WEBSITE TERMS OF USE AND CONDITIONS AND PRIVACY POLICY

 

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”). THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

 

1. Scope of Terms of Use. These Terms of Use govern Your use of the Website, including all information, software, products, and services (collectively “Services”) available from this Website or offered as part of or in conjunction with this Website, except to the extent such Services are the subject of a separate agreement.

 

2. Modifications. Brandaide reserves the right to make changes to these terms and conditions at any time. The use of the Website constitutes Your agreement to all such terms, conditions, policies and notices, and any changes to these Terms and Conditions made by Brandaide. The term “Brandaide” shall refer to and include the Brandaide web site, and wherever you have agreed to indemnify Brandaide, or wherever Brandaide shall have no liability, the term Brandaide shall include all of its officers, directors, employees, agents and volunteers.

 

3. Personal and Noncommercial Use. The Website is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to Brandaide that you will not use the Web site for any purpose that is unlawful or prohibited by these Terms and Conditions.

 

4. No Legal or Professional Client Relationship. While the information on this Website was prepared to provide accurate information regarding topics related to branding, brand selection and protection, including trademark registration, the information contained in the Website is made available with the express understanding that neither Brandaide, nor experts on the Web site, nor the Web site itself, nor members of the Website are dispensing legal other professional advice and intend that this information is to be used for business and personal development and building your own business. The Web site is not intended to be a substitute for professional legal advice and no attorney client relationship is being created unless and until Brandaide or its licensed attorneys are engaged in accordance with the Rules of Professional licensing and conduct of the state(s) in which our attorneys are licensed.

 

Reliance on any information provided by Brandaide, Brandaide employees, or volunteers, others appearing on the Web Site at the invitation of Brandaide, or other visitors to the Web Site is solely at your own risk. Any messages, advice, opinions or other information contained in any discussion area or the like should not be construed as professional advice or instruction, regardless of any professional credentials of the person providing the information. The messages express the views of the author of the message, not necessarily the views of Brandaide. Brandaide does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the Site. Brandaide is not responsible for any services provided by, or any acts or omissions of, any persons or providers listed on or contacted through the Resource Directory, and inclusion of any person or provider in the Resource Directory does not constitute a representation, warranty or guarantee by Brandaide with respect to such person, provider, or their services.

 

5. Disclaimer of Warranties. Brandaide makes no representations about the results to be obtained from using the Website or the Services, the Information, or the Content therein. Use the web site at Your own risk. This Website is provided to You “as is,” without warranty of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title or non-infringement. Brandaide makes no warranty that any content contained on this Website satisfies any applicable government law, regulation or requirement. Neither Brandaide nor its employees, volunteers, agents, third-party information providers, merchants, licensors or the like warrant that the web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Brandaide. Brandaide reserves the right to change or discontinue at any time any aspect or feature of the web site.

 

6. Exclusion of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL BRANDAIDE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AGENTS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO BRANDAIDE OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to You.

 

 

7. Indemnification. You agree to defend, indemnify, and hold Brandaide, its officers, directors, affiliated companies, employees, volunteers, agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from Your use of the Website, or any content, product or service offered through the Website, in a manner that violates or is alleged to violate these Terms and Conditions. Brandaide shall provide notice to you 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.

 

8. Featured Links and Advertisements. The Web site may contain hyperlinks to web sites offered by parties other than Brandaide. Such hyperlinks are provided for your reference and convenience only. Brandaide is not responsible for the privacy practices or the content of such web sites; nor does Brandaide’ inclusion of hyperlinks to such web sites imply any endorsement of the material on such web sites or any association with their operators, including any web sites that may indicate a special relationship or partnership with Brandaide (such as co-branded pages or “powered by” or “in cooperation with” relationships). Unless otherwise specifically stated on this Website, Brandaide does not endorse any product or service or make any representation regarding the reliability, quality or accuracy of any products or services featured in, or linked to, any advertisement, article or other content appearing on this Web site.

 

Brandaide does not disclose personally identifiable information or unique identifiers to those responsible for the linked web sites. The linked web sites, however, may collect personal information from you that is not subject to Brandaide’ control. To ensure protection of your privacy, always review the Privacy Policy of the web sites you may visit by linking from the Website.

 

9. Linking and Hyperlinking. Unless Brandaide subsequently advises you otherwise, You are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Web site. Brandaide reserves the right to revoke this license generally, or Your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances, and at no time whatsoever, may you “frame” the Website or any of its content or copy portions of the Web site to a server, except as part of an internet service provider’s incidental caching of pages. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, and advertising or promotional materials not originally displayed on the page within the Web site.

 

10. Software Available on Website. Any software that is made available to download from this Web site is the copyrighted work of Brandaide and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Brandaide hereby grants to you a personal, nontransferable, non-sub licensable, and revocable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Brandaide in accordance with these Terms and Conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these Terms and Conditions.

 

11. License and Ownership. Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (“The Content”) are the sole property of Brandaide, its affiliates, or third parties. Copyright and other laws in the United States protect the Content. Elements of the Website may also be protected by trade dress, trade secret, unfair competition, and other laws, and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade dress (“Marks”) of Brandaide, its affiliates, or other entities that have granted Brandaide the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Brandaide. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Brandaide’ or the appropriate third party’s prior written permission. Except as expressly provided herein, Brandaide does not grant You any express or implied rights to Brandaide’ or any third party’s Intellectual Property.

 

Brandaide grants You a limited, personal, nontransferable, revocable license to (1) access and use only the Website, Content, and Services only in the manner presented by Brandaide, and (2) access and use the Brandaide computer and network services offered within the Website (the “Brandaide Systems”) only in the manner expressly permitted by Brandaide. Except for this limited license, Brandaide does not convey any interest in or to the Brandaide Systems, information, or data available via the Brandaide Content, Website, or any other Brandaide property by permitting You to access the Website.

 

12. Copyright. Except for material in the public domain under United States Copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Brandaide or the Copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be mailed to:

 

Brandaide

c/o Canto Novo, LLC

2221 SW 1^st Avenue # 1923

Portland, OR 97201

 

13. Restrictions on Use of the Website. In addition to other restrictions set forth in these Terms of Use, You agree that:

• You shall not disguise the origin of information transmitted through the Website.
• You will not place false or misleading information on the Website.
• You will not use or access any service, information, application, software, or content available via the Website in a manner not expressly permitted by Brandaide.
• You will not input or upload to the Website which contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system, the Website, or Information or that infringes the Intellectual Property rights of another.
• Certain areas of the Website are restricted to customers of Brandaide.
• You may not use or access the Website or the Brandaide Systems or Services in any ay that Brandaide’ judgment, adversely affects the performance or function of the Brandaide Website, or interferes with the ability of authorized parties to access the Brandaide Services or Website.

 

14. Termination of Privileges. Brandaide reserves the right to terminate Your privilege of using all or any portion of the Website for any or no reason in its sole discretion, even if access and use continues to be allowed to others. If Brandaide receives notice or otherwise discovers that You have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Brandaide may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website. Upon such suspension or termination, You must immediately discontinue use of the Website, and destroy any copies you have made of any portion of the Content therein.

 

15. Copyright Infringement. Brandaide will not tolerate copyright infringement of any kind. Brandaide does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending Brandaide notice that includes all of the following information:

• Your full name, address, and telephone number;
• Your e-mail address;
• Identification of the copyrighted work(s) that you believe is being infringed;
• Identification of the infringing material and information sufficient for Brandaide to locate the material;
• Your statement of good faith belief that:
  • The material infringes your copyrights;
  • The information provided in the notice is accurate, and
  • Under penalty of perjury, you are authorized to act on behalf of the copyright owner; and
• Your physical or electronic signature.

 

Direct such notice to Brandaide’ designated agent for receiving such copyright infringement notices:

 

Name:   Cheryl L Hodgson

Company:  Canto Novo, LLC dba Brandaide

Address 1:  2221 SW 1^st Avenue #1923

Address 2:  Portland, OR 97201

 

Upon receipt of notice complying with the above requirements, Brandaide will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.

 

If Brandaide removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Brandaide ‘s designated agent in writing and including the following information:

• Your full name, address, and telephone number;
• Your e-mail address;
• Identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled;
• Your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
• Your statement consenting to the jurisdiction the Federal District Court for the District in which your address is located, or, if you reside outside of the United States for the District of Colorado (where Brandaide may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent; and
• Your physical or electronic signature.

 

Upon receipt of a notice that meets the above requirements, Brandaide will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Brandaide will replace or enable access to the removed material unless Brandaide receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Brandaide and/or the copyright owner or Web site user.

 

16. Profile Information. Brandaide users (who may be referred to herein as Members) may choose to provide personally identifiable information (e.g., name and/or e-mail address) as well as non-personally identifiable information (e.g., hometown, age, hobbies/interest). The Profile Information in a Member’s profile is provided at his or her sole discretion. These privacy settings are designed to enable Members to control how they share their information. While Brandaide takes steps to ensure that others use Profile Information in a manner consistent with a Member’s privacy setting, Brandaide cannot guarantee that they will follow these rules, or that any profile visibility steps cannot be circumvented.  Therefore, consider this and your privacy settings whenever you provide or share information. Brandaide asks the age of users to identify potential users who fall within the Children’s Privacy Policy set forth herein, or otherwise to determine appropriate restrictions based on age, but Brandaide does not independently verify age or the accuracy of any information or other data submitted by a user, and is not responsible for any misrepresentations or errors in any such information.

 

17. Submissions. Brandaide does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Brandaide and its affiliates are under no obligation to keep such information confidential, and (c) Brandaide will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.

 

18. General. These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between You and Brandaide with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Brandaide reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by Brandaide. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

19. Jurisdiction. The Web site is controlled and operated by Brandaide from its principal office in the State of Oregon in the United States of America. Brandaide makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject Brandaide, or any content providers to this web site, to the laws or jurisdiction of any state, country or territory other than the Commonwealth of Virginia and the United States of America.

 

These Terms and Conditions of Use and Privacy Policy shall be governed by, and construed in accordance with, the laws of the State of Oregon, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction and venue of the state circuit courts and federal courts located within the State of Oregon to resolve any claim or dispute arising out of or based upon the Web site, or these Terms and Conditions of Use and Privacy Policy.

 

20. BRANDAIDE PRIVACY POLICY. For each visitor to the Web site, Brandaide’ servers automatically collect information about which pages are visited. This information is used for internal review, to tailor information to individual visitors and for Website traffic audits. We may also provide this information (as well as information from third-party market researchers) about our users on an aggregated, anonymous basis to our advertisers or sponsors.

 

Brandaide may place a “cookie” on the browser of Your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Website. Brandaide uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so Brandaide can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.

 

Brandaide may, in the course of providing services through its Website, ask You to disclose voluntarily certain information about Yourself. This could include information that identifies You or Your household. Any information in Brandaide’ possession solely as a result of Your use of the Website and that is associated with you or your household is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). ‘Personal Information’ does not include statistical data about large numbers of users, none of whom are identifiable, nor does it include information that you have posted for public view on the Website (either generally, or in areas available to only some visitors) or otherwise publicly disclosed.

 

Brandaide uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:

• to process requests or orders placed with advertisers or merchants;
• to perform such normal business operations as billing, collecting and accounting;
• to personalize and publicize the Web site based on your interests, including making you aware of editorial features, advertisements and commercial items; and
• to investigate complaints and to protect the Web site and Brandaide, its users, officers, directors, employees, agents or volunteers as provided by law or in case of emergency, as determined by legal counsel for Brandaide.

 

Except as necessary to process your requests or orders placed with advertisers or merchants featured on the Web site, Brandaide does not rent, sell, barter or give away any lists containing Personal Information for use by any outside company. Brandaide also respects the privacy of data on your personal computer and does not access, read, upload or store data contained in or derived from your private files without your authorization.

 

21. Opt Out Procedures. You may always opt out of receiving future mailings or other information from Brandaide. If the mailing does not have an e-mail cancellation form, send a letter to Dr. Elva Edwards, at the address listed above in Clause # 12 and Clause # 15 detailing the type of information that you no longer desire to receive.

 

22. Children’s Privacy. The following additional terms, conditions and notices apply to use of the Web site by children under the age of 14 years whenever Brandaide becomes aware that a user is in that age range:

• Users under 14 years of age may not submit or post information on the Web site without the consent of the user’s parent or legal guardian. Prior to collecting any personal information about a child under 14, Brandaide makes reasonable efforts to obtain consent from the child’s parent after informing the parent about the types of information Brandaide will collect, how it will be used, and under what circumstances it will be disclosed.
• Although Brandaide will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 14 years old, no method is foolproof. Brandaide strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
• “Personal information” collected from children may include any of the information defined above as “Personal Information” with respect to general users of the Web site and may be used by Brandaide for the same purposes. Except as necessary to process a child’s requests or orders placed with advertisers or merchants featured on the Website, Brandaide does not rent, sell, barter or give away any lists containing a child’s Personal Information for use by any outside company.
• If a child enters a game, contest, poll or other activity sponsored by Brandaide on the Website, the child may be required by Brandaide to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
• A child’s parent or legal guardian may request Brandaide to provide a description of the Personal Information that Brandaide has collected from the child, as well as instruct Brandaide to cease further use, maintenance and collection of Personal Information from the child.
• If a child voluntarily discloses his or her name, e-mail address or other personally identifying information on chat areas, bulletin boards or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.

 

23. Contacting Us. If you have any questions about these Terms and Conditions, the practices of the Web site, or your dealing with Brandaide, you may contact us at:

Company:  Brandaide

Address 1:  2221 SW 1st Avenue #1923

Address 2:  Portland, OR 97201