Terms of Service
1.ACCEPTANCE OF TERMS
BrandVerity Inc. located on the First Floor at 2722 Eastlake Ave E, Seattle WA ("BrandVerity") provides it's Service(s) ("Service") to you, the Service specified on the web site BrandVerity.com ("BrandVerity") is subject to these Terms of Service ("TOS"), which may be updated periodically without prior notice. You can review the current version of the TOS at: http://www.brandverity.com/tos/. Should you violate any aspect of the TOS, BrandVerity may suspend or terminate an account without notice.
2.YOUR REGISTRATION OBLIGATIONS
A BrandVerity account is required in order to access the Service. During account registration, all users are required to provide accurate, complete and current information about themselves in all required fields. Should any of your own information change after submitting it to BrandVerity, you are required to update that information as soon as possible.
3.INDEMNITY
You agree to indemnify and hold BrandVerity, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand. You are solely responsible for your actions when using the Service, including, but not limited to, costs incurred for PPC clicks.
4.PAYMENT AND BILLING.
The only way to pay for your Service is by a credit card. Subscriptions paid by a credit card will automatically renew, unless you affirmatively cancel your subscription. Some other services or extra futures may or will also renew automatically based on your active wish to do so. When you provide credit card information to BrandVerity, you represent to BrandVerity that you are the authorized user of the credit card that is used to pay subscription or other fees. Each month that you have an active BrandVerity account, you agree and reaffirm that BrandVerity is authorized to charge your credit card for the subscription and extra service fees. You agree to promptly notify BrandVerity of any changes to your credit card account number, its expiration date and/or your billing address, and you agree to promptly notify BrandVerity if your credit card expires or is cancelled for any reason.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family, friends and co-workers.
Your payments for the Service are due at the beginning of each month of service. You may cancel the service at any time. You will be refunded the pro rata amount for length of service that you have used (assuming a 30 day month). For example, if you used the service for 15 days, you will receive a 50% refund.
5.MODIFICATIONS TO SERVICE
BrandVerity reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that BrandVerity shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
6.TERMINATION
You agree that BrandVerity, in its sole discretion, may terminate your account, and remove and discard any content within the Service, for any reason, including and without limitation, the lack of use, or if BrandVerity believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that BrandVerity may immediately deactivate or delete your BrandVerity Service and all related information and files. BrandVerity reserves the right to bar any further access to such files or the Service. You agree that BrandVerity shall not be liable to you or any third-party for any termination of your access to the Service. Paid accounts that are terminated will not be refunded.
7.DISCLAIMER
THE BRANDVERITY SERVICE IS PROVIDED "AS IS" AND YOU USE IT AT YOUR SOLE RISK.
BRANDVERITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, BRANDVERITY MAKES NO WARRANTY THAT THE BRANDVERITY SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE BrandVerity SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE BrandVerity SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE BRANDVERITY SERVICE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE BrandVerity SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
8.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BRANDVERITY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BRANDVERITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: 1. THE USE OR THE INABILITY TO USE THE BRANDVERITY SERVICE; 2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE BRANDVERITY SERVICE; 3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; 4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BRANDVERITY SERVICE; OR 5. ANY OTHER MATTER RELATING TO THE BRANDVERITY SERVICE. IN NO EVENT SHALL BRANDVERITY' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
9.INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BRANDVERITY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE BRANDVERITY SERVICE, YOUR VIOLATION OF THE TERMS OF USE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY BRANDVERITY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
10.OTHER
These Terms of Use constitutes the entire agreement between BrandVerity and you, and thus supersedes any prior written or oral agreement, communication or proposal between the parties regarding BrandVerity. If any part of this TOS shall be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of TOS shall continue to be valid and enforceable to the fullest extent permitted by law.
11.DISPUTE
This TOS shall be governed by the state of Washington. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be solved by the District Courts of Seattle.
Last Updated: February 2008