Terms & Conditions
By visiting or shopping at this web site, you accept the following terms and conditions. Please read them carefully.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Marketing Innovations, LLC or its content suppliers and protected by United States and international copyright laws. All software used on this site is the property of this site's owner or its software suppliers and protected by United States and international copyright laws.
Disclaimer of Warranties and Limitation of Liability
TERMS AND CONDITIONS
Welcome to the Marketing Innovations web site (this "Site"), provided by Marketing Innovations, LLC ("Marketing Innovations" or "we"). The following terms and conditions ("Terms and Conditions") govern your use of this Site. Please read these Terms and Conditions carefully before using this Site or ordering any products or services on it. Marketing Innovations reserves the right to change these Terms and Conditions at any time without notice to you. Please periodically review these Terms and Conditions, because your continued usage of this Site after such changes constitutes your acceptance of the new Terms and Conditions.
BY ACCESSING, BROWSING, OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO ACCESS, BROWSE OR OTHERWISE USE THIS SITE, AND YOU WILL NOT BE PERMITTED TO ORDER ANY PRODUCTS OR SERVICES ON THIS SITE.
We grant you a non-exclusive, non-transferable, limited license to use, access and display this Site and all included text, graphics, logos, button icons, images, and audio clips, as well as all other information and materials available on this Site ("Content"), conditioned on your continued compliance with these Terms and Conditions. Permission is granted to electronically copy and print in hard copy portions of the Content for the sole purpose of placing an order with us or using this Site as a shopping resource. Any other use, reproduction, modification, distribution or republication of this Site or the Content without our prior written consent is strictly prohibited.
COPYRIGHT AND PROPRIETARY RIGHTS
This Site, the Content and all software used on this Site are our property or the property of our suppliers, sponsors, licensors or affiliates (collectively, "Business Partners"), and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other state, federal and international laws and regulations. We own a copyright in this Site as a collective work and/or compilation, and in the selection, coordination and arrangement of the Content. Except as expressly provided herein, neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of this Site or any Content may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights, or other laws or regulations.
Copyright © 2011 Marketing Innovations, LLC. All Rights Reserved.
ACCOUNT MAINTENANCE AND RESPONSIBILITY
If you wish to purchase any products or services on this Site, you must register with us and choose a password. By registering with us, you represent, warrant and covenant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information about yourself; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
By logging onto this Site using any password, you represent, warrant and covenant that you are authorized to use such password and to engage in the activities and communications that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password, as well as for any activities or communications conducted on this Site using your password. If you place an order for products or services on this Site, you are personally responsible for such orders. If you place any order on behalf of another person or entity (such as your employer), you represent that you have such person's or entity's authority to place such order and to purchase the relevant products or services. We are not responsible for orders placed without appropriate purchasing authority. You agree and represent that any orders you place on this Site are solely for yourself or your company, and are not for resale.
If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time, for any reason.
In the event a product is listed at an incorrect price due to a typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price.
We have made every effort to display as accurately as possible the colors of the products that appear on this Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the actual product.
ORDER ACCEPTANCE POLICY
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product.
We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Iowa. Each customer shall be solely responsible for all sales taxes or other taxes on orders shipped to any other state.
If you violate any provision of these Terms and Conditions, your permission to use this Site and the Content shall automatically terminate, and you must immediately destroy any copies you have made of the Content or any portion thereof. You or we may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Site at any time without prior notice.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND THE CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. WE ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, ANY CONTENT, OR ANY PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NOTWITHSTANDING THE FOREGOING, THE ABOVE DISCLAIMERS DO NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE APPLICABLE PRODUCT.
LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE ORDERED ON THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS REPAIR OR REPLACEMENT OF THE PRODUCT, REPERFORMANCE OF THE SERVICE, OR YOUR MONEY BACK, IN ACCORDANCE WITH OUR OR THE APPLICABLE SUPPLIER'S WARRANTY, RETURN AND REFUND POLICIES. YOU AGREE THAT OUR AGGREGATE MAXIMUM LIABILITY ARISING FROM ANY PRODUCTS OR SERVICES ORDERED ON THIS SITE SHALL NOT EXCEED THE TOTAL PRICE OF THE PRODUCTS OR SERVICES ORDERED.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, SO THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us, our Business Partners, and our and their shareholders, officers, directors, employees, agents, licensors, information providers and suppliers, harmless from and against any claims, actions, demands, liabilities, losses or damages (including reasonable legal and accounting fees) arising out of or related to your use of this Site or the Content, any orders you place on this Site, any violation of these Terms and Conditions by you, or any violation of any rights of any person or entity by you. We shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
LINKS TO OTHER SITES
This Site contains links to other web sites. These links are provided solely as a convenience to you and not as an affiliation, endorsement or adoption by us of such linked web sites or the content thereof. We are not responsible for the content of any linked sites and do not make any representations regarding the content or accuracy of materials on any linked sites. If you decide to access any linked site, you do so at your own risk. When leaving this Site, you should be aware that our terms and policies may no longer govern, and, therefore, you should review the applicable terms, conditions and policies, including privacy and data-gathering practices, of each linked site.
Except as described herein, any communication or content which you post or upload to this Site is considered to be non-confidential. By submitting any communication or content to any part of this Site, you automatically grant (or warrant that the owner of such communication or content has expressly granted) to us a royalty-free, transferable, perpetual, irrevocable, worldwide, nonexclusive right and license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights with respect to such communication or content through multiple tiers of sublicenses.
We do not and cannot review all communications and content posted or uploaded to this Site and are not responsible for these communications and content. However, we reserve the right to block or remove communications or content that we determine, in our sole discretion, to be (i) threatening, abusive, libelous, defamatory, inflammatory, or obscene, (ii) fraudulent, deceptive, or misleading, (iii) in violation of the copyright, trademark, or other intellectual property rights or other rights of another, (iv) in violation of any applicable local, state, Federal or international law or regulation, or (v) offensive or otherwise unacceptable. ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY POSTING OR DISCUSSION AREA SHOULD NOT BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION AND DOES NOT NECESSARILY REFLECT OUR OPINIONS OR THE OPINIONS OF OUR BUSINESS PARTNERS.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with any user's use of this Site (collectively, "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all of the submitting user's worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Thus, we will own exclusively all such right, title and interest and shall not be limited in any way in our use, commercial or otherwise, of any Comments. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay the submitting user any compensation for any Comments; or (iii) to respond to any user's Comments.
By participating in any sweepstakes, contests or promotions on this Site, and/or by requesting promotional information or product updates, you agree that we may use the information that you provide in connection therewith for marketing and promotional purposes.
CONFIDENTIALITY ON THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, Federal and international laws and regulations. We are not responsible for the security of any information transmitted over the Internet. You assume all risks in transmitting material to or from this Site and must make your own determination as to these matters. For more private communication with Marketing Innovations, you may contact us at 6804 Cottage Ridge Court NE, Cedar Rapids, IA 52411.
EVENTS BEYOND OUR CONTROL
You absolve and release us from any claim of harm resulting from any cause beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
GOVERNING LAW, ARBITRATION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Iowa, U.S.A., without giving effect to its conflict of laws principles. Except for allegations that you have infringed or have threatened to infringe any intellectual property rights, any dispute or controversy between you and us, or arising under or concerning performance or breach of these Terms and Conditions, shall be settled by one arbitrator in binding arbitration, to be held in Cedar Rapids, Iowa, U.S.A., under the then-current rules of the American Arbitration Association. Judgment on the arbitration award may be entered in any court of competent jurisdiction. In the event that we allege that you have infringed or threatened to infringe our intellectual property rights, then, in addition to any other rights and remedies we may have, we may seek any preliminary or permanent injunctive relief from any court of competent jurisdiction. For such actions, you irrevocably consent to the exclusive personal jurisdiction and venue of the federal and state courts in and for Cedar Rapids, Iowa, U.S.A.
These Terms and Conditions constitute the sole agreement between you and us relating to your use of this Site, the Content, and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms and Conditions shall bind either of us. Any of these Terms and Conditions which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable any of the remaining Terms and Conditions or affecting the validity or enforceability of these Terms and Conditions in any other jurisdiction. Failure to insist on performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default. No waiver by us of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part, without our prior written consent. These Terms and Conditions shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.
All orders of products or services are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such orders, products or services. Any action or claim against us must be brought within one year following the date on which the claim first accrued or shall be deemed forever waived. We reserve all rights not expressly granted herein.
Any questions regarding this Site and any requests for additional information concerning Marketing Innovations may be directed to us by email to email@example.com.
I ACKNOWLEDGE THAT I HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE ABOVE TERMS AND CONDITIONS.