and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. This limited license is revocable at any time without notice, and with, or without cause.

Third-Party Websites, and Content

Our Services may contain links to other web sites (“Third-Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, video, audio, information, mobile applications, “plug-ins”, offers, and other content, or items belonging to, or, originating from third parties (“Third-Party Applications, or Content”). Such Third-Party Sites, and Third-Party Applications, or Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Sites accessed through the Site, or any Third-Party Applications, or Content posted on, available through, or installed from the Services, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of, or contained in the Third-Party Sites, or the Third-Party Applications, or Content. Inclusion of, linking to, or permitting the use, or installation of any Third-Party Site, or any Third-Party Applications, or Content does not imply approval, or endorsement thereof by us. If you decide to leave the Services, and access the Third-Party Sites, or to use, or install any Third-Party Applications, or Content, you do so at your own risk, and you should be aware that our Terms, and Policies no longer govern. You should review the applicable terms, and policies, including privacy, and data gathering practices, of any Third-Party Site to which you navigate from the Services, or relating to any applications you use, or install from the Third-Party Site.

Termination

We have the right to take any of the following actions, in our sole discretion, at any time, and for any reason without giving you any prior notice: (a) restrict, deactivate, suspend, or terminate your access to our Services, including deletion of your account(s), and all related information, and files in your account(s); (b) refuse, move, or remove for any reason any material that you submit on, or through the Service; (c) refuse, move, or remove any material that is available on, or through our Services; and/or (d) establish general practices, and limits concerning use of our Services. We may take any of the above actions for any reason, as determined by us, in our sole discretion, including, but not limited to: (a) breaches, or violations of these Terms, or other incorporated agreements, or guidelines; (b) requests by law enforcement, or other government agencies; (c) a request by you; (d) discontinuance, or material modification to the Services (or any part thereof); and (e) unexpected technical, or security issues, or problems. You agree that we will not be liable to you, or any third party for taking any of these actions.

Indemnification

You hereby agree to indemnify, defend, and hold Brandlete, Inc., its related companies, and affiliates, and each of their respective representatives, officers, directors, shareholders, owners, members, managers, attorneys, agents, and employees (collectively, the “Company Parties”), harmless from, and against any, and all liability, losses, expenses, damages, and costs (including court costs, and reasonable attorneys’ fees), incurred by any of the Company Parties in connection with any claim arising out of your use of the Services, any use, or alleged use of your accounts, or your passwords, the content you submit, upload, post, transmit, or make available through the Services, your violation, or breach of any these Terms, your connection to the Services, or your violation of the rights of any other person, or entity.

Warranty Disclaimers

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY THE LAW, THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, OR IMPLIED, IN CONNECTION WITH THE USE OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY PARTIES MAKE NO WARRANTIES, OR REPRESENTATIONS ABOUT THE ACCURACY, OR COMPLETENESS OF THE CONTENT ON THE SERVICES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES, AND ASSUME NO LIABILITY, OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (II) PERSONAL INJURY, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO, OR USE OF THEIR SECURE SERVERS, AND/OR ANY, AND ALL PERSONAL INFORMATION, AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION, OR CESSATION OF TRANSMISSION TO, OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO, OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS, OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS, OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY PARTIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, OR SERVICE ADVERTISED, OR OFFERED BY A THIRD PARTY THROUGH THE SITE, OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER, OR OTHER ADVERTISING, AND THE COMPANY PARTIES WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU, AND THIRD-PARTY PROVIDERS OF PRODUCTS, OR SERVICES. YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SITE, AND TO ALL TRANSACTIONS YOU UNDERTAKE THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION SUBMISSION OF ANY USER CONTENT.

We have the right at any time to change, modify, add to, discontinue, or retire any aspect, or feature of the Services, including, but not limited to, hours of availability, equipment needed for access, or use, or the availability of the Services on any particular device, or communications service. We have no obligation to provide you with notice of any such changes, and we are under no obligation to provide you with any support, error corrections, updates, upgrades, bug fixes, and/or enhancements of the Services.

Limitation of Liability

IN NO EVENT WILL WE, THE COMPANY PARTIES, OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICES BE LIABLE TO YOU, OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, OR PROFITS, OR FOR THE INABILITY TO USE THE SERVICES, EVEN IF WE, OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU, AND ANY OTHER PARTY, WHETHER DIRECT, OR INDIRECT, EXCEED ONE HUNDRED DOLLARS ($100.00) FOR ANY, AND ALL CLAIMS, DAMAGES, AND ANY OTHER THEORIES OF LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW.

Eligibility

Our Services are operated from the United States. We do not represent, or warrant that our Services are appropriate, or available for use in any particular jurisdiction other than the United States. In choosing to access the Services, you do so on your own initiative, and at your own risk, and are responsible for complying with all local laws, rules, and regulations. The Services are not directed to, or intended for, children under 16 years of age.

IF YOU ARE A USER ACCESSING THE SITE, OR SERVICES FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS, OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SERVICES, WHICH ARE GOVERNED BY UNITED STATES LAW, THESE TERMS, AND OUR PRIVACY POLICY, YOU ARE TRANSMITTING YOUR PERSONAL INFORMATION TO THE UNITED STATES, AND YOU CONSENT TO THAT TRANSMISSION. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSMITTED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN IN YOUR COUNTRY.

General

These Terms, including the policies referred to in these Terms, constitute the entire agreement between you, and us, and govern your use of our Services, superseding any prior agreements. As noted above, you also may be subject to additional terms, and conditions that may apply when you subscribe to the Services, or use, or purchase certain other services, affiliate services, sponsored services, third-party content, or third-party software.

We may be required by state, or federal law to notify you of certain events. You hereby acknowledge, and consent that such notices will be effective upon our posting them on, or through the Site, or delivering them to you through e-mail. You may update your e-mail address by visiting the Site where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. You have the right to request that we provide such notices to you in paper format and may do so by contacting us at info@brandlete.com. If you are a California resident, you may have this same information e-mailed to you by sending an e-mail to the foregoing e-mail address with your e-mail address, and a request for this information.

You agree that these Terms, and our rights hereunder may be assigned, in whole, or in part, by us, or our affiliate to any third party, in our sole discretion, including an assignment in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, or otherwise, in whole, or in part. You may not assign, sublicense, or delegate your rights hereunder.

The formation, construction, and interpretation of these Terms shall be controlled by the laws of the State of New York, giving no effect to choice of law provisions. Any dispute relating to these Terms shall be subject to the exclusive jurisdiction of the state, and federal courts in the State of New York, and the parties agree to submit to the personal, and exclusive jurisdiction of these courts.

The failure by us to exercise, or enforce any right, or provision of these Terms shall not constitute a waiver of such right, or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force, and effect.

You agree that regardless of any statute, or law to the contrary, any claim, or cause of action arising out of, or related to use of the Services, or these Terms, must be filed within one (1) year after such claim, or cause of action arose, or be forever barred.

Contact Information

If you have any questions about these Terms, please contact us via e-mail at info@brandlete.com, or by mailing your question(s) to the following address:

USE OF OUR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS, AND OUR PRIVACY POLICY.