Terms & Conditions
Last updated: 01/01/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) is a legally binding contract between BRAND MARSHAL (referred to as “Brand Marshal”) and the client, either personally or on behalf of an entity (“Client”). It governs your access to and use of Brand Marshal’s website at https://www.brandmarshal.co (the “Website”) and any related services, media form, channel, mobile website, or mobile application linked, or otherwise connected thereto. By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions, then you must not access the Website or use any services.
1. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Brand Marshal, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. This Agreement permits you to use the Website for your personal, non-commercial use only.
2. Ownership of Materials
Any original materials produced and delivered by Brand Marshal to the Client, including design files and creative works, shall become the property of the Client upon full completion of services and full payment received. Brand Marshal reserves the right to showcase any and all work performed in the course of a project as part of its portfolio and for its promotional purposes unless explicitly agreed otherwise with the Client.
3. Third-Party Fonts
If any designs include Third-Party Fonts that require additional licensing for use, Brand Marshal will inform the Client accordingly. It is the Client’s responsibility to acquire and maintain appropriate licenses for the legal use of these fonts.
4. User Representations
By using the Website, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms; (2) you are not under the age of 13; (3) you will not use the Website for any illegal or unauthorized purpose; and (4) your use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
6. Client Feedback
Any feedback, comments, ideas, improvements, or suggestions (collectively, “Submissions”) provided by you to Brand Marshal with respect to the Website or Brand Marshal’s services shall remain the sole and exclusive property of Brand Marshal.
7. Governing Law
This Agreement shall be governed and construed by the laws of the State of Florida, United States, without regard to its conflict of law provisions.
8. Contact Information
For any questions, complaints, or claims with respect to the Website, you may contact us at [email protected].
9. Disclaimer
Your use of the Website is at your sole risk. The Website is provided on an “AS IS” and “AS AVAILABLE” basis. Brand Marshal expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
10. Limitation of Liability
Brand Marshal or its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Website.
11. Modification and Amendments
Brand Marshal reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before any new terms taking effect.
*12. Indemnification
You agree to defend, indemnify, and hold harmless Brand Marshal, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms & Conditions.
13. User Data
Brand Marshal will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website.
14. Electronic Communications, Transactions, and Signatures
Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE.
15. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
16. Miscellaneous
These Terms & Conditions and any policies or operating rules posted by us on the Website or in respect to the Service constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms & Conditions shall not operate as a waiver of such right or provision.
17. Severability
If any provision or part of a provision of these Terms & Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
18. No Waiver
No waiver by Brand Marshal of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Brand Marshal to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
19. Amendments
Brand Marshal reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms & Conditions on this page.
20. Contact Us
For any questions or inquiries regarding these Terms & Conditions, please contact us at [email protected].
