Terms & Conditions
Terms & Conditions
Terms and Conditions:
Welcome to the LandL Promos website. The landlpromos.biz
website (the “Site”) is comprised of various web pages operated by LandL Promos,
Inc. (“LandL Promos”). The Site is an e-commerce Site. LandL Promos provides
businesses with promotional items such as bags, notebooks, note pads, pens,
mugs, and other customizable merchandise.
The Site is offered to you conditioned on
your acceptance without modification of the terms, conditions, and notices
contained herein (the “Terms”). Your use of the Site constitutes your agreement
to all such Terms. Please read the terms carefully, and keep a copy of the
Agreement for your reference.
Privacy
Your use of the Site is subject to LandL
Promos’ Privacy Policy. Please review our Privacy Policy, which also governs
the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site or sending e-mails to LandL
Promos Promo constitutes electronic communications. You consent to receive
electronically communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
e-mail, and on the Site, satisfy any legal requirements that such
communications be in writing.
Your Account
If you use this site, you are responsible
for maintaining the confidentiality of your account and password, and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or
otherwise transfer your account to any other person or entity. You acknowledge
that LandL Promos is not responsible for third-party access to your account
that results from theft or misappropriation of your account. LandL Promos and
its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content at our sole discretion.
LandL Promos does not knowingly collect,
whether online or offline, personal information from persons under the age of
thirteen. If you are under 18, you may use the Site only with permission from a
parent or guardian.
Cancellation/Refund Policy
Since all of our products are personalized,
we are unable to accept returns. If you feel your order was produced
incorrectly, please contact us within 30 days of the invoice date. If it is
determined there is a material or manufacturing defect with your order, we will
issue a returned goods and accept your return. We regret we cannot accept
returns sent C.O.D. nor can we accept returns based on defects discovered after
you have a third party apply the additional decoration.
All claims for shortages, loss, or
non-delivery must be made within 10 days from the date of the invoice. Claims
for damages in transit must be made with the individual carrier when you
receive the shipment, so please save all shipping cartons for inspection.
For any order cancellations or refund
requests, contact us at info@Landlpromos.biz with the Subject Header:
Accounting.
Links to Third Party Sites/ Third Party
Services
The Site may contain links to other
websites (“Linked Sites”). The Linked Sites are not under the control of LandL
Promos and LandL Promos is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Liked Site, or any changes
or updates to a Linked Site. LandL Promos is providing these links to you only
as a convenience and the inclusion of any link does not imply endorsement by LandL
Promos of the site or any association with its operators.
Certain services made available via the
Site are delivered by the third party sites and organizations. By using any
product, service, or functionality originating from the www.Landlpromos.biz
domain, you hereby acknowledge and consent that LandL Promos o may share such
information and data with any third party with whom LandL Promos has a
contractual relationship to provide the requested product, service, or
functionality on behalf of LandL Promos and customers.
No Unlawful or Prohibited Use/ Intellectual
Property
You are granted a non-exclusive,
non-transferable, revocable license to access and use the Site strictly in
accordance with the terms of use. As a condition of your use of the Site, you
warrant to LandL Promos that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with
any other party’s use and enjoyment of the Site. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made
available or provided through the Site.
All created content included as part of the
Service, such as text, graphics, logos, images, as well as the compilation
thereof, and any software used on the Site, is the property of LandL Promos or
its suppliers and protected by copyright and other laws that protect
intellectual and proprietary rights. You agree to observe and abide by all
copyright and another proprietary notices, legends, or other restrictions
contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit,
reverse engineer, participate in the transfer or sale, create derivative works,
or in any way exploit any of the content, in whole or in part, found on the
Site. The Site’s content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of the protected content, and in
particular, you will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely for your personal
use and will make no other use of the content without the express written
permission of LandL Promos and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of LandL Promos or
our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board
services, newsgroups, registered users sections, forums, and/or other message
or communication facilities designed to enable you to communicate with the
public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services
only to post, send and receive messages and material that are proper and
related to the particular Communication Service.
By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not: Defame, abuse,
harass, stalk, threaten or otherwise violate the legal rights (such as rights
of privacy and publicity) of others, publish, post, upload, distribute or
disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information; upload files that contain
software or other material protected by intellectual property laws (or by
rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses,
corrupt files, or any of the similar software or programs that may damage the
operation of another’s computer; advertise or offer to sell or buy goods or
services for any business purpose, unless such Communication Service
specifically allows such messages; conduct surveys, contests, pyramid schemes,
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner;
falsify or delete any author attributions, legal or other proper notices, or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded, restrict or inhibit any other user
from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication
Service; harvest or otherwise collect information about others, including
e-mail addresses, without consent; violate any applicable laws or regulations.
LandL Promos has no obligation to monitor
the Communications Services. However, LandL Promos reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. LandL Promos reserves the right to terminate your access to
any or all of the Communication Services at any time without notice for any
reason whatsoever.
LandL Promos reserves the right at all
times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post,
or to remove any information or materials, in whole or in part, in LandL Promos’s
sole discretion.
Always use caution when giving out any
personally identifying information about yourself in any Communication Service.
LandL Promos does not control or endorse the content, messages, or information
found in any Communication Service and, therefore, LandL Promos specifically
disclaims any liability with regard to the Communication Services and any
actions resulting from your participation in any Communication Service.
Managers and hosts have not authorized LandL Promos spokespersons, and their
views do not necessarily reflect those of LandL Promos.
Materials uploaded to a Communications
Service may be subject to posted limitations on usage, reproduction, and/or
dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.Landlpromos.biz
or posted to any LandL Promos page
LandL Promos does not claim ownership of
the materials you provide to www. landlpromos.biz (including feedback and
suggestions) or post, upload, input or submit to any LandL Promos site or our
associated services (collectively “Submissions”). However, by posting,
uploading, inputting, providing, or submitting your Submission, you are
granting LandL Promos, our affiliated companies, and necessary sublicensees,
permission to use your Submission in connection with the operation of their
business including, without limitation, the rights to copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit, translate and
reformat your Submission, and publish your name in connection with your
Submission.
No compensation will be paid with respect
to the use of your Submission, as provided herein. LandL Promos is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in LandL Promos’ sole discretion.
By posting, uploading, inputting, or
submitting your Submission, you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated, and
administered by LandL Promos from our offices within the United States of
America (the "USA"). If you access the Service from a location
outside of the USA, you are responsible for compliance with all local laws. You
agree that you will not use the LandL Promos Content accessed through the Site
in any country or in any manner prohibited by any applicable laws,
restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless LandL Promos, its officers, directors, employees, agents, and third
parties, for any losses, costs, liabilities, and expenses (including reasonable
attorneys’ fees) relating to or arising out of your use of or inability to use
the Site or Services, Products, any user postings made by you, your violation
of any terms of this Agreement or your violation of any rights of a third
party, or your violation of any applicable laws, rules or regulations. LandL
Promos reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which the
event you will fully cooperate with LandL Promos in asserting any available
defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
LANDL PROMOS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
LANDL PROMOS AND/OR THEIR SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY
KIND. LANDL PROMOS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL LANDL PROMOS AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES,
OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED
THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LANDL
PROMOS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
THE LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH
ANY OTHER TERMS OF USE, YOUR THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
BY APPROVING ANY QUOTE OR BY PURCHASING OR
ORDERING THE GOODS AND/OR SERVICES BASED ON OUR CONFIRMATION, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS ON THIS PAGE (TERMS AND CONDITIONS). BEFORE
PLACING YOUR ORDER, IF YOU HAVE ANY QUESTIONS RELATING TO THESE CONDITIONS, PLEASE
CONTACT US VIA OUR EMAIL AT INFO@SMART GEARPROMOTIONS.COM.
Termination/Access Restriction
LandL Promos reserves the right, in its
sole discretion, to terminate your access to the Site and the related Services
or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
California and you hereby consent to the exclusive jurisdiction and venue of
courts in California in all disputes arising out of or relating to the use of
the Site. Use of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms including without limitation, this
section.
LandL Promos’ performance of this agreement
is subject to existing laws and legal process, and nothing contained in this
agreement is in derogation of LandL Promos’ right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Site or information provided to or gathered by LandL Promos with respect to
such use. If any part of this agreement is determined invalid or unenforceable
pursuant to applicable law including but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this
Agreement constitutes the entire agreement between the user and LandL Promos
with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral, or written, between the
user and LandL Promos with respect to the Site. A printed version of this
agreement and any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish of the parties that this agreement and all related
documents be written in English.
Changes to Terms
LandL Promos reserves the right, in its
sole discretion, to change the Terms under which www.landlpromos.biz is
offered. The most current version of the Terms will supersede all previous
versions. LandL Promos encourages you to periodically review the Terms to stay
informed of our updates.