Umbrellas: Sports & Leisure Promotional Products | Promo Marketing

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This Agreement is between North American Publishing Company ("Publisher"), publisher of Promo Marketing, and you ("User"), the person or entity accessing PromoMarketing.com ("Site"). 1. Grant of Limited Rights. In return for your compliance with all of the terms of this Agreement, the Publisher hereby grants to you a non-exclusive, non-transferable, limited right to access and display on your personal computer the materials contained on the Site solely for your personal, internal use in connection with your business. You may occasionally print hard copies of individual pages of the Site for your personal reference. Except for the foregoing, you may not under any circumstances reproduce or transmit any portion of this Site, by any means, mechanical, photographic, electronic or otherwise. Without limiting the foregoing, you expressly agree that you will not, and will not permit others to, use the information you obtain through this Site for the purposes of creating or updating mailing lists, catalogs, web sites or any other publication or service, nor will you attempt to sell information obtained through this Site to third parties. Publisher reserves the right to restrict, suspend or terminate this Agreement and your access to the Site, in whole or in part, without notice, in the event of any breach or threatened breach by you of any term of this Agreement. User acknowledges that access to the Site for any purpose is contingent upon user's agreement with the terms as outlined below. 2. Your username and password. As part of the registration process, you will create a username and password. Under no circumstances may you permit any other person or entity to use your username and password for the purpose of accessing the Site, nor may you use your username and password to access the Site for the benefit of anyone else. You are solely responsible for maintaining the confidentiality of your username and password. User acknowledges that the Proprietary Information constitutes valid, proprietary trade secrets of the Publisher. User shall hold the Proprietary Information in strict confidence except as required to exercise User's express rights granted herein. User shall use the Proprietary Information solely in accordance with the license granted herein and for the sole purpose of performing routine business functions within User's day-to-day business. In no event shall User assist with or engage in any benchmarking of the Publisher or provide any information regarding the Proprietary Information to a competitor of the Publisher. User shall not modify, remove, or obscure any copyright of other proprietary notices contained within the Publisher or the output thereof, except as specifically intended and allowed by the design of the Publisher. User agrees to honor all of the copyrights in this site. Access to this site does not give user the right to reproduce any copyrighted or trademarked materials in the site unless otherwise specified. 3. Copyright and Trademarks. All materials on the Site are owned or licensed by the Publisher. Publisher retains all right, title, and interest in and to the content of the Site, including the selection, organization and arrangement thereof. Copyright, trademark and other laws protect the Site and its content. Note that the Publisher makes no claim to the content of U.S. Government works or of materials that are in the public domain. User acknowledges that the Proprietary Information constitutes valid, proprietary trade secrets of the Publisher. User shall hold the Proprietary Information in strict confidence except as required to exercise User's express rights granted herein. User shall use the Proprietary Information solely in accordance with the license granted herein and for the sole purpose of performing routine business functions within User's day-to-day business. In no event shall User assist with or engage in any benchmarking of the Publisher or provide any information regarding the Proprietary Information to a competitor of the Publisher. User shall not modify, remove, or obscure any copyright of other proprietary notices contained within the Site or the output thereof, except as specifically intended and allowed by the design of the Site. User agrees to honor all of the copyrights in this site. Access to this site does not give user the right to reproduce any copyrighted or trademarked materials in the site unless otherwise specified. 4. Forums. The Site may include features such as chat rooms, bulletin board services or other interactive communication facilities (collectively, the "Forums"). Publisher cannot and does not undertake to review all communications made on or through the Forums. Publisher reserves the right, but has no obligation, to monitor the Forums and to edit, modify or delete any materials that the Publisher in its sole discretion determines violate this Agreement or are contrary to any Publisher policy or the Publisher's business interests and customer relations. By transmitting any communication to or through the Site, including the Forums, you grant to the Publisher a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to reproduce, sublicense, distribute, display, transmit, modify, and otherwise exploit such communication, including your identity as its author or sender. 5. Prohibited Communications You are solely responsible for the content of any communications you make to or through the Site or any materials you add to the Site, including to any Forum (the "Communications"). You agree not to upload/download to or otherwise publish any Communication that: advertises or solicits the sale of goods or services (other than the Publisher's goods or services); is obscene, indecent or otherwise sexually explicit or abusive; defames any person or entity or otherwise invades anyone's rights or causes any form of injury to any other person or entity; or that contains software viruses or any other malicious code. You agree not to use the Communications or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to multiple recipients, unless permission is indicated otherwise. 6. DISCLAIMERS, LIMITATION OF WARRANTY, LIMITATION OF LIABILITY; INDEMNITY. The Site is provided as a research and reference tool. Although the Publisher makes every reasonable effort to ensure that the information provided through the Site is useful, accurate, and current, the Publisher cannot guarantee that the information contained on the Site will be error-free. By proceeding to access the Site, you assume all responsibility for and risk arising from your access to and use of and reliance upon the Site and its contents. This Site and the information available through it do not, and are not intended to constitute legal advice. Should you require legal advice, or other professional assistance, you should consult your own attorney or appropriate professional. Imprints, logos or trademarks displayed on products in the Site are solely for the purpose of showing imprinting capabilities on these products. They are not intended to reflect or imply endorsement of the products by the companies the imprints represent and are not available for sale to anyone other than parties expressly authorized by the owner of such design. No listing or advertisement should be considered an endorsement by the Publisher of any goods, services, companies, manufacturers, or their agents and representatives. You agree to indemnify, defend and hold the Publisher harmless from any and all claims, demands or causes of action arising from or relating in any manner to any breach or alleged breach by you of the terms and conditions of this Agreement. Publisher may elect in its discretion to assume the defense of any such matter and you shall not settle any such matter without the Publisher's consent. 7. Modifications. Publisher may modify this Agreement and any policies affecting the Site effective immediately upon notice to you posted to the Site or distributed via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). 8. Information Supplied by User User represents and warrants that any information supplied by User to the Publisher, either directly or indirectly, or data entered into the Site by User (i) will be accurate, truthful, and not misleading; and (ii) will not infringe upon any privacy or intellectual property rights or other legal rights of a third party. Publisher has no obligation to verify the accuracy or completeness of any information provided to it by any party for entry into its systems, and all such information is used at User's sole risk and peril. User agrees to indemnify, hold harmless, and at the Publisher's option, defend the Publisher for all damages, liability, and costs (including attorneys' fees) incurred by the Publisher resulting from a breach of this Agreement. It is understood that the Information supplied to the Publisher by User may be shared with the Publisher advertisers and suppliers whose products appear in the Site. This includes, but is not limited to, the transmission of Requests for Quotes, Requests for Catalogs, Requests for Samples and Client Proposals. However, under no circumstances will the Publisher share information, pertaining to Users' customers, with its advertisers and other suppliers whose products appear in the Site, as the Publisher recognizes that the identity of users' customers and prospects who receive Client Proposals is highly confidential and proprietary. As a user of the Site, you agree that you are a qualified distributor/reseller of promotional products and that you have not misrepresented yourself in any way on your registration profile in order to gain access to the Site. In the event a user misrepresents himself/herself in order to gain access to this site, the user shall be subject to a penalty of $10,000 per occurrence. 9. Ownership The parties acknowledge that the Site is licensed, not sold, to User. As between the Publisher and User, the Publisher owns and shall own all right, title, and interest in and to all Information, as well as the intellectual property embodied therein and related thereto. Without limiting the foregoing, to the extent that User is deemed to be the owner of any right, title, or interest in or to any or all of the Information, User hereby grants to the Publisher a worldwide, royalty-free, fully paid up, irrevocable, perpetual license to exercise any right whatsoever with such information, including the right to sublicense any such right. 10. Telephone and Email Preferences By completing registration process, user acknowledges that he or she will receive free email newsletters, special offers and other information chosen at the discretion of the publisher. User is entitled to opt out of any email communications by: * following the unsubscribe link in individual emails or; * accessing their email settings in the My Profile section of the website or; * contacting customerservice@promomarketing.com. By completing registration process, user acknowledges that he or she may be contacted periodically with special offers and other promotional marketing business opportunities. User may request that his or her name be removed from telephone contact lists by contacting customerservice@promomarketing.com. 11. Choice of Law, Agreement to Personal Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania (excluding its choice of law rules). You hereby consent to personal jurisdiction over you in the state and federal courts of Pennsylvania for any action arising out of or relating to your use of the Site or this Agreement and that any legal action arising out of this Agreement or site shall be brought exclusively in the courts of Pennsylvania. 12. General. This Agreement constitutes the entire agreement between you and Publisher with respect to the Site and supersedes all prior agreements, whether written or oral, with respect to the subject matter hereof.

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