Customer Terms of Use

  1. 1. Account
    A person or entity can become a customer by completing the customer account set-up process on the Site or by being named as an additional user on the account of a current authorized customer (in either instance, a "Customer"). You must complete the set-up process by providing BMA with complete and accurate information as prompted by the registration form, including your e-mail address and password. You shall protect your password, and are solely responsible for any and all use that occurs under your account, including any usage by additional authorized users on your account or any use of your password or the passwords of your authorized users. You agree to notify BMA immediately of any unauthorized use of your account or any other breach of security.

  2. 2. Nondisclosure of customer information
  3. In the normal course of using the BMA Site, you, your customers or our automated systems may upload or input information about your business, your customers' or details of their transactions with your business ("Customer Information") into the Site. We will take commercially reasonable efforts to protect your Customer Information and will not disclose your Customer Information to a third party except when (i) your customer includes Customer Information in an online review of your business, (ii) a review of your business is published in which case we will disclose the first name, last initial and location of the reviewer, (iii) you specifically ask us to disclose Customer Information. If you ask us to engage in repeat customer marketing on your behalf or to solicit your customers for reviews on your behalf, we will disclose certain information to third party service providers such as email hosting companies and direct mail providers. Such information may include the name, address, phone number and email address of selected customers. These third-party service providers are limited to only accessing or using the Customer Information required to provide services to us and must provide reasonable assurances that they will appropriately safeguard the data. We reserve the right to aggregate Customer Information with other businesses' Customer Information to provide general analysis tools to you or others.

    We reserve the right to disclose your Customer Information as required by law; or to protect the rights, property, or safety of BMA, our users, or others. In the event that we are legally compelled to disclose your Customer Information to a third party, we will make reasonable efforts to notify you prior to disclosure unless doing so would violate the law or a court order and will cooperate with your efforts to obtain a protective order.

  4. 3. Content
  5. All information, words, images, sounds, and other material on all pages of the Site ("Content," which shall be deemed to include, without limitation, all Customer Content as defined below), to the extent proprietary in nature, is the property of BMA. BMA takes no responsibility and assumes no liability for any message, profile, opinion, question, answer, posting, data, information, file, text, link, music, sound, image, video, photo, graphic, code, work of authorship or other material posted, stored, or uploaded or downloaded by a Customer or any third party to your review pages, including without limitation content provided by you, your customers and reviewers (including, but not limited to, any reviews transcribed and summarized by BMA from phone calls with your customers) (collectively, "Customer Content"), or for any loss or damage to or resulting from Customer Content. Customer Content is expressly limited to any Content derived from your account or posted on your account's review page, including but not limited to your published reviews, non-published reviews and suggestion box communications. AS A PROVIDER OF INTERACTIVE SERVICES, BMA IS NOT LIABLE FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY IN ANY CONTENT, NOR WILL BMA BE LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR ANY OTHER INFORMATION OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE OR OTHER INTERACTIVE AREA, WHETHER OR NOT PART OF THE SITE. Although BMA has no obligation to screen, edit or monitor any of the Content posted to or distributed through the Site, BMA reserves the right, and has absolute discretion, to remove, screen or edit, with or without notice, any Content posted or stored on the Site, at any time and for any reason. You agree that an authorized user of your customer account will review the Customer Content relating to your account and will promptly notify BMA if any such Customer Content contains inaccurate information or otherwise does not meet the definition of a Valid Review. A "Valid Review" is a review that does not include any of the following: (a) Obscenities, discriminatory language, or other inappropriate comments (including any comments written in a language other than English) not suitable for this forum; (b) Advertisements, "spam" content, or references to other companies, reviewers, services, products, offers, or websites; (c) Email addresses, URL's, phone numbers, physical addresses, or other forms of contact information; (d) Reviews that: are not written by a paying customer of the company being reviewed; are not written about an experience a customer had within the last 12 months; have been withdrawn by the reviewer; or that BMA believes, in its sole judgment, to be untrue; (e) Critical or spiteful comments about other reviews or their authors; (f) Computer viruses, scripts, tags, worms or other potentially damaging computer programs or files; or (g) Comments that may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation.

    BMA may provide Content to third-party web sites to be published on such sites. BMA makes no representations or assurances that any Content will be published on any third-party web site; that any Content that is published on any third-party web site will be accurately reproduced; that any Content that is published on any third-party web site will not be reproduced onto additional web sites that have not been approved by BMA; or that, if any Content is published on a third-party web site, that such Content will remain on such site. BMA may, at its sole discretion, seek to remove any Content from any third-party web site at anytime including, but not limited to, upon the termination of your account.

    If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by BMA or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Content; and (d) you forever release BMA, and its licensees, successors and assigns, from any claims that you could otherwise assert against BMA by virtue of any such moral rights. As part of our marketing services, you grant us a limited, non-exclusive license to reproduce the trademarks, trade names, service marks, logos, and trade dress that you upload to the Site.

  6. 4. Proprietary rights
  7. Except for the limited license granted below, BMA expressly reserves all right, title and interest in and to the Site, the Content (including without limitation the Customer Content), the BMA Technology (as defined below) and all other BMA IP (as defined below) and no rights therein are transferred to you by your access to the Site or the BMA IP. "BMA Technology" means all technology, inventions, know-how and related intellectual property owned or developed by BMA, including without limitation BMA-related software, code, script or API and all processing, algorithms and other software and technology used by BMA in the provision of the Site, together with any fixes, updates and upgrades of the foregoing. "BMA IP" means all intellectual property of BMA, including without limitation the Site, the Content, the BMA Technology, all trade secret or confidential information of BMA, including without limitation all Member Information (as defined below), all trademarks, trade names, service marks, logos, trade dress and similar intellectual property rights of BMA, the BMA-provided logo and link, and any copyright, patent, trademark, other intellectual property right or federal or state right pertaining thereto, together with all derivatives, improvements, enhancements or extensions of any of the foregoing intellectual property conceived, reduced to practice or otherwise developed on or on behalf of BMA. BMA IP constitutes valuable assets of BMA. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to BMA IP, whether by estoppel, implication or otherwise.

    BMA and the BMA logo, and all other product or service names or slogans displayed on the Site in connection with the Services, are registered and/or common law trademarks, service marks or trade names of BMA and/or its suppliers or licensors, and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of BMA or the applicable trademark holder. In addition, the look and feel of the Site constitute the service marks, trademarks and/or trade dress of BMA and, except as expressly provided herein, may not be copied, imitated or used, in whole or in part, without the prior written permission of BMA. All other trademarks, or service marks or trade names or trade dress, product names and company names or logos, whether or not registered, mentioned on the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by BMA.

  8. 5. Licenses
  9. Subject to these Terms, BMA hereby grants to you a limited, revocable, non-exclusive, non-transferable license ("License") to access and use the Site and, to the extent necessary to your use of the Site, the BMA IP, in each case solely in accordance with these Terms and the applicable policies of BMA made available on the BMA Site.

    During the term of the License, BMA hereby grants to you a limited, revocable, non-exclusive, non-transferable license to include a link to the Site and an image from the Site of the BMA logo on your web site solely for the purpose of accessing the information available from the Site.

  10. 6. Confidentiality; restrictions on use
  11. The BMA IP is to be used only to facilitate the exchange of opinions and information about the businesses, services, products and locations reviewed on or providing information to the Site, and each person or entity supplying information to or using information from the Site shall only use the BMA IP for such purpose. You shall not: (a) use, or allow the use of, any BMA IP, except pursuant to the limited rights expressly granted in these Terms; (b) use the BMA IP other than for its intended purpose or, with respect to the BMA Technology that is a part thereof, in any manner that is inconsistent with user documentation, if any, made available to you by BMA; (c) attempt to decompile, reverse engineer, hack into or compromise any aspect of the BMA IP (including without limitation the BMA Technology), or attempt to access personal data of any other registered users; (d) use any data mining, robots or similar data gathering or extraction methods to collect information or data from the BMA IP; (e) remove, obscure or alter any legal notices, including without limitation notices of intellectual property rights appearing in or on the BMA IP or any materials delivered to you by BMA; (f) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the BMA IP; (g) reproduce, distribute, display, modify or make derivative uses of the BMA IP or the Site Content, or any portion thereof (except for any Content for which you have been given written permission), except as expressly provided herein; or (h) engage in any prohibited conduct, as detailed below.

    Without limiting the generality of the foregoing, you specifically agree to the following restrictions on disclosure and use of Member Information (as hereinafter defined): You agree not to use the Member Information for any purpose whatsoever other than evaluating the businesses reviewed as potential service providers. You agree not to disclose the Member Information to anyone except as necessary for the foregoing use. Without limiting the foregoing in any manner, you specifically agree not to use any Member Information to solicit any customer of BMA in connection with any business whatsoever. "Member Information" as used herein means all information posted or accessible on the Site relating to or concerning BMA customers.

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You will not use the BMA IP in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation any law or right regarding the transmission of technical data exported from the United States or the country in which you reside, any laws affecting the transmission or posting of content or affecting the privacy of persons, or any law or right regarding any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

    Except as expressly permitted herein, any use of any portion of the BMA IP without the prior written permission of BMA is strictly prohibited and will terminate the License. Any such unauthorized use may also violate applicable laws, including without limitation copyright, trade secret and trademark laws and applicable communications regulations and statutes.

  12. 7. Prohibited conduct
  13. You agree that you are responsible for your own conduct and Content while using the BMA IP and for any consequences thereof. You agree to use the BMA IP only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, you agree not to post, email, or otherwise make available Content: (a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; (b) that is pornographic or depicts a human being engaged in sexual conduct; (c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (d) that impersonates any person or entity, including, but not limited to, a BMA owner or employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (e) that includes personal or identifying information, beyond a first name, about another person without that person's explicit consent; (f) that is false, deceptive, misleading, deceitful, or constitutes "bait and switch"; (g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement or any similar matter; (i)that constitutes or contains any form of advertising or solicitation if: posted in areas of the BMA Site which are not designated for such purposes (j) that communicates directly regarding services, products or commercial interests (via email or phone) to a BMA user who has not previously given you their email address and indicated in writing that it is all right to contact them about the same; (k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items services the sale of which is prohibited; (l) that contains software viruses or any other computer code, files or programs; (m) that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site; or (n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site. Additionally, you agree not to: (i) contact anyone who has asked not to be contacted; (ii) "stalk" or otherwise harass anyone; (iii) attempt to gain unauthorized access to BMA's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site; or (iv) use any form of automated device or computer program that enables the submission of postings on or through the Site without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

    The above list is only representative of the conduct not permitted under these Terms and is not exhaustive. BMA does not screen the behavior of users and is not liable for their actions or violations of these Terms. If you suspect a user is in violation of these Terms, please contact BMA at info@brandingmarketingagency.com. Any conduct deemed inappropriate by BMA may result in suspension or termination of your BMA account and License.

  14. 8. Third parties
  15. The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content"). You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. BMA does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. BMA provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply BMA's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. BMA accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites or Web sites linking to the Site. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including without limitation privacy and data-gathering practices, of any Third-Party Site, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your interactions with other users of the Site or with advertisers, including without limitation payment and delivery of goods or services, or other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other user or the advertiser. You agree that BMA will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any third party's use or disclosure of personally identifiable information supplied to such third party by you. If there is a dispute between you and any third party (including without limitation another user), BMA has the right, but not the obligation, to participate in or monitor such dispute; provided, however, that neither the possession nor the exercise of such right shall be deemed to create any duty, liability or obligation on BMA.

  16. 9. Fees
  17. To continue your license after the expiration of your Free Account, an amount equal to the then-current set-up fee (the "Set-Up Fee") plus the first month's membership fee (the "Membership Fee") plus any monthly direct mail budget that you have approved (the "Mail Fee") (together, the "Fees") is due and payable. The current Fees can be found on the Site. Until your account is terminated, each month, on the monthly anniversary of your set-up date, the then-current Membership Fee plus Mail Fee is due and payable. From time to time, BMA may offer discounts on certain fees, but is not obligated to do so and is not obligated to offer all discounts to existing customers. Unless you have updated the credit card information on the Site, the credit card with which you registered for the Site will be charged on the date that any fee becomes due and payable. You are responsible for maintaining and updating the credit card information on file in your account to ensure that your account is not deactivated.

    BMA reserves the right to change its fee schedule for use of the Site and the BMA IP in the future. As a condition of your continued use of and access to the Site following notice thereof, you agree to pay BMA pursuant to the then-current fee schedule available on the Site, and BMA reserves the right to deactivate your access to the Site for failure to pay any such applicable fee on or prior to the due date. Deactivation of your account does not serve as account termination, and your financial obligations to BMA in such a case under these Terms would continue to accrue. If your account is deactivated, to reactivate your account a reactivation fee (a "Reactivation Fee") equal to the then-current Set-Up Fee will be charged to your credit card.

    Upon termination or cancellation of your account, no refund of any pre-paid Membership Fee will be issued. Any refund of fees that is issued by BMA will be in the form of a check or a credit to the credit card on file and will be at BMA's sole discretion.

  18. 10. Privacy
  19. Access to the Site may store a cookie on your computer. In connection with the provision of the Site, BMA may aggregate data derived from your use of the Site to compile aggregate statistics, metrics and general trend data about the Site for marketing and promotional purposes. You agree to not use the Site to track or collect personally identifiable information of other users, nor will you associate any data gathered with any personally identifying information from any source as part of your use of the Site. BMA is committed to protecting your privacy and the information that BMA gathers. BMA's complete privacy policy (the "BMA Privacy Policy"), which is incorporated into this Agreement by reference, is available at the following link: Privacy Policy. By Accepting the Terms, you represent and acknowledge that you have read, understand and agree to the terms of the BMA Privacy Policy.

  20. 11. Notification of claims of infringement
  21. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify BMA's agent for notice of claims of copyright or other intellectual property infringement ("Agent") at: info@brandingmarketingagency.com with "Attn: Copyright Agent" in the subject line.

    Please provide our Agent with the following notice ("Notice"): (a) a description of the copyrighted work that you claim has been infringed; (b) a description of the material on the Site that you claim is infringing, with enough detail so that we may locate it; (c) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (d) a statement by you declaring under penalty of perjury that (i) the above information in your Notice is accurate, and (ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; (e) your address, telephone number, and email address; and (f) the physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest. BMA will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act ("DMCA") (including without limitation the counter-notice and put-back procedures).

  22. 12. Indemnification
  23. You agree to indemnify, hold harmless and defend BMA and its members, officers, directors, employees, agents and affiliates, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against BMA or any of its members, officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including without limitation reasonable attorneys' fees) incurred by BMA or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (a) your breach of any term or condition of these Terms, or (b) your use of the Site or any use of the site by your authorized user or misuse of your or your authorized users' passwords, or (c) any use by others of your Customer Content. In such a case, BMA will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. BMA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such an event your obligation to indemnify and hold harmless BMA (and its members, officers, directors, employees, agents and affiliates) shall continue in full effect with the sole exception of costs of defense.

  24. 13. Release
  25. You hereby release BMA, and its members, officers, directors, employees, agents and affiliates, from any and all claims, demands, losses, damages, rights, and actions of any kind, including without limitation financial or non-financial loss, damage to your or your company's reputation, personal injuries, death, and property damage, that are either directly or indirectly related to or arise from (a) any interactions with other users or any BMA IP, (b) any incorrect or inaccurate Customer Content or other Content (including without limitation any information in profiles) posted on or through the Site, whether caused by users or by any of the equipment or programming associated with or utilized in the Site, (c) conduct of any user of the Site, (d) any direct mail or email sent on your behalf or (e) removal of any Customer Content or other Content provided by you to the Site. You hereby waive California Civil Code section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

  26. 14. Representations and warranties; disclaimers
  27. The site and all BMAip are provided "as is" and "as available." there are no warranties, claims or representations made by BMA (or any member, officer, employee or agent thereof), either express or implied, with respect to the site or any BMAip, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, title or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance, or trade usage. the information and services included in or available through the site or services may include inaccuracies or typographical errors. BMA (or any member, officer, employee or agent thereof) does not warrant that (a) the site or other BMAip will meet your needs, (b) the site or other BMAip will be error-free or accessible at all times, (c) defects will be corrected, (d) the site or the server that makes the site available are free of viruses or other harmful components, or (e) the use or the results of the use of the site or the content made available as part of the site will be correct, accurate, timely or otherwise reliable. you assume all responsibility for selection and use of content and all other BMAip.

    The foregoing exclusions and disclaimers are an essential part of these terms and formed the basis for determining the price charged for the services. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you.

  28. 15. Limitations of liability
  29. To the maximum extent allowed by law, under no circumstances, including , without limitation, negligence, shall BMA be liable to you or any third party for any special, punitive, incidental, consequential or other indirect damages, whether or not foreseeable, including, without limitation, lost revenues, lost profits, lost business, or lost data, arising from your use of, or any other party's use of, or your or any other party's inability to use, the site, the content or any other BMAip, whether based on a claim or action of contract, warranty, negligence, strict liability or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if BMA has been advised of the possibility of such damages.

    BMA's cumulative liability to you or any other party for any loss or damage resulting from any claims, demands, or actions arising out of or relating to these Terms shall not exceed one hundred dollars (US$100). Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. The limitations on damages hereunder are part of the terms under which BMA is willing to allow customers to register and be included on the site as contemplated herein. customer acknowledges that the services, site and content would not be provided under the same terms, including without limitation the same low cost, to customer, if BMA were responsible for customer's damages.

  30. 16. Internet
  31. BMA reserves the right to make the Site unavailable or to take it down without notice as may be required or desired to make modifications or for any other reason. In addition, any software, information, content, or material of any kind downloaded or otherwise obtained through the use of the Site is obtained at your own discretion and risk, and you shall be solely responsible for any damage to any computer or loss of data that results from such download or use of the Content or access to the Site. Portions of the Site utilize Internet connectivity to transmit and receive Web pages, Content and data. BMA may utilize this information to gather usage statistics. In addition, you are warned that the Internet is not a secure medium or environment, and thus all use of the Internet, including in without limitation connection with the Site and Content, is solely at your own risk. BMA is not responsible for any viruses, spam or other actions or results that may occur as a result of your use of the Internet, Software, Site or Content.

  32. 17. Termination; modification of license and site offering
  33. You can terminate your BMA account at any time by logging into your account and clicking on Terminate Account or by calling 866-718-9549 and asking us to terminate your account for you. In either instance, you agree that you have not terminated your account until and unless you have received an email from BMA confirming your account termination. Upon termination of your account, the License to use the Site and the other BMA IP, or any portion thereof, will terminate simultaneously. Notwithstanding any provision of these Terms, BMA reserves the right, in its sole discretion, without any notice or liability to you, to (a) terminate your License to use the Site and the other BMA IP, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site or the other BMA IP; (c) change, suspend or discontinue any aspect of the Site or the other BMA IP; and (d) impose limits on the Site and the other BMA IP. Either party hereto may terminate the License at any time and for any reason. In addition, the License will terminate immediately, without notice, if you fail to comply with these Terms.

    Upon any termination of the License, you will discontinue use of the Site and the other BMA IP and, if applicable, delete all copies of the BMA IP from your browser, Web servers, servers and any other location where BMA IP has been saved. Upon termination of the License, you will no longer have access to the Site or any of the Content contained therein. You understand and acknowledge that, unless and until the BMA IP is deleted from your servers, Web servers, Web sites, and browser, these Terms remain in effect. Sections 2, 3, 4, 6, 7 and 10-17 will survive termination of the License.

  34. 18. Irreparable harm
  35. You understand that in the event it fails to comply with this Agreement, BMA may suffer irreparable harm which may not be adequately compensated for by monetary damages alone. You, therefore, agree that in the event of your breach or threatened breach of this Agreement, including without limitation Sections 2 through 6, BMA will be entitled to injunctive and/or other preliminary or equitable relief, in addition to any other remedies available at law.

  36. Miscellaneous
  37. These Terms represent the complete agreement between us concerning its subject matter, and supersede all prior agreements and representations between the parties hereto. These Terms shall be governed by and construed under the laws of the State of California without reference to its conflict-of-law principles. In the event of any conflicts between foreign law, rules and regulations and California law, California law, rules and regulations shall prevail and govern.

    Each party hereto agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in San Francisco, California, with respect to any dispute between the parties related to this Agreement, the Services or the BMA IP (whether based in contract tort or any other right). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The BMA IP is controlled by U.S. Export Regulations, and may be not be exported to or used by embargoed countries or individuals.

    Any notices to BMA must be sent via email addressed to: contact@brandingmarketingagency.com, and are deemed given upon receipt. Notices to you will be sent to your email address on record with BMA, and are also deemed given upon receipt. If any portion of these Terms shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of these Terms (including, without limitation, each portion of these Terms containing any provision held to be invalid, void or otherwise unenforceable, that is not itself invalid, void or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void or unenforceable.

    A waiver of any default is not a waiver of any subsequent default. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.

    Anything contained on the Site inconsistent with or conflicting with these Terms is superseded by these Terms, as in effect at any given time.

    You represent and warrant that you are at least eighteen (18) years of age and that you have the right and ability to enter into these terms. you further represent that you are authorized to enter into these terms, and that these terms constitute your valid and legally binding obligation.

  38. Questions and comments
  39. If you have any questions regarding these Terms or your use of the Site, please submit them to us atinfo@brandingmarketingagency.com.

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