Terms And Conditions For Use Of Our Products And Services

 

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