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1. ACCEPTANCE OF TERMS AND REQUIREMENTS
PrivateLabelSales.com provides its
products and services to you, subject to the following Terms and Conditions ("TAC"), which
may be updated by us from time to time without notice to you. In addition,
when using particular PrivateLabelSales.com services, you and
PrivateLabelSales.com shall be subject to any
posted guidelines or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are hereby incorporated by
reference into these TAC.
2. REQUIRED SERVICES FOR ONLINE TRANSACTIONS
PrivateLabelSales.com will require you to use PayPal, MasterCard/Visa,
American Express, or Discover Cards for purchases made from the
PrivateLabelSales.com website. By purchasing products or services from
this website indicates that you agree to these terms and conditions.
3. DESCRIPTION OF PRODUCTS AND SERVICE
PrivateLabelSales.com currently provides users with access to a rich collection of on-line
resources, graphic designs, templates, information products, personalized content and affiliate services. Unless explicitly
stated otherwise, any new features that augment or enhance the current
products and services, including the release of new PrivateLabelSales.com properties, shall be subject to
the TAC. You understand and agree that the products and services are provided "AS-IS" and
that PrivateLabelSales.com assumes no responsibility for the timeliness, deletion, or mis-delivery
of merchandise, or failure to store any user communications or
personalization settings.
4. Web Access
In order to purchase products and services,
you must obtain access to the World Wide Web, either directly or through
devices that access web-based content, and pay any service fees associated
with such access. In addition, you must provide all equipment necessary to
make such connection to the World Wide Web, including a computer and modem
or other access device. Please be aware that PrivateLabelSales.com has created
products and services that
requires you to be at least 18 years of age to use.
5. PrivateLabelSales.com PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. We will not release any of the information you provide to
PrivateLabelSales.com to any outside agency or affiliate. All information will be held in
complete confidence between you and PrivateLabelSales.com. View our
Privacy Policy.
6. MEMBER ACCOUNT, PASSWORD AND SECURITY
To access certain products and services, you may be assigned a password to access information. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify us of any unauthorized use of your password or account
or any other breach of security, and (b) you agree not to access the Service
by any means other than through the interface that is provided by us for
use in accessing the Service. We cannot and will not be liable for any loss
or damage arising from your failure to comply with this Section 6.
7. DUTIES AND RESPONSIBILITIES
Recognizing the global nature of the Internet, you agree to comply with all
local and state rules regarding online business transactions. Specifically,
you agree to comply with all applicable Federal, State, and Local licensing
and tax requirements.
8. INDEMNITY
You agree to indemnify and hold PrivateLabelSales.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless
from any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of our products and services, your
connection to the products and services, your violation of the TAC, or your violation of
any rights of another.
9. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of PrivateLabelSales.com Products and Services,
use of PrivateLabelSales.com Products and Services, or access to
PrivateLabelSales.com Products and Services unless expressly allowed in a
particular product or service licensing agreement.
In addition, some re-saleable products do
have a suggested retail price attached to their licensing agreement.
We, the Licensor -
PrivateLabelSales.com - reserves the right to
establish and does establish a Suggested Retail Price for the resale
of certain Products as specifically stated in their licensing agreement
which will be included with the sale of each product.
Right to Revoke the License of any Licensee:
You are free to sell all re-saleable products at any price you decide. However,
we reserve the
unilateral right to revoke the licenses of any licensee, if that
licensee is found to be
selling Resale Rights of a particular product at a price below the
Suggested Retail Price stipulated in the products licensing agreement.
If we elect to terminate your license(s), you will not be entitled to
reimbursement of
any fees you paid to us for the license(s) or any money you expended
for promoting
and/or advertising our Product(s).
The purpose of this condition is to disclose to you our rights
under the Sherman Anti
Trust Laws with regard to Setting Suggested Retail Prices and
terminating licensees
who do not honor our policy.
The Sherman Anti Trust Law says:
An agreement between manufacturer and dealer or retailer on
minimum resale price
levels is illegal. However, under the Colgate Doctrine,
established by the
Supreme Court in 1919, a manufacturer may lawfully suggest prices
and stop
dealing with those who discount those prices, as long as it does
so unilaterally.
This section should not be interpreted as an agreement between you
and us to set
the price of our Product, but is inserted here to provide you with
full disclosure of
our rights so that your decision to purchase a license is made in
light of our full
disclosure.
We feel that discounting certain Products would serve to cheapen the
image of the product(s) in the eyes of the public; would cause damage
to our brand name and therefore undermine the present and future
products' attractiveness to potential customers as well as their
value to those already owning them.
10. MODIFICATIONS TO SERVICE
We reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Products and Services (or any part thereof)
and/or merchandise with or without notice. You agree that we shall not be
liable to you or to any third party for any modification, suspension or
discontinuance of the products and services.
11. TERMINATION
You agree that PrivateLabelSales.com, in its sole discretion, may terminate your
account, password, (or any part thereof) or use of this Service, and remove and discard
any Content within the Service, for any reason, including, without
limitation, for lack of use or if we believes that you have violated or
acted inconsistently with the letter or spirit of the TAC. We may also in
our sole discretion and at any time discontinue providing the Products and Services, or
any part thereof, with or without notice. You agree that any termination of
your access to the Service under any provision of this TAC may be effected
without prior notice, and acknowledge and agree that we may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service.
Further, you agree that we shall not be liable to you or any third-party
for any termination of your access to the Products and Services.
12. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or throughout this website, in our
products, or throughout this Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that we shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Service.
13. LINKS
The Products or Services may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because we has no control over such sites and
resources, you acknowledge and agree that PrivateLabelSales.com is not responsible for the
availability of such external sites or resources, and does not endorse and
is not responsible or liable for any content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that we shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
14. PrivateLabelSales.com PROPRIETARY RIGHTS
You acknowledge and agree that the Products and Services and any necessary software
used in connection with the Products and Services ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you through
the Products and Services or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as expressly
authorized by PrivateLabelSales.com or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the
Products and Services , in whole or in part.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a.
YOUR USE OF THE PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. THE PRODUCTS AND SERVICES
ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANDISE, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b.
PRIVATELABELSALES.COM MAKES NO WARRANTY THAT (I) THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (ii)
THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS AND SERVICES WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
c.
ONCE REGISTRATION IS MATURED FOR 90 DAYS AND ANY REQUIRED REGISTRATION,
PRODUCT OR SERVICE FEES ARE
PROCESSED, YOU UNDERSTAND AND AGREE THAT NO REFUNDS OF SUCH FEES ARE IMPLIED
OR EXPRESSED.
d.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.
e.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
PRIVATELABELSALES.COM
OR THROUGH OR FROM THE PRODUCTS AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TAC.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 PRIVATELABELSALES.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY
TO USE THE PRODUCT OR SERVICE; (ii) 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 PRODUCTS AND SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE
SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17
MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TAC or other matters by displaying
notices or links to notices to you generally on the Service.
19. COPYRIGHTS and COPYRIGHT AGENTS
PrivateLabelSales.com respects the intellectual property of others, and we ask our users to do
the same. This site is copyright© and no duplications or reuse of any or
part of it's contents may be granted without the expressed written consent
of PrivateLabelSales.com.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
PrivateLabelSales.com and govern your
use of the Service, superseding any prior agreements between you and
PrivateLabelSales.com.
You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software. The TAC and the relationship between you and PrivateLabelSales.com shall be governed
by the laws of the State of Pennsylvania without regard to its conflict of
law provisions. You and PrivateLabelSales.com agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Luzerne,
Pennsylvania. The failure of PrivateLabelSales.com to exercise or enforce any right or
provision of the TAC shall not constitute a waiver of such right or
provision. If any provision of the TAC 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 the TAC 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 Service or
the TAC must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TAC are for convenience only and have no legal or
contractual effect.
21. VIOLATIONS
Please report any violations of the TAC to
PrivateLabelSales.com
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