Privacy Notice

 

 

What information do we collect?

We collect information from you when you register on our site, place an order, respond to a survey or fill out a form.

When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.

 

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

• To personalize your experience (your information helps us to better respond to your individual needs)

• To improve our website (we continually strive to improve our website offerings based on the information and feedback we receive from you)

• To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)

• To process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

• To administer a contest, promotion, survey or other site feature

• To send periodic emails

The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product or service information, etc.

Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

 

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or access your personal information.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to?keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

 

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information)

We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

 

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

 

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

 

Terms and Conditions

Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website here.

 

Your Consent

By using our site, you consent to our privacy policy.

 

Changes to our Privacy Policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below.

This policy was last modified on March 28, 2010

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

www.growpromo.com

P.O. 117

Kaysville, Utah 84037

U.S.A.

customerservice@growpromo.com

Grow Promotional Solutions ("GROWPROMO.COM", "GPS", "WE" OR "US") Internet web site Terms of Use

 

THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS SITE ON THE INTERNET, THE WORLD WIDE WEB, MOBILE NETWORKS, OR ANY OTHER COMMUNICATION METHODS NOW KNOW OR IN THE FUTURE DEVELOPED. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU, AN INDIVIDUAL USER OF AT LEAST 18 YEARS OF AGE ("YOU" OR, COLLECTIVELY, "USERS"), AND GPS AND GOVERN YOUR ACCESS TO, AND USE OF, THE Grow Promotional Solutions WEBSITE LOCATED AT http://www.growpromo.com/ TOGETHER WITH THE SERVICES AVAILABLE THROUGH THIS SITE (THE "SITE"), INCLUDING YOUR SUBSCRIPTION TO AND USE OF www.growpromo.com. IF YOU ARE UNDER THE AGE OF 18 YOUR PARENT OR GUARDIAN MUST ENTER INTO THIS AGREEMENT ON YOUR BEHALF. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, CLOSE THIS SITE DOWN IMMEDIATLEY AND DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU ARE UNDER THE AGE OF 18 YOU AFFIRM THAT BY YOUR CONTINUED OR FUTURE USE YOUR PARENT OR LEGAL GUARDIAN HAS FIRST AGREED TO THESE TERMS ON YOUR BEHALF.

 

1 ELIGIBILITY.

 

The Site is not available to persons under the age of 13 or to any users previously suspended or removed from the Site by US. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE. The content on the Site is only available for personal noncommercial use for end users only, any other use is prohibited.

 

2 MODIFICATION OF TERMS

 

GROW PROMOTIONAL SOLUTIONS MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THIS SITE AT ANY TIME. WE CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF SERVICE ON THIS SITE AND/OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE. EXCEPT AS STATED ELSEWHERE, ALL AMENDED TERMS SHALL AUTOMATICALLY BE EFFECTIVE 30 DAYS AFTER THEY ARE INITIALLY POSTED. THIS AGREEMENT MAY NOT BE OTHERWISE AMENDED EXCEPT IN A WRITING HAND SIGNED BY YOU AND US. FOR PURPOSES OF THIS PROVISION, A "WRITING" DOES NOT INCLUDE AN EMAIL MESSAGE AND A SIGNATURE DOES NOT INCLUDE AN ELECTRONIC SIGNATURE.

 

 

 

3 NOTICE

 

Grow Promotional Solutions may provide You with notices, including those regarding changes to GPS' terms and conditions, by email, regular mail, or postings on the Site. Notice will be deemed given twenty-four hours after email is sent, unless GPS is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Site is deemed given 30 days following the initial posting.

 

 

 

4 GROW PROMOTIONAL SOLUTIONS LICENSE GRANT

 

GPS provides content and services through this Site. Certain information, documents, products and services provided on and through this Site, including content, logos, graphics and images (together, the "Materials") that are not User Content (as defined below) are provided to You by or by way of growpromo.com (including as an interactive computer service or online service provider) and are the copyrighted and/or trademarked work of Grow Promotional Solutions or GPS' contributors, that is, any person or entity who makes Materials available on or by way of growpromo.com, either publicly or privately.

 

Grow Promotional Solutions grants You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the services of this Site solely for Your own personal or business use. Except for the license set forth herein, You acknowledge and agree that You may have no right to modify, edit, copy, reproduce, create derivative works, or reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner, depending upon the terms of the license specified by the User who has made the User Content or Materials available or the creative commons license type selected by the User who has made the User Content or Materials available, except possibly for fair use rights (see 11 U.S.C. 107 – see, e.g., http://www.copyright.gov/fls/fl102.html. In many instances you will have the right to modify, edit, reproduce, alter and use User Content or Materials for your personal use or for business use. In most instances you will not have the right to resell or re-license User Content or Materials. This limited license terminates automatically, without notice to You, if You breach any of these Terms. Upon termination of this limited license, You agree to immediately destroy any downloaded or printed Materials and all copies thereof, including backup or archival copies. Except as stated herein, You acknowledge that You have no right, title or interest in or to the Site or the Materials.

 

 

 

4.1 License Grant to Upload

Subject to Your compliance with the terms and conditions set out in these Terms, GPS hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Site for the uploading, submitting, posting, distributing or otherwise making available authorized digital content, including electronic documents, information, messages, comments or other content or material ("User Content").

 

User Content is uploaded at Your own risk. Notwithstanding any obligations hereunder of GROWPROMO.COM to protect User Content with security measures, GPS cannot guarantee that there will be no unauthorized copying or distribution of User Content nor will GPS be liable for any copying or usage of the User Content not authorized by GPS.

 

 

 

4.2  License Grant to Download

Subject to Your compliance with the terms and conditions set out in these Terms, GPS hereby grants to You a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download User Content solely through the Site subject to the license under which such User Content is distributed.

 

 

 

4.3  Reservation of Rights

GPS reserves all rights not expressly granted in these Terms.

 

 

 

4.4 Prevention of Unauthorized Use

GPS reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Site, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.

 

 

 

5 USER CONTENT LICENSE GRANT; REPRESNTATIONS AND WARRANTIES

5.1  Retention of Ownership

 

You retain all of Your ownership rights in User Content owned by You.

 

 

 

5.2  License Grant to GPS

 

Unless otherwise agreed to in a separate written agreement between You and GPS signed by an authorized representative of GPS:

a) By uploading, making available for upload, distributing or disseminating User Content through the Site, You hereby grant to GPS a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, and otherwise exploit and sell or license Your User Content, in any media formats and through any media channels, in order to make available, display, perform, reproduce, distribute, publish and promote such User Content in connection with services offered or to be offered by GPS. GPS may designate any of Your User Content as a GPS document and restrict access to download by other USERS, unless when you make that item of Your User Content available or when You Uploaded it You designate it as a document not to be included. You are reminded that You agree not to upload documents that violate these Terms of Service, including those documents that might infringe upon the copyrights held by others. Such license will apply to any form, media, or technology now known or hereafter developed.

 

b) Subject to section 5.3, below, the license granted by You in Section 5.2(a), above, terminates as to a specific piece of User Content once You remove or delete such User Content from the Site.

 

c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be made available, displayed, performed, distributed, copied or played.

 

5.3  License Grant to Other GROWPROMO.COM Users.

 

By uploading, making available for upload, distributing or disseminating User Content through the Site, You hereby grant to each User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded or made available for uploading such User Content. Notwithstanding the foregoing, You hereby grant to each User that is authorized to access Your User Content at least a limited, non-exclusive, license to view, download, reproduce, and store such User Content in the manner contemplated by these Terms and the Site. Further, unless you clearly state otherwise You grant a license to Users to modify, edit, reproduce, alter and use Your User Content or Materials for personal use or for business use. The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the Site provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the Site survive any termination or expiration of the license granted in this section. In other words, once another User has downloaded Your User Content no one can stop that User from possessing, displaying or otherwise using Your User Content. Further, such User Content might remain available by search engines or internet services, for example, that might have cached or archived such User Content.

 

5.4  User Content Representations and Warranties.

 

You are solely responsible for Your User Content and the consequences of posting or publishing them. By uploading and publishing Your User Content, You affirm, represent, and warrant that:

 

(1) You are the creator and owner of or have all the necessary licenses, rights, consents, releases and permissions to use and to authorize GROWPROMO.COM and GROWPROMO.COM's Users to use Your User Content as necessary to exercise the licenses granted by You in this section and in the manner contemplated by GPS and these Terms;

 

(2) Your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and

 

(3) Your User Content does not contain any viruses, adware, spyware, worms, trojans, or other malicious code.

 

Violators of these third-party rights may be subject to criminal and civil liability. GPS reserves all rights and remedies against any Users who violate these Terms, including the right to remove User Content and to terminate Your account and access to the GROWPROMO.COM site and services.

 

5.5  User Content Disclaimer

 

You understand that when using the Site You will be exposed to User Content from a variety of sources, and that GPS is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against GPS with respect thereto. GPS does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and GPS expressly disclaims any and all liability in connection with User Content. If notified by a User or a content owner of User Content that allegedly does not conform to these Terms, GPS may investigate the allegation and determine in its sole discretion whether to remove the User Content, which it reserves the right to do at any time and without notice. For clarity, GPS does not permit copyright infringing activities on the Site. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the Internet by using search engines to search for "parental control protection," for example.

 

 

6 PRIVACY POLICY

 

a) Your use of this Site is governed by GPS’ privacy policy (the "Privacy Policy"), which is available here and is hereby incorporated into these Terms by reference. Please read this notice carefully for information relating to GPS’ collection, use, and disclosure of Your personal information.

 

 

 

7 PASSWORD RESTRICTED AREAS OF THIS SITE

 

You may to register for a password to log in to this Site and to use certain functions and areas within this Site. As part of the registration process, You may be asked to select a username and password. GPS may refuse to grant You a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by GPS in its sole discretion. You are responsible for maintaining the confidentiality of Your password and account, and agree to notify GPS if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under Your registered account. You agree to immediately notify GPS of any unauthorized use of Your account or any other breach of security in relation to this Site known to You. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your username, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify GPS. You may be liable for the claims against or losses incurred by GPS or others due to any unauthorized use of Your account.

 

 

 

8 THIRD PARTY CONTENT

 

Certain information and other content that are not User Content, including Content available through GROWPROMO.COM, may be provided by third party licensors and suppliers to GPS ("Third Party Content"). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on Your personal computer solely for Your personal use. You acknowledge and agree that You have no right to download, cache, reproduce, modify, display, distribute, (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless You have permission from the owner of the Third Party Content. GPS DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

 

 

9 LINKS TO THIRD PARTY SITES

 

This Site may be linked to other sites that are not GPS sites ("Reference Sites"). GPS is providing these links to You only as a convenience, and GPS is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.

 

 

 

10 USER CONTENT

 

You acknowledge that You are responsible for the User Content that You submit, upload, post or otherwise make available on or through the Site ("provide" or "provided"), through the services available in connection with this Site, and that You, and not GPS, have full responsibility for Your User Content, including its legality, reliability, appropriateness, and that you have all rights regarding trademark and copyright ownership. Unless otherwise explicitly stated herein or in the GPS Privacy Policy, You agree that (a) Your User Content that is a document provided by You in connection with this Site is provided pursuant to the specific Creative Commons License type that You select when You upload or post Your User Content (see http://creativecommons.org/about/licenses), and (b) User Content that is not a document provided by You in connection with this Site is provided on a non-proprietary and non-confidential basis and You agree that GPS is free to use such User Content for the purpose of providing You with the associated services and You grant GPS a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the User Content. You will only choose the license type that You have the right to choose. For example, if You did not originally author the document, but you came into possession of the User Content because it was another User Content document with an Attribution Share Alike license type (according to Creative Commons, this license lets others remix, tweak, and build upon a work even for commercial reasons, as long as they credit the original author and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on the original author’s work will carry the same license, so any derivatives will also allow commercial use.) You may not designate that document as being in the public domain. Please note that by default, unless you change the designation, You are designating the document to the public domain.

 

You are responsible for creating and maintaining copies of any User Content. GPS is not responsible for creating or maintaining any such copies, and GPS may remove or permanently delete any User Content at any time and for any reason or no reason at all and is not responsible for loss of User Content, including without limitation GPS’ negligent or intentional deletion of any User Content.

 

You further agree that You will not upload, post or otherwise make available on this Site any material protected by copyright, trade secret, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on You. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other claims or harm resulting from Your User Content.

 

You represent and warrant that: (i) You own all User Content posted by You on or through this Site or otherwise have the right to grant the licenses to GPS set forth herein , and (ii) the posting of Your User Content on or through this Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, damages and any other monies owing any person or entity by reason of any User Content posted by You to or through this Site.

 

When submitting User Content to or otherwise using this Site and/or the services, You agree not to, without limitation:

 

    * Use the Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Site as such services are offered by GPS;

    * Rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials;

    * Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

    * Use racially, ethnically, or otherwise offensive language;

    * Incite illegal activity;

    * Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);

    * Post anything that exploits children or minors or that depicts cruelty to animals;

    * Post any copyrighted or trademarked materials without the express permission from the owner;

    * Post any other party’s trade secrets;

    * Post matters that by their confidential or security clearance nature may threaten international, national, state or local security;

    * Post a third party’s social security number, credit card number, unpublished phone number, non-public e-mail or snail mail address, medical records or information, tax records, or other confidential or personal information;     * Post any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation;

    * Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;

    * Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

    * Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site or User Content, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site or User Content;

    * Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

    * Modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

    * Intentionally interfere with or damage operation of the Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;

    * Relay email from a third party’s mail servers without the permission of that third party;

    * Use any robot, spider, scraper or other automated means to access the Site, except for accessing RSS feeds;

    * Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Site;

    * Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

    * Post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the GPS experience;

    * Engage in any activity or upload commercial content that generally detracts from the GPS experience;

    * Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; and

    * Artificially inflate or alter the ratings available on this Site or alter any comments posted by others on this Site.

 

This list of prohibitions provides examples and is not complete or exclusive. GPS reserves the right to (a) terminate Your access to Your account, Your ability to post to this Site (or the services) and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that GPS determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. GPS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GPS' discretion, GPS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

 

This list of prohibitions provides examples and is not complete or exclusive. GPS reserves the right to (a) terminate Your access to Your account, Your ability to post to this Site (or the services) and (b) refuse, delete or remove any User Content; with or without cause and with or without notice, for any reason or no reason, or for any action that GPS determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services. GPS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at GPS' discretion, GPS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet. Such termination may continue so long as GPS suspects the violation in question, and GPS will have no liability to You for such suspension, including without limitation liability to refund any fees for paid for any content, documents, features or subscriptions.

 

These prohibitions do not require GPS to monitor, police or remove any User Content or other information submitted by You or any other user.

 

 

11 UNAUTHORIZED ACTIVITIES

 

User Content and unauthorized use of any Materials or Third Party Content contained on or available through this Site may violate certain laws and regulations. You agree to indemnify, defend and hold GPS and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) GPS or any other indemnified party suffers in relation to, arising from, or for the purpose of defending against or avoiding, any claim or demand from a third party that Your use of this Site or the uploading of Your User Content, or the use of this Site or the uploading of User Content by any person using Your user name and/or password (including without limitation, Your participation in the posting areas or, Your User Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

 

 

12 PROPRIETARY RIGHTS

 

Trademarks, names and logos on this Site are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the "Trademarks") are the registered and unregistered trademarks of GPS, its licensors and suppliers, and others. The Trademarks owned by GPS, whether registered or unregistered, may not be used in connection with any product or service that is not GPS' in any manner that is likely to cause confusion with customers, or in any manner that disparages GPS or dilutes the trademarks or GPS. Nothing contained on the Site or herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of GPS, its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and GPS may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

 

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of GPS, Copyright © 2009 GROW PROMOTIONAL SOLUTIONS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or licensor.

 

 

13 COPYRIGHT AND TRADEMARK INFRINGEMENTS; NOTIFICATION

 

GPS respects the intellectual property rights of others, and we require You to do the same. GPS may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe or are accused of infringing the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide GPS' designated agent the following information:

 

    * A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    * Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

    * Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit GPS to locate the material.

    * Information reasonably sufficient to permit GPS to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted.

    * A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

    * A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

GPS's agent for notice of claims of copyright or trademark infringement on this Site can be reached as follows:

 

By mail:

Grow Promotional Solutions

P.O. BOX 117

Kaysville, UT 84037

 

By e-mail:

 

customerservice@growpromo.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. (See, e.g., Online Policy Group v. Diebold, 337 F. Supp. 2d 1195 (N.D. Cal. 2004) Diebold agrees to pay $125,000 in damages and fees under Section 512(f).)

 

 

 

14 DISCLAIMER OF WARRANTIES

 

YOUR USE OF THIS SITE AND/OR THE SERVICES IS AT YOUR OWN RISK. GPS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. NONE OF THE MATERIALS, USER CONTENT, OR THIRD PARTY CONTENT HAVE BEEN VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY GPS, AND THEY MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. GPS DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE MATERIALS, USER CONTENT OR THIRD PARTY CONTENT CONTAINED ON THIS SITE. GPS HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, USER CONTENT AND/OR THIRD PARTY CONTENT, WHETHER PROVIDED BY GPS OR OUR LICENSORS. THIS SITE AND GPS DO NOT PROVIDE LEGAL ADVICE OR ANY OTHER KIND OF ADVICE. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ON THIS SITE ARE FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS, USER CONTENT AND THIRD PARTY CONTENT ARE NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL, FINANCIAL OR OTHER PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A QUALIFIED ATTORNEY OR OTHER APPROPRIATE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A LEGAL, FINANCIAL, HEALTH OR OTHER ISSUE.

 

GPS DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC DOCUMENTS, MATERIALS, USER CONTENT, THIRD PARTY CONTENT, OPINIONS, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE.

 

GPS, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, USER CONTENT OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, THE THIRD PARTY CONTENT AND THE USER CONTENT OF OTHER USERS OF THIS SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, THIRD PARTY CONTENT, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. GPS DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

 

THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY GPS HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

 

15 LIMITATION OF LIABILITY AND DAMAGES

 

 

15.1 Limitation of Liability

 

GPS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS, THIRD PARTY CONTENT OR USER CONTENT TO OR FROM THIS SITE. GPS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE SITE OR SERVICE TO OPERATE, FOR ANY ERRORS IN OR IN CONNECTION WITH THE SITE, OR FOR ANY LACK OF ACCESS TO THE SITE OR SERVICE. GPS MAY INTERRUPT THE SITE OR SERVICE AT ANY TIME TO PERFORM MAINTENANCE, TO ADDRESS SECURITY BREACHES, OR FOR ANY OTHER REASON, OR NO REASON AT ALL, WITH NO LIABILITY TO YOU WHATSOEVER IN NO EVENT SHALL GPS BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, RELIANCE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ANY DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) HOWEVER ARISING, EVEN IF GPS KNOWS OR HAS BEEN ADVISED THERE IS A POSSIBILITY OF SUCH DAMAGE. THE LIABILITIES LIMITED BY THIS SECTION) INCLUDE WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE.

 

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GPS AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.

15.2 Limitation of Damages

 

IN NO EVENT WILL GPS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THIS SECTION INCLUDE WITHOUT LIMITATION LIABILITY FOR NEGLIGENCE.

 

THESE LIMITATIONS OF DAMAGES ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN GPS AND RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY REFERENCE SITES.

15.3 Limitations by Applicable Law

 

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED, IF THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED APPLY AT ALL.

15.4 Basis of the Bargain

 

YOU ACKNOWLEDGE AND AGREE THAT GPS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GPS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GPS. GPS WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

 

16 LOCAL LAWS; EXPORT CONTROL

 

GPS controls and operates this Site from its headquarters in the United States of America and the Materials, User Content and/or Third Party Content may not be appropriate or available for use in other locations. If You use this Site outside the United States of America, You are responsible for following applicable local laws.

 

You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by You that You will not export such software, technical data, or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on Your compliance with this provision.

 

 

17 TERMINATION

 

 

17.1 GPS

 

GPS may, in its sole discretion, for any or no reason, and without penalty, terminate and/or suspend Your access to this Site without notice. GPS prefers to advise You of Your inappropriate behavior and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by GPS, may result in immediate termination of Your access to this Site. If GPS terminates Your access to the Site, GPS may delete Your user profile(s) but will not be obligated to, and may delete any User Content that You have provided in connection with the Site. GPS has the right to terminate any password-restricted account for any reason. You will not create multiple user accounts, particularly so as to abuse the any of the GPS policies, guidelines, or systems, or in connection with DocCash. If, in violation of these Terms of Service you have created multiple accounts and any single account is terminated by GPS then GPS may terminate all of Your accounts. Further, if GPS terminates any of Your User accounts and You have multiple accounts You will notify GPS of the usernames of all Your other User accounts and you will not open any new User account(s). Such termination may continue so long as GPS suspects the violation in question, and GPS will have no liability to You for such suspension, including without limitation liability to refund any fees for paid for any content, documents, features or subscriptions. You agree that GPS will not be liable to You or any third party for any such termination.

17.2 You

 

Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of GPS in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate Your account and by discontinuing use of any and all parts of the Site.

 

 

18 INDEMINIFICATION

 

You agree to indemnify, defend, save, and hold harmless GPS, its parent and affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners, from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. GPS reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend or hold harmless GPS, and You agree to cooperate with GPS' defense of these claims. GPS will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.

 

 

19 MISCELLANEOUS

 

 

19.1 Governing Law and Jurisdiction

 

California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or this Site will be heard in the courts located in Los Angeles County, California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.

19.2 Waiver

 

GPS' failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between You and GPS and supersede all prior or contemporaneous negotiations, discussions or agreements between You and GPS about this Site.

19.3 Survival

 

Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections regarding proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and damages and all general provisions shall survive any termination of these Terms.

19.4 Severability

 

If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

19.5 Assignment

 

These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by GPS without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

19.6 Headings

 

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

19.7 Entire Agreement

 

This is the entire agreement between You and GPS relating to the subject matter herein and will not be modified except in writing, signed by both parties by hand, or by a change to these Terms made by GPS as set forth in sections 3 and 4 above.

19.8 Claims

 

YOU AND GPS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19.9 You expressly waive the right and agree not, to bring or participate in, any class action or joinder or consolidation of claims with respect to any dispute under or relating to this Agreement, including in any arbitration.

19.10 COMPLAINTS

 

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (916)445-1254 or (800) 952-5210.