Condition of Use

PLEASE READ THE FOLLOWING CONDITIONS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION. BY USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE CONDITIONS.

Some Useful Definitions

In these Conditions:

“Affiliate”

in relation to any company, means any company it controls or is controlled by or with which it is under common control.

“Comments”

means comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials and Content).

“Content”

means any and all textual and graphical content including, without limitation, text, code, graphics, images, logos, photographs, sounds, music, video, animation, characterization, URL, trademarks, data, media, and other content in any form.

“IP”

means (a) all copyrights, patents, rights in trademarks, design rights, database rights, rights in know-how, trade secrets, service marks, domain names, rights in confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, renewal, extension, division or reissue, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.

“Laws”

means laws, regulations, rules, orders, codes of practice or other requirements of any governmental authority or regulatory body of competent jurisdiction from time to time.

“Malware”

means any software designed to infiltrate, interfere with, intercept, expropriate or damage a computer system, data or personal information, without the owner’s informed consent, including, but not limited to, “trojans”, “worms”, “logic bombs” and “cancelbots” as the same may be generally understood within the computing industry from time to time and any other malicious and unwanted software.

“Our Data”

means any and all data or other information generated by or in connection with Our Website, or your use of Our Website, or acquired by you or your Affiliates from us or our Affiliates.

“Our Policies”

means all standards, policies, practices, specifications, technical requirements, schedules, terms, conditions, guidelines, rules and other information on Our Website or such other website as may be notified to you from time to time, and as such documents may be amended from time to time by us in our sole discretion.

“Our Property”

means any and all: 

1. software, code, scripts, functionality, hardware, technology and documentation developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website;
2. interfaces, protocols, databases, data formats, structured XML formats, grammars, glossaries, libraries, specifications and other similar materials developed by or on behalf of us at any time, or provided by us as part of, or in connection with this Website;
3. our trademarks, service marks, logos, insignia, domain names, trade names, trade dress (including any “look and feel”) whether now known or created in the future;
4. Our Content;
5. Our Website;
6. ideas, processes, procedures, systems, methods of operation, concepts, principles and discoveries of any kind made or developed at any time; and
7. Our Data.

“Our Website”

means the website with the top level domain of Brandxnow.com, and any replacement or successor website in place from time to time.

“us,” “we” and “our”

“Your Account”

means your registered account set up for you to allow you to, among other things, purchase our (or our Affiliates) products and services, to manage orders placed by you through Our Website and to set up and manage your profile within the social community accessible through Our Website.

Introduction

If you do not agree with any part of these Conditions, do not visit or use Our Website. If you use any part of Our Website you agree to these Conditions. If you do not want to agree to these Conditions, do not use Our Website.

Changes to these Conditions

We reserve the right, in our sole discretion, to modify, alter or otherwise update these Conditions or any of Our Policies at any time for any reason, and by visiting or using Our Website after the posting of a modification, you accept the modification. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.

Your Privacy

Our Privacy Policy sets out how we use the personal data of people who use Our Website. By using Our Website, you agree to the way in which we process your personal data in the manner set out in these Conditions and our Privacy Policy.

Registration Information

If you elect to register on Our Website, you must provide your real name, address, phone number, and email address. You must ensure that all registration information you give us is complete, accurate and truthful and that you keep such information up to date at all times. We reserve the right to reject any registration and to refuse service to anyone for any reason, in our sole and absolute discretion. We reserve the right to terminate Your Account immediately and without notice to you at any time and for any reason, including, without limitation, if you provide false or incorrect information when you register or if you don’t keep your information up to date.

Passwords

Shortly after you have accepted and agreed to these Conditions, the password that you create will be activated to enable you to access the password-protected portions of Our Website. You must not share your password with anyone else. It is your responsibility to remember and protect your password and you must not disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You shall not access or use Our Website by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to Our Website. You may never use someone else’s account, username or password without permission. You are responsible for maintaining the confidentiality of your password and Your Account, and you shall be fully responsible for all activities that occur under your password or Your Account. You agree to notify us immediately if you discover any unauthorized use of your password or Your Account or any other breach of security.

Our IP

1. You acknowledge that we, our Affiliates or licensors, own all IP in Our Property. We legally own a wide range of intellectual property rights used in and relating to Our Website, including (without limitation): (a) the trademark “BRANDXNOW” and related logos; (b) the design, text, graphics, articles, blogs, and other Content of the web pages on Our Website (excluding any Content or Comments you provide to us as referenced in Section 10 below), together with all the web addresses associated with those web pages, other than those which we use under license; and (c) in all the software used in relation to Our Website, other than that which we use under license.
2. All IP in Content, data or other materials provided by us, shall be owned by us, our Affiliates or licensors. We hereby grant you a non-exclusive, non-transferable, personal and limited license to access and use Our Website. Subject to Our Policies, you may link to the home page of Our Website. However, you must not use our trademarks, service marks, trade names, logos, trade dress, meta-tags or other hidden text without our express written permission (which may be granted or withheld in our absolute discretion).

Prohibited Actions

1. You acknowledge that we, our Affiliates or licensors, own all IP in Our Property. We legally own a wide range of intellectual property rights used in and relating to Our Website, including (without limitation): (a) the trademark “BRANDXNOW” and related logos; (b) the design, text, graphics, articles, blogs and other Content of the web pages on Our Website (excluding any Content or Comments you provide to us as referenced in Section 10 below), together with all the web addresses associated with those web pages, other than those which we use under license; and (c) in all the software used in relation to Our Website, other than that which we use under license.
2. We have the right to investigate your online activities for ‘click-fraud’ or any similar activity, and you agree to provide reasonable help with these matters. Except as expressly provided herein, we reserve all rights with respect to Our Website and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
3. You must not use Our Website: (a) for any unlawful purpose; (b) to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us or our Affiliates; (c) to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists; (d) to provide any kind of commercial information service; (e) as a source of material or contact data for any kind of marketing activity; (f) to tamper with, update or change any part of Our Website; (g) in a way that affects how Our Website is run; (h) in a way that imposes an unreasonable or disproportionately large burden on our communications and technical systems as determined by us; or (i) using any automated means, to monitor or copy Our Website or its Content, or to interfere with or attempt to interfere with how Our Website works.
4. You must not systematically extract and/or re-use any or all of Our Website or its Content without our express written permission (which may be granted or withheld in our absolute discretion). In particular (and without limiting the generality of the foregoing), you may not use any data mining, robots, or similar data gathering and extraction tools to extract for re-use (whether once or many times) all or a substantial part of Our Website.

Content and Comments you provide to us

1. If you provide or post any Content or Comments to Our Website (for example, by commenting on a blog, posting a review or uploading any other Content including a video), such Content and Comments shall be deemed to be non-confidential and you agree to grant us permission, irrevocably and free of charge, to use your Content and Comments in any way we want on any site or otherwise (including altering and adapting it for operational or editorial reasons) in any media worldwide, which may include syndicating the material to selected third party social media and networking sites. Subject to the conditions described in the Privacy Policy, we shall have no obligation of any kind with respect to such Content and Comments and shall be free to use, copy, modify and/or distribute the Content and Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgment to you, including, but not limited to developing and marketing products incorporating such Content or Comments. We do not edit, pre-vet or review any Content or Comments displayed on Our Website. We operate a notice and take down procedure regarding such Content and Comments. If you believe that any Content or Comment does not comply with the requirements set out in these Conditions or Our Policies, please notify us immediately. We will then review the Content or Comments and, where we deem it appropriate, remove the Content or Comments within a reasonable time.
2. After posting or emailing your Content or Comments to Our Website, you continue to own that material, and you continue to have the right to use your Content and Comments in any way you choose.
3. Please choose carefully any Content and Comments you post on Our Website, as it will be available for public viewing. By providing any Content or Comments to Our Website, and for us to be able to use it, you confirm you and the Content and Comments comply with all obligations set out in these Conditions, and in particular that: (a) your Content and Comments are your own original work or you are authorized to provide them to Our Website; (b) your Content and Comments are not defamatory (that is, they do not damage someone’s good reputation), and do not contain any material which is harassing, threatening, obscene, offensive, hateful, abusive or inflammatory; (c) your Content and Comments do not take away or affect any other person’s privacy rights, contract rights or any other rights, and do not otherwise break any applicable Laws; (d) your Content and Comments comply with Our Policies; (e) your Content and Comments do not promote any illegal activity or discrimination; (f) you have the right to give us permission to use your Content and Comments for purposes specified above and that such use will not infringe the IP, privacy or other rights of a third party; (g) your Content and Comments are not in any way liable to mislead others or otherwise be detrimental to or inconsistent with our good name or reputation; (h) your Content and Comments do not contain any Malware; (i) if your Content or Comments are intended to promote your own business, products or services, you will clearly and openly state your association with the particular business, products or services; (j) you will not falsify or delete any author attributions, legal or other proprietary notices, designations or labels; and (k) your Content and Comments do not contain any form of mass-mailing or spam.
4. You acknowledge that we do not have a duty to publish any Content or Comments you have provided and we can remove or edit Content or Comments at our discretion.
5. We have the right to: (a) reject or refuse to post any Content or Comments you have provided; (b) remove any Content or Comments from Our Website, whether or not the Content or Comments go against any of these Conditions; or (c) restrict, suspend or stop your access to all or any part of Our Website at any time.
6. We will usually display your name with your Comments on Our Website, unless you ask us not to (as long as it is possible to do this). We may need to contact you for administrative purposes or to make checks on your Content or Comments. For full details of when and how we may contact you, please see our Privacy Policy.
7. If you do not want to grant us the permission set out above on these terms, please do not provide any Content or Comments to Our Website.
8. Disclaimer: The opinions expressed within Comments are those of the author and not our views or opinions. We do not endorse any Comments posted on Our Website.

Claims of Defamation or IP Infringement

It is not practical for us to check all Content and Comments posted to Our Website by our users. Instead, we offer a notice and take down procedure. If you believe that any information posted on Our Website is defamatory or infringes your IP rights in any way, please notify us immediately via our Defamation, Copyright and Trademark Infringement Policy. We will then review the information and, where we deem it appropriate, remove it within a reasonable time.

Disclaimer of Warranties; Limitation of Liability; Release

1. OUR WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, DATA AND INFORMATION PROVIDED OR MADE AVAILABLE IN CONNECTION THEREWITH, ARE PROVIDED “AS IS.” YOU USE OUR WEBSITE AND ANY ONLINE FUNCTIONALITY OR TOOLS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE, OUR SERVICE PROVIDERS AND OUR AFFILIATES HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, DECLARATIONS OR GUARANTEES REGARDING THESE CONDITIONS, OUR WEBSITE INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL EXPRESS AND IMPLIED CONDITIONS, TERMS AND/OR WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ANY AND ALL IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; AND (C) ANY AND ALL OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT (WHETHER OR NOT ARISING FROM OUR, OR OUR AFFILIATES’ NEGLIGENCE).
2. YOU USE OUR WEBSITE AT YOUR OWN RISK. WE ADVISE YOU TO MAKE SURE YOU ARE SATISFIED WITH THE EXACT TYPE AND NATURE OF PRODUCTS OR SERVICES BEING OFFERED BY US OR OUR AFFILIATES AND THEIR SUITABILITY FOR YOUR PURPOSES. YOU SHOULD NOT RELY ON OUR WEBSITE FOR ADVICE. OUR WEBSITE CONTAINS HYPERLINKS TO WEBSITES RUN BY COMPANIES OTHER THAN US AND OUR AFFILIATES. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, ANY OTHER WEBSITES MADE AVAILABLE FROM OR THROUGH OUR WEBSITE. WE DO NOT GIVE ANY GUARANTEES ABOUT THEIR CONTENT OR HOW THEY WORK. YOU ACCESS AND USE THESE SITES AT YOUR OWN RISK AND WILL NEED TO KEEP TO ANY CONDITIONS OF USE THAT APPLY TO THOSE WEBSITES. WE DO NOT APPROVE OR SPONSOR OR ENDORSE ANY PRODUCTS, SERVICES OR CONTENT YOU ACCESS OR BUY THROUGH OUR WEBSITE OR ANY THIRD PARTY WEBSITE WE LINK TO.
3. NEITHER WE, NOR OUR AFFILIATES, WARRANT THAT THE FUNCTIONS CONTAINED ON OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF ANY PURCHASES.
4. SOME JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE ALL OR PART OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU, AND WE AND OUR AFFILIATES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR QUIET ENJOYMENT.
5. NEITHER WE, NOR OUR SERVICE PROVIDERS OR AFFILIATES, WILL BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY) FOR: (a) LOSS OF REVENUES, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, OR DAMAGE TO, OR CORRUPTION OF, DATA OR SOFTWARE, OR WASTED EXPENDITURE, IN EACH CASE WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL; or (b) ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES TO YOU AND YOUR AFFILIATES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW OR $100 (, WHICHEVER IS THE GREATER. NOTHING IN THESE CONDITIONS EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
6. NOTWITHSTANDING ANYTHING IN SECTION 10 OR ANYTHING TO THE CONTRARY IN THESE CONDITIONS, AND WITHOUT LIMITING ANYTHING IN SECTION 10, NEITHER WE, NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY WHATSOEVER WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE AND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY ARISING OUT OF OR RELATED TO ANY BETA FEATURES. “BETA FEATURE” MEANS ANY SERVICE FEATURE THAT IS EXPRESSLY IDENTIFIED AS “BETA”, “ALPHA”, “EXPERIMENTAL”, “PILOT”, “EVALUATION”, “PRE-RELEASE”, OR SOME SIMILAR DESIGNATION OR THAT IS OTHERWISE EXPRESSLY IDENTIFIED AS UNSUPPORTED.

Indemnification

You shall indemnify, hold harmless and defend us, our Affiliates, our and our Affiliates’ directors, officers, employees, agents and subcontractors, our licensors and assigns from all claims, liabilities, losses, damages, settlements, costs and/or expenses, whether or not partially attributable to our negligence or that of our Affiliates, including reasonable attorneys’ fees and expenses, and third party claims or liability (collectively, “Liabilities”) arising out of or in connection with: (a) your use of Our Website; (b) your breach or alleged breach of these Conditions or of any of Our Policies; (c) your Content or any use of it by us or our Affiliates, agents, service providers or sub-licensees, including, but not limited to, claims of defamation; (d) any claim or allegation that Content, Comments or any use of them by us or our Affiliates, agents, service providers or sub-licensees infringes or is alleged to infringe a third party’s intellectual property rights; and (e) any personal injury, death or property damage caused by you. You will use counsel reasonably satisfactory to us to defend each indemnified claim, and we may elect to participate in the defense at our expense. If at any time we reasonably determine that any indemnified claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. Your defense and indemnification obligation will survive the term of these Conditions.

Force Majeure

We shall not be liable for any default or delay in the performance of any of our obligations under these Conditions if such default or delay is caused, directly or indirectly, by forces beyond our reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, power outages, supply shortages or the failure of you or any third party to perform any commitment relating to the production or delivery of any equipment or material required for us to perform our obligations hereunder.

Suspension or Termination

1. We reserve the right to deny, terminate, or suspend Our Website and/or your access to it without notice if, in our sole discretion, for any reason, including without limitation, if you breach these Conditions or Our Policies, and/or you use Our Website in a manner that violates or may violate any applicable custom, use, practice, or Law.
2. We reserve the right, in our sole discretion, to halt any sale or prevent or restrict access to Our Website. We further reserve the right to take any action to restrict access to or remove any objectionable Content, Comments or other material or items that violate these Conditions or Our Policies.

Governing Law and Jurisdiction

These Conditions shall be governed by and interpreted in accordance with the laws of the State of New York (without reference to its conflicts of laws principles) and the Federal and State Courts located in New York County, New York, shall have exclusive jurisdiction over all disputes (whether contractual or non-contractual) arising out of or in connection with these Conditions.

Notices

We will give you notices (including contractual notices) electronically, by emailing you or posting the notice on Our Website. You hereby consent to receiving notices and other communications from us in this manner and agree that such notices are “in writing”.

Third Party Rights

The parties to these Conditions do not intend that any term should be enforceable by any person who is not a party to these Conditions other than our Affiliates which shall be entitled to any actions and rights as us. Each of our Affiliates shall be entitled to enforce the terms of these Conditions in its own right. For the avoidance of doubt, we may vary the terms of these Conditions so as to extinguish or vary the rights of our Affiliates without requiring additional consent from such affected Affiliates. We are not your fiduciary or trustee.

Ethical Standards

You shall, and shall make sure that your officers, employees, agents and service providers shall: (a) at all times comply with all anti-corruption laws applicable to you; and (b) not, directly or indirectly offer, promise or give (or agree to offer, promise or give) any financial or other advantage with respect to any matters which are the subject of these Conditions and/or to obtain any benefit for us which would violate any anti-corruption laws applicable to you or us. If you become aware of any breach or suspected breach of this Condition, you must notify us promptly. We may immediately suspend operation of these Conditions on written notice, pending investigation. You must assist us in any such investigation. If, in our reasonable opinion, you have breached this Condition: (a) we may immediately terminate these Conditions by giving you written notice; and (b) you shall indemnify us and hold us harmless on demand against any and all claims, demands, actions, proceedings, awards, compensation costs (including legal costs and disbursements on a full indemnity basis), expenses, damages, losses, fines, fees, costs and other liabilities of whatsoever nature brought against us arising out of or in connection with such breach.

Miscellaneous

These Conditions, Our Policies and any documents referred to in them constitute the entire agreement of the parties with respect to the subject matter hereof and supersede and cancel all prior agreements claims, representations and understandings of the parties in connection with the subject matter hereof. If any provision of these Conditions is held to be unenforceable, such holding shall in no way invalidate any other provision hereof, and these Conditions shall remain in full force and effect.

Cookie Policy

What are cookies: 

We and our business partners collect information about your use of our website through  cookies. Cookies are information files stored on your computer, tablet or smartphone that  help websites remember who you are and information about your visit. Cookies can help to  display the information on a website in a way that matches your interests. Most major  websites use cookies.  

What cookies are used on this Website: 

The cookies we and our business partners use on this website are broadly grouped into the  following categories: 

Essential – Some of the cookies on our website are essential for us to be able to  provide you with a service you have requested. An example of this would be a cookie  used to enable you to log into your account on the website or which allows  communication between your browser and the website. Our cookie preference  cookie described in the section “How can I reject or opt out of receiving cookies?” is  also an essential cookie. You may not be able to use our website without these  cookies. 

Analytics – We use analytics cookies to helps us understand how users engage with  our website. An example is counting the number of different people coming to our  website or using a particular feature, rather than the total number of times the site  or feature is used. Without this cookie, if you visited the website once each week for  three weeks we would count you as three separate users. We would find it difficult  to analyse how well our website was performing and improve it without these  cookies. 

User Cookies – We use cookies to improve your experience by remembering your  preferences so we know how you like to use our website. Examples of this would be remembering you so that you are served with the same content or to remember you  when you come back to the site.  

Social Sharing – We use third party cookies to allow you to share content directly on  the social networking/sharing sites like Facebook, Twitter or Google+. Examples  would be if you wanted to “like” or “tweet” about us or our products or services.  Please see our “Third Party Cookies” section below for more details. 

Interest-Based Advertising – You will have noticed that when you visit websites you  will be shown adverts for products and services you may wish to buy. The money  made by website owners for showing third party adverts on their websites often  pays for the cost of running the website and therefore usually allows you to use the 

website without having to pay a registration or usage fee. To try and ensure that the  adverts you see are relevant to you third party cookies may be used to collect  information about the types of things that interest you, for example websites you  visit and the geography that you are based in. Having these cookies does not  increase the number of adverts you will be shown, but simply makes the adverts you  see more relevant. Please see our “Third Party Cookies” section below for more  details. 

How can I reject or opt out of receiving cookies? 

If you do not wish cookies to be stored on your machine, you can do the following: 

1. delete the cookies from your browser. Most browsers also allow you to prevent all  or some cookies being stored on your machine in the future. For more information  on how to delete or disable cookies from your browser please use the “help”  function within your browser or alternatively visit http://www.allaboutcookies.org/;  and/or 
2. please note that we can’t always control third party cookies stored on your machine  from our website and where this is the case you will need to visit the relevant third  party’s website directly to manage cookies stored on your machine by them. Please  see our “Third Party Cookies” section below. 

Please be aware that disabling cookies may impact the functionality of this website.  

Third party cookies: 

Some of the cookies described in the “What Cookies are used on this Website” section  above are stored on your machine by third parties when you use our website. Third parties  may also read cookies on your browser to collect information or to serve content or  advertisements to you. We have no control over these cookies or how the third parties use  them. They are used to allow that third party to provide a service to us, for example  analytics. For more information on these cookies and how to disable them, please see: 

1. Internet Advertising Bureau website at http://www.youronlinechoices.com/ where  you will be able to opt-out of receiving Interest-Based Advertising cookies from some  of the third parties listed below; and/or 
2. the third party’s individual privacy policy listed below: 

Third Party: ZenDesk 

Type of cookies: Essential – Zendesk use cookies to allow you to visit the support pages. More information and how to opt out: http://www.zendesk.com/company/privacy

Third Party: Google 

Type of cookies: Analytics – Google provide anonymised data about the visits made to our  website. 

User – Google use cookies to help protect your privacy and help ensure your browsing  activities remain safe. 

Social Sharing – Google also store cookies which allow the “Google +” social sharing  functionality. 

Interest-Based Advertising – Google tools may also collect data for the purpose of interest based advertising. 

More information and how to opt out: http://www.google.co.uk/intl/en/policies/privacy/ 

Third Party: Facebook 

Type of cookies: Social Sharing – Facebook store cookies which allow the Facebook “Like”  social sharing functionality but only if you click on the Facebook “Like” button on our  website or log in using your Facebook account. 

More information and how to opt out: http://www.facebook.com/about/privacy/ 

Third Party: Twitter 

Type of cookies: Social Sharing – Twitter also store cookies which allow their social sharing  functionality including the “Tweet” function and to generate usage information during your  visit to our website. 

More information and how to opt out: http://twitter.com/privacy 

Third Party: iPromote 

Type of cookies: Interest-Based Advertising – iPromote cookies also collect data for the  purpose of interest-based advertising. 

More information and how to opt out: http://www.ipromote.com/privacy-policy/ 

If you want to know more about how cookies work and how to manage or delete them, visit  the World Wide Web Consortium’s website. 

We may update this policy from time to time so you may want to check it each time you  visit our website. 

Privacy Policy

We are committed to protecting and respecting your privacy. This Privacy Policy (this “Policy”) describes how we collect, use and disclose personal information of users of our services, including our Website (our “Site”). Please read this Privacy Policy carefully.

By using our Site, you agree to the terms of this Policy. If you do not agree with the terms of this Policy, do not use our Site. Your use of our Site for the limited and exclusive purpose of reviewing this Policy does not constitute your agreement to this Policy unless you make further use of our Site. This Policy may be updated from time to time.

This Policy describes: 

• The personal information we collect
• How we collect such information
• How such information is used
• How such information is shared
• How you can contact us

INFORMATION WE COLLECT

We and our third-party service providers may collect and process the following types of  personal information about you: 

• Name
• Phone number
• Email address
• Social network profile information
• Information we collect when you use our Site, such as your domain name, Internet protocol (IP) address, mobile device model, Internet service provider, Site access times, websites that referred you to us and web pages within our Site that you visit 
• Information you communicate to us through our Site, our social media pages or through other means

HOW WE COLLECT INFORMATION

We and our third-party service providers may collect personal information as follows: 

• We may collect information you provide when you use our Site, including when you fill in forms on our Site, subscribe to any of our services, complete a survey on our Site, post material to our Site or download content from our Site.
• We may collect information you provide when you contact us by phone, email, text message or messaging application on social media.
• We may collect social network profile information that you have made publicly available through your social network account settings if you choose to access our social media pages or connect or otherwise link to our Site with your own social media page. We also  may collect customers’ and public feedback on social media.  
• Our Site may use cookies, tracking pixels and other similar technologies to collect information about visitors to our Site. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. A tracking  pixel is a graphic that is loaded when a user visits a website or opens an email and is  used to track certain user activities.  

HOW WE USE THE INFORMATION COLLECTED

We and our third-party service providers may use information collected to: 

• Operate, maintain and improve our Site.
• Conduct analytics to help us better understand our customers and improve our products and services.
• Process and manage purchases made by you.
• Respond to your customer service inquiries, post your comments related to our products and services on our social network pages and take other actions in response to your questions, comments or Site activity. 
• Communicate with you about special offers, services and promotions that may be of interest to you.
• Help us develop, customize, deliver, support and improve our services. • Allow you to participate in interactive features of our service when you choose to do so. • Notify you about changes to our service.
• Conduct market research in order to serve targeted advertisements.

We and our third-party service providers may use the information collected from cookies,  tracking pixels and other similar technologies to target advertising to you personally, through  online and offline methods including email, display media, video media and direct mail. You  may opt out of receiving direct mail from us or our third-party service providers by sending an email to: info@brandxnoww.com. For detailed information on the cookies we use and the purposes for which we use them  see our Cookie Policy.  

When you log in to or visit our Site, your IP address may be combined with other de-identified  data (such as a hashed, non-readable email or postal address) and such information may be  used by third-party service providers to send ads and materials to you based on your  preferences, interests and attributes. Such information may also be combined with aggregate  information collected from other users or sources and used by third-party service providers to  conduct market research and to better target their advertising. Although you may not opt out  of receiving online advertisements generally, you may find out how to opt out of having your  online behavior collected by third-party advertisers for advertising purposes. You may visit each  ad network’s website individually to opt-out and review their privacy policies, or you may visit  the Digital Advertising Alliance’s opt-out website at http://www.aboutads.info/ or the Network  Advertising Initiative’s opt-out website at http://networkadvertising.org/. 

HOW WE DISCLOSE THE INFORMATION COLLECTED

We and our third-party service providers may share your personal information under the  following circumstances: 

• We may share your personal information with any member of our group of companies (our subsidiaries and our ultimate parent company and its subsidiaries).
• We may share your personal information with companies that provide services to us, such as credit card processors, website hosts, email vendors and other companies that help us provide our services or our Site. 
• We may disclose your personal information in response to legal process, when required to comply with laws, to combat fraudulent or criminal activity, to enforce our agreements, corporate policies and the terms of use of our Site, and to protect the rights, property and safety of our business, our employees, agents, customers or others. 
• We may share technical data that we collect about your browsing habits and your device (such as data collected via our cookies, tracking pixels and similar technologies, as discussed above) with third-party service providers and other advertising companies.  This enables them and us to better target ads to you and other consumers. 

HOW TO CONTACT US

If you have any questions, comments or requests regarding this Policy, please contact us using the contact information shown on our Site.

Refund Policy

All sales are final and no refunds shall be given. The only exemption that may allow for a customer to receive a refund is if it was stated in the invoice sent by brandxnow representative that a refund is allowed.

Facebook Ad Campaign Management Terms of Service

Operating Names

All business and transactions conducted with or by Brandxnow, Brandxnoww.com, any Brandxnow social media platforms, and any other Brandxnow assets, outlets, communications, or platforms will be done through Brandxnow.

Payment Agreement

A setup fee for managing a Facebook Ad campaign(s) will vary and be determined by a mutual agreement between Brandxnow and the client. The service fee for managing a Facebook Ad Campaign will vary and be determined by a mutual agreement between Brandxnow and the client. However, the client will have the option to determine their own Ad Budget. The management fee and the Ad Budget are non-refundable once the payment is made to Brandxnow The service fee and the Ad Budget must be paid in full before any services start, in order for the Facebook Ad Campaign to begin. The client can potentially have their payments on auto renew if authorized by a Brandxnow representative. The payment methods accepted will be determined by Brandxnow.

Services Provided

Brandxnow will offer the following services to the client once the management fee and Ad Budget have been paid: 

• Initial setup of the Facebook Ad campaign(s) and its sub categories: Facebook Ad Set(s) and Facebook Ad(s).
• One to four custom designed Facebook Ad graphics.
• Custom ad copy or text.
• Applying & managing the Ad Budget.
• Monthly monitoring and adjustments to the Facebook Ad Campaign(s), Ad Set(s), or Facebook Ad(s).
• One monthly report of the Facebook Ad campaign(s) per month (If requested).
• One monthly adjustment to the Facebook Ad campaign(s) per month (If requested).

All the services mentioned in the Services Provided section and their definitions will be determined by Brandxnow.Brandxnow is allowed to not supply any service if determined as unnecessary. 

Length of Service

The length of service (months) for managing a Facebook Ad Campaign will be determined by a mutual agreement between a Brandxnow representative and the client. The minimum length of managing a Facebook Ad Campaign is one month (28-31 days). The services will begin the day all of the required payments are made and end 30 days afterward, unless the length of service surpasses one month. If the length of service surpasses one month, the services will begin the day that all of the required payments are made and end on the 28th of the last month. If the client pays for multiple months of service, then the service will be continuous from month to month. The client will not be able to skip months and/or stop and start on certain months. 

Project Changes & Additions

Once the Facebook Ad Campaign has started, the client cannot change the paid service fee and/or Ad Budget.

Client Information Request

The client will be responsible for supplying all the images, testimonials, product descriptions, prices, services, contact information, and any other images or text requested by Brandxnow.

Cancelation

This contract is in effect as soon as the payments throughout the agreed upon length of service are completed. The client or a Brandxnow representative can cancel this agreement at any time. 

Privacy & Security

Brandxnow agrees to not reveal any sensitive or private information obtained while managing a Facebook Ad Campaign. We  agrees not to share any usernames, passwords, codes, or any other private login credentials regarding the client. 

Topic Limitations

Brandxnow refuses to engage in any topics regarding religious beliefs, political views, pornography/adult topics, sexual orientation, ethnicity & race, or any other topic Brandxnow wishes to avoid.

Liability

Brandxnow and its representatives will attempt to use their best judgment in regards to engaging with people, businesses, or other entities on the clients behalf. BRANDXNOW is not held liable for anything seen as negative toward the client while providing Facebook Ad Campaign services. People, businesses, and other entities are unpredictable and BRANDXNOW will not be held liable for their feedback, responses, engagement, or anything seen as negative toward the client. BRANDXNOW is not liable for the number of leads and cannot guarantee the number of leads the client receives from the Facebook Ad Campaign. BRANDXNOW is not liable for and cannot guarantee the number of people that like, comment, share, click on, respond or react to the client’s Facebook Ad Campaign. BRANDXNOW is not responsible for creating the client’s Facebook account or business page in order to run the Facebook Ad Campaign. BRANDXNOW is not responsible for responding to potential leads or customers on the client’s behalf; all leads generated from the Facebook Ad Campaign will be the client’s responsibility to respond to. BRANDXNOW is allowed to change and/or alter the information within this entire “Facebook Ad Campaign Terms of Service” at any time or for any reason.

Marketing Materials Removal

Any marketing materials such as posts, ads, photos, graphics, logos or any other assets, tools, or services supplied by BRANDXNOW will be deleted if the client chooses not to renew the Facebook Ad Campaign service even if these marketing materials are on their own Facebook page or property. 

TOS Alerations

BRANDXNOW is able to alter the Facebook Ad Campaign Terms of Service at any time.

Final Statements

Once BRANDXNOW receives the management fee and the Ad Budget from the client, the client agrees to the statements made in this “Facebook Ad Campaign Management Terms of Service” and are in effect immediately. 

Local SEO Terms of Service

Introduction

The price for the project will vary and be determined by a mutual agreement between BRANDXNOW. and the client. However, the required payment is non-refundable and must be paid in full, in order for the project to begin. The payment amount will be determined by a BRANDXNOW. representative and agreed upon by the client. Prior to beginning the SEO project, the full amount owed must be paid to BRANDXNOW. by one of the following payment methods: debit/credit card, Quickbooks invoice, Cash App, Venmo, or PayPal. BRANDXNOW. will not transfer the project to the client’s control until the payment is completed. 

Definitions

The following definitions of the specific words stated below apply only to this Local SEO Terms of Service:

• • Project: Search Engine Optimization Services 
  • Search Engine Optimization: The process of improving the rank of a website based on searching specific keywords in a search engine, such as Google
  • Rank: What page and how high up on a page a website appears after searching a specific keyword.
  • SEO: Search Engine Optimization
  • Local SEO: Supplying SEO services for businesses or other entities that only supply their products or services to a specific area. For example: Lawn care Lakeland, FL.  
  • Keywords: Specific words or phrases that are searched through a search engine, such as Google. For example, “lawn care” or “Lawn care Tampa FL”.
  • Local Citation, or equally referred to as Citation: are any online mention of the name, address, and/or phone number for a business on different websites such as local business listing directories, websites, and social platforms. For example, “Yelp” or “Facebook”.
  • Alt Tags: also known as “alt attribute” and “alt description,” is an HTML attribute applied to image tags to provide a text alternative for search engines. For example, <img src=”freshcutgrass.png” alt=”freshly_mowed_lawn_in_lakeland_fl” />.

Service Options

• Option #1: One-Time SEO Service
• If the client request a “One-Time SEO Service” then the client will receive SEO services at a fixed rate. The SEO services supplied will be determined by a BRANDXNOW. representative and will be listed in a proposal, quote, document, or invoice. 
• Option #2: Monthly Recurring SEO Service
• • If the client request “Monthly Recurring SEO Services” then the client will receive SEO services monthly at a recurring rate or payment. The SEO services supplied will be determined by a BRANDXNOW. representative and will be listed in a proposal, quote, document, or invoice. 

Client Information Request

The client will be responsible for supplying all the images, testimonials, product descriptions, prices, services, contact information, and any other image or text requested by BRANDXNOW. 

Project Abandonment / Failure to Communicate

If the project has begun and we cannot get in contact with the client via phone call, text or email 14 days after trying to contact the client via phone call, text, or email in regards to anything we may need to communicate to them about, then the client will be held responsible for paying the remaining balance owed for the project to BRANDXNOW.

Privacy & Security

BRANDXNOW. agrees to not reveal any sensitive or private information provided for the completion of the project. BRANDXNOW. agrees not to share any usernames, passwords, codes, or any other private credentials in regards to anything relating to the project.

Topic Limitations

BRANDXNOW. will not design, build, create, or start on a project or add content to a project regarding the topics of religious beliefs, political views, sexual orientation, ethnicity & race, pornography, nudity or any other topic BRANDXNOW. decides to avoid.

Website ADA Compliance & Liability

BRANDXNOW. is not required to build, develop, design, create, edit, and/or alter a website to make it ADA compliant. If one wishes to make their website ADA compliant it must be requested and will be an additional fee. BRANDXNOW. is not liable for a client being sued, legal fees, or any cost or fees for a website not being ADA compliant whether the website was built, designed, developed, created, edited, or altered by BRANDXNOW. or not. 

Liability 

If the client makes or attempts to make any changes to the project and causes any issue to occur, then BRANDXNOW. will not be held liable. Once the project is completed and is given to the client, BRANDXNOW. will not be liable for any issues that occur to the project from that point forward. BRANDXNOW. is not responsible for the Google ranking of the project, the amount of traffic to the project, or the amount of sales generated from the project. BRANDXNOW. is only responsible for the initial design and development of the project. 

Cancellation Policy

All SEO services provided by BRANDXNOW. are on a no contracts basis, unless specified by a BRANDXNOW. representative. BRANDXNOW. and all clients have the right to cancel SEO services that are provided by BRANDXNOW. at any time, for any reason. If the client requests to cancel their SEO services provided by BRANDXNOW., all work being done to their website, Google Maps listing, and Facebook page that is related to SEO will be immediately haulted and no refunds will be given, unless otherwise specified by a BRANDXNOW. representative.

Final Statements

Once the client makes the initial deposit for SEO or Search Engine Optimization services to BRANDXNOW. The client agrees to the statements made in this “Local SEO Terms of Service” and this agreement is in effect immediately.