TERMS OF SERVICE
At some point, different areas of the Services and your access to or use of certain Services or Content (defined below) may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms posted for a specific area of the Services or Site Content, the terms and conditions posted for a specific area will take precedence with respect to your use of or access to that area of the Services or Site Content.
Changes to Terms
Pre Brands may, in its sole discretion, modify these Terms and its prices for any Products, limit the sales of the Products or Services to any person, geographic region or jurisdiction, limit the quantities of any Products or Services that we offer, or discontinue the sale of such Products or Services, at any time without prior notice. Without limiting the foregoing, all descriptions of Products or Product pricing are subject to change at any time without notice. If we do so we will let you know either by posting the modified Terms on the Site or through other communications. It is important that you review the modified Terms whenever we revise them because your continued use of the Site shall constitute your agreement to be bound by the modified Terms. Your continued use will be governed by the modified Terms as well, and any new features or tools which are added to the Site are subject to these Terms of Service. Because our Services are evolving, if the revised Terms are not acceptable to you, you must stop using the Services. We may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion. We may also create limits related to use of the Service or parts of the Service, without notice or liability to you.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
We have made every effort to display as accurately as possible the colors and images of our Products on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Eligibility and Account Registration
If you would like to use our Services to order any Products from the Site, you will be required to register to create an account with Pre Brands (“Account”) or sign in as a “Guest”. In either event, the Services are intended solely for businesses or persons who are 18 or older or, if the age of majority in your state or place of residence is higher than 18, then such higher age. Any access to or use of the Services by anyone under 18 is expressly prohibited. By creating an Account or signing in as a “Guest” and accessing or using the Services you represent and warrant that you are 18 or older, or the age of majority in your state if higher than 18.
When creating an Account or signing in as a “Guest”, you will be required to provide certain information and you will establish a username and a password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to (i) suspend or terminate your Account or cancel any purchase made while signing in as a “Guest” if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or (ii) reclaim any username that you create through the Services that violates these Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account or when you sign in as a “Guest”.
Content on the Site
For the purposes of these Terms:
“Content” means text, graphics, images, music, software, audio, video, information, works of authorship or other materials.
“Pre Brands Content” means all Content that Pre Brands provides on the Site or makes available through the Services, including any Content licensed from a third party, but excluding End User Content.
“End User Content” means all Content that an end user posts, uploads, publishes, submits or transmits to be made available through the Services.
“Site Content” means, collectively, Content, End User Content and Pre Brands Content.
Subject to your compliance with the terms and conditions of these Terms, Pre Brands grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access, view, download and print any Pre Brands Content solely for your personal and non-commercial purposes or your internal business purposes.
You acknowledge and agree not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Site Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Pre Brands or its licensors, except for the licenses and rights expressly granted in these Terms. You agree that you have no right to, or title in or to, any Site Content (except for the End User Content that you provide) or any other attributes associated with your Account.
You agree that you are solely responsible for all your End User Content. You represent and warrant that: (a) you own or have the right to use the End User Content that you provide through the Services, and (b) you have all rights, licenses, consents and releases, express or implied, necessary to use the Services and to grant to Pre Brands the rights in any End User Content you provide via the Services. You also represent and warrant that your End User Content will not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. Finally, you grant Pre Brands a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the End User Content you submit in connection with the Service and Pre Brands’ (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
Pre Brands respects copyright law and expects you to do the same. Pre Brands has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered Account holders who infringe the rights of copyright holders.
What Not to Do
The Services may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Services:
Pre Brands has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Pre Brands may involve and cooperate with law enforcement authorities in prosecuting end users who violate these Terms. You acknowledge that Pre Brands has no obligation to monitor your access to or use of the Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Pre Brands reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Site Content for any reason that Pre Brands, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.
Termination and Account Suspension or Cancellation
If you breach any of these Terms, or if we reasonably believe that your Account has been compromised or “hacked,” we have the right to suspend or disable your access to your Account and/or your use of the Services. In the event Pre Brands terminates your Account for your breach of these Terms, you will remain liable for all amounts due hereunder. Subject to these Terms, you may cancel your Account at any time by sending an email to email@example.com. As stated above under the section titled “Changes to Terms”, we may change or discontinue all or part of the Services, at any time, without notice to you, at our sole discretion.
Pre Brands will check the information provided by you to confirm your purported identity, payment method and shipping address. Your receipt of any type of acknowledgement from us regarding your order shall not signify an acceptance of your order or constitute a confirmation of your order. Pre Brands reserves the right to reject or limit any order you place with us, for any reason or no reason at all. We will attempt to notify you in the even your order is rejected or limited. In the event your order is rejected or limited, we will endeavor to charge, or not charge, your credit card or other payment method accordingly. In the event your credit card or other payment method has been erroneously charged, we will refund any erroneous charge.
All orders placed through the Site are subject to Product availability. Pre Brands will ship all Products in accordance with its shipping policy. However, while Pre Brands will endeavor to ship all Products timely and accurately, we must rely on the address and shipping information you provide. In the event there is an error with the address or shipping information provided, we reserve the right to limit refunds. If, at any time, you have problems with an order, please contact us at firstname.lastname@example.org and we will happily discuss your order and any refunds or exchanges to which you may be entitled. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, PRE BRANDS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER PRE BRANDS NOR ANY OF ITS AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, PREDECESSORS IN INTEREST, SUCCESSORS, ASSIGNS, OR THE LIKE (COLLECTIVELY, "ASSOCIATES") MAKE ANY WARRANTY THAT THE SERVICES OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEITHER PRE BRANDS NOR ANY ASSOCIATES MAKES ANY WARRANTY REGARDING THE QUALITY OF ANY SERVICES OR SITE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT REMAINS WITH YOU. NEITHER PRE BRANDS, ANY ASSOCIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES, OR SITE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS OR PROPERTY DAMAGE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRE BRANDS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR DISCONTINUANCE OF THE SERVICE.
IN NO EVENT WILL PRE BRANDS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS OR (II) THE USE OF OR INABILITY TO USE THE SERVICES, OR SITE CONTENT EXCEED THE FEES PAID BY THE END USER TO PRE BRANDS, OR ONE HUNDRED DOLLARS ($100), IF THERE ARE NO SERVICE FEES PAID BY THE END USER, WHICHEVER IS LESS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRE BRANDS AND YOU.
Notwithstanding anything to the contrary herein, if you have given Pre Brands notice of a Dispute under the section called “How Disputes Will Be Handled” (below), no change to the “Limitation of Liability” section after Pre Brands received your notice will apply to the Dispute.
You agree to indemnify and hold harmless Pre Brands and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of litigation by third parties), arising out of, or in any way connected with (i) your access to or use of the Services or Site Content or your violation of these Terms; or (ii) your End User Content.
How Disputes Will Be Handled
These Terms and any disputes related to them or to your use of the Services will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms or to the transactions contemplated by these Terms.
The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (“IP Disputes”) will be the state and federal courts located in Cook County, Illinois and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
You and Pre Brands agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. YOU ACKNOWLEDGE AND AGREE THAT YOU AND PRE BRANDS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and PRE BRANDS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
The Services may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third-party sites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
In addition, we may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
You agree to comply with all laws or regulations relevant to the Site, the Services and the Products.
Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of Pre Brands to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Pre Brands. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Except as otherwise expressly provided herein, if for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Pre Brands, as determined by PRE Brands in its sole and absolute discretion, (i) via email (in each case to the address that you provide) or (ii) by posting through the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms of Service and any separate agreements whereby we provide you regarding the Products or Services shall be governed by and construed in accordance with the laws of the State of Illinois.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”) and you can submit Feedback by emailing us at email@example.com You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Contacting Pre Brands
If you have any questions about these Terms, please contact us at firstname.lastname@example.org
PRE BRANDS WEBSITE REFUND POLICY
General. If, at any time, you have problems with an order, including any problem regarding your credit card or other payment method or any address or shipping information related to your order, please contact us at email@example.com and we will happily discuss your order and any refunds or exchanges to which you may be entitled.
If your refund is approved, a credit will be applied to your credit card or original method of payment within 7 days of approval.