You should carefully read the Terms of Use before
using Our Site. By using Our Site or indicating your agreement by
clicking the Accept button or putting a check in the Accept box, you
agree to be bound by the Terms of Use. This is a legally binding agreement.
If you do not agree with the Terms of Use you should not use Our Site.
1. We agree to provide you access to Our Site in accordance
with the Terms of Use.
2. You agree to use Our Site in a manner consistent
with any and all applicable rules and regulations.
3. You accept that Our Site is provided on an "as is,
as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR
SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.
5. YOUR ACCESS TO AND USE OF OUR SITE MAY BE TERMINATED
AT ANY TIME FOR ANY REASON OR FOR NO REASON BY YOU OR BY US BY THE
SENDING OF NOTICE TO THE OTHER PARTY.
6. WE MAY FOR MARKETING PURPOSES COLLECT, PROCESS AND
TRANSMIT DATA OBTAINED FROM AND ABOUT YOU IN THE COURSE OF YOUR ACCESSING
OUR SITE. Our privacy policy is short and sweet at BrochuresThatWork.com.
We promise NEVER to trade, rent, or sell your information to any third
party online or offline.
7. You may not modify, copy, distribute, republish or
upload any of the material on our Site without our prior consent in
writing. No intellectual property or other rights shall be transferred
to you.
8. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS,
WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS
EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND
HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF
DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR
DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY
KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE
USE OF THIS OUR SITE OR ANY WEB SITE WITH WHICH IT IS LINKED. YOU
ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA
BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.
9. Where we provide hypertext links to other sites we
do so for information purposes only, and such links are not endorsements
by us of any products or services in such sites and we accept no liability
nor make any endorsement or approval of the same.
10. The Terms of Use contain the entire understanding
between us with respect of Our Site and no representation, statement,
inducement oral or written, not contained herein shall bind either
of us.
11. Should any part of the Terms of Use be declared
invalid or unenforceable by a court of competent jurisdiction, this
shall not affect the validity of any remaining portion and such remaining
portion shall remain in full force and effect as if the invalid portion
of the Terms of Use had been eliminated.
12. This Agreement is governed by the laws of the State
of Pennsylvania, without regard to principles of conflict of laws.
To the extent you have in any manner violated or threatened
to violate BrochuresThatWork.com and/or its affiliates' intellectual
property rights, BrochuresThatWork.com and/or its affiliates may seek
injunctive or other appropriate relief in any state or federal court
in the State of Pennsylvania, and you consent to exclusive jurisdiction
and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to
first try to resolve it with the help of a mutually agreed-upon mediator
in the following location: Montgomery County, PA. Any costs and fees
other than attorney fees associated with the mediation will be shared
equally by each of us.
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute to binding
arbitration at the following location: Montgomery County, PA, under
the rules of the American Arbitration Association. Judgment upon the
award rendered by the arbitration may be entered in any court with
jurisdiction to do so.