Terms and Conditions of Use
This document discloses the Terms and Conditions of Use for EmbroideryBroker.com.
EmbroideryBroker.com("Site" or "Company") offers you a wide range of products and
services ("Materials" or "Services") via this web site. Please review the following
terms that govern your use of the Site. Please be advised that your use of this
web site constitutes your agreement to follow and be bound by the following
Terms and Conditions.
Attention: This Site and these Terms and Conditions may be
changed by Embroiderybroker.com with or without notice. Please review this
link on a regular basis for changes. Continued use of this web site following
any change constitutes your acceptance of the change.
Terms and Conditions
All information and services on this worldwide web site (together with the
underlying HTML source files that implement the hypertext features) may be
used solely under the following Terms and Conditions. EmbroideryBroker.com
may revise these Terms and Conditions at any time by updating this posting.
Your continued use of the EmbroideryBroker.com web site constitutes your
binding and continued acceptance of these Terms.
Use of Materials
The contents of this Site, (including text, graphics, images, logos, button icons,
HTML code, software, intellectual property and other Material) are the property of
EmbroideryBroker.com, its content suppliers or clients and are protected by U.S.
and international copyright laws. In addition, the compilation (meaning the
collection, arrangement and assembly) of all content on this Site is equally
protected.
The use of Site's Materials on any other web site or networked computer
environment or for any other purpose is strictly prohibited and such unauthorized
use may violate copyright, trademark and other similar laws. You may use, view,
print and/or download one copy of the Materials from this Site on any single computer
solely for your personal, informational, non-commercial use within your organization,
provided you keep intact all copyright and other proprietary notices. In no event
shall materials from this Site be stored in any information storage and retrieval
system without prior written permission from EmbroideryBroker.com.
Privacy Policy
Our use of any personally identifying information you provide to us as part of
the registration process is governed by the terms of our Privacy Policy.
User Submissions and Conduct
As a user, you are responsible for your own communications and are responsible for
the consequences of their posting. You acknowledge that any reliance on material
posted by other users will be at your own risk. All information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials publicly
posted or privately transmitted are the sole responsibility of the originator or
person from which such material emanates. You also permit any subscriber or user to
access, display, view, store and reproduce such content for personal use.
When you post a listing, upload a file or otherwise provide us with material for
display on the web site, you are granting EmbroideryBroker.com a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense,
adapt, transmit, publicly perform or display any such communication. Any hyperlinks
contained in a posting submitted by a user will be disabled when posted on the Site.
You must not, and by using this web site you agree not to:
- post material that is obscene, defamatory, threatening, harassing, abusive,
hateful or embarrassing to another user or any other person or entity;
- post a sexually-explicit image or statement; political propaganda; or religious material
- post chain letters or pyramid schemes
- impersonate another person, including, but not limited to an EmbroideryBroker.com
official, or falsely state or misrepresent your affiliation with a person or entity
- post material that contains viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or information
- post, email, or transmit any material that you do not have a right to make
available under any law or under contractual or fiduciary relationships
- post, email, or transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation
- post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others
- harm minors in any way; or
- stalk or otherwise engage in any conduct that harasses another
- post ads for items not related to the apparel decorating industry
- post classifieds with material either taken from other sites, or was never
yours to begin with, in an effort to pose as a seller of an item you do not
actually have. EmbroideryBroler.com considers this as an attempt to scam other
site users and/or potential buyers and reserves the right to delete these
classifieds immediately.
User Information
The Site acts as a passive conduit for the on-line distribution and publication of user-submitted
information and has no obligation to screen communications or information in advance and is
not responsible for screening or monitoring material posted by users. If notified of
communications, which allegedly do not conform to the Terms and Conditions, the Company may
investigate and determine in its sole discretion whether to remove or request the removal of
the communication. The Company has no liability or responsibility to users for performance or
nonperformance of such activities. The Company may take any action with respect to user-submitted
information that it deems necessary or appropriate if it believes it may create liability for the
Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other
suppliers.
To use certain features of the Site, you must register with EmbroideryBroker.com and
create a username and password through the Site's registration process. You agree (a) to provide
true, accurate, current and complete information about yourself, and (b) to maintain and promptly
update the information you provide. You are responsible for maintaining the confidentiality of
your password and account information and are responsible for all activities that occur under
your password or account. You agree to notify us immediately of any unauthorized use of your password
or account or any other breach of security, and to ensure that you exit from your account at the
end of each session. The Company cannot and will not be liable for any loss or damage arising from
your failure to protect your password or account information. If you provide or EmbroideryBroker.com
has reasonable grounds to believe you have provided untrue or inaccurate information or not current
or incomplete information, EmbroideryBroker.com has the right to suspend or terminate your access
through your username and password.In order to use the Site's services you will be required to
provide a valid email address. In addition to the terms and conditions that may be set forth in
any privacy policy on this Site, you understand and agree that the Company may disclose to third
parties, on an anonymous basis, certain aggregate information contained in your registration
application. The Company will not disclose to any third party your name, address, e-mail address
or telephone number without your prior consent except to the extent necessary or appropriate to
comply with applicable laws or in legal proceedings where such information is relevant. The Company
reserves the right to offer third party services and products to you based on the preferences that
you identify in your registration and at any time thereafter; such offers may be made by
EmbroideryBroker.com or by third parties. Please see our Privacy Policy for further details
regarding your account information.
Except for any disclosure by you for technical support purposes
or as specified in our Privacy Policy, all communications from you to this Site will be considered
non-confidential and non-proprietary. You agree that any and all comments, information, feedback
and ideas regarding our company, products or services that you communicate to EmbroideryBroker.com
will be deemed the property of the Company and the Company shall be entitled to full rights of
ownership, including, without limitation, unrestricted right to use or disclose such feedback in
any form, medium or technology known now or developed later, and for any purpose, commercial or
otherwise, without compensation.
Termination and Agreement Components
EmbroideryBroker.com reserves the right, at its sole discretion, to pursue all of its legal
remedies to delete your postings from this Site, to immediately terminate your registration
with this Site if any of the Terms and Conditions are violated. In addition, if the Company
is unable to verify or authenticate any information you submit to the Site your registration
can be terminated. Termination may occur without prior notice or liability.
The staff at EmbroideryBroker.com also reserves the right, at their own discretion, to
delete any posted listing or any registration at any time, also without notice or liability.
You will not misuse or share your username/password for EmbroideryBroker.com. If you are in
violation of your obligations under the Terms and Conditions, you may be subject to prosecution.
Linking
The Site contains links to other World Wide Web Internet sites as a convenience to you.
EmbroideryBroker.com is not responsible for the availability of these outside resources or
their contents. The inclusion of such a link does not imply endorsement of the site or its
contents or any association with its operators. EmbroideryBroker.com is not responsible for
the accuracy, copyright compliance, legality, decency or appropriateness of the content, nor
the advertising, products or other materials on such sites. Under no circumstances shall
EmbroideryBroker.com be held responsible or liable, directly or indirectly, for any loss or
damage caused or alleged to have been caused to a user in connection with the use or reliance
on any content, goods or services available on such third party sites. If you decide to
access linked third party web sites, you do so at your own risk. Any concerns regarding any
third-party web site should be directed to its respective site administrator or webmaster.
EmbroideryBroker.com reserves the right to terminate any link or linking program at any time.
You may provide links only to the homepage of EmbroideryBroker.com, provided (a) you do not
remove or obscure, by framing or otherwise, any portion of the Site or the advertisements,
the copyright notice, or other notices on this site, (b) you give EmbroideryBroker.com notice
of such link by contacting us and (c) you discontinue providing hot links to EmbroideryBroker.com
if notified.
EmbroideryBroker.com disclaims any and all warranties, express or implied, to
any such linked sites, including but not limited to any terms as to the accuracy, ownership,
validity or legality of any content of a linked site.
Copyright and Trademark Notice
All names of companies affiliated with, associated with, or related to EmbroideryBroker.com,
as well as their products referenced in this website are trademarks or registered trademarks
of EmbroideryBroker.com and/or such related companies. Other products and company names
referenced on this website may be the trademarks of their respective owners. No permission
is granted for using the company/product names, trademarks or trade names included on this
website for any reason other than for non-commercial, informational purposes.
Limitation of Liability
EmbroideryBroker.com is merely an information center. EmbroideryBroker.com does not screen
or censor the submitted postings. Further, the Company is not involved in the actual transaction
or decisions of its users. As a result, the Company has no control over the quality, safety
or legality of the posted information, or the truth or accuracy of the listings. There are
risks involved in conducting business through the Internet, including but not limited to the
risk of physical harm, of dealing with strangers, underage persons or people acting under
false pretenses. By its very nature, other people's information may be offensive, harmful
or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that
you will use caution and common sense when using this web site. By using EmbroideryBroker.com
you assume all risks associated with dealing with other users with whom you come in contact
through the web site.
The Site's content may contain inaccuracies, out-of-date information or typographical errors.
EmbroideryBroker.com makes no representations about the accuracy, reliability, completeness
or timeliness of the posted information. The use of the Site and its content is at your own
risk. Changes are periodically made to the Site and may be made at any time.
EmbroideryBroker.com makes no commitment and expressly disclaims any duty to update any of
the posted content on this Site.EmbroideryBroker.com does not warrant that the web site will
operate error-free or that the web site and its server are free of computer viruses or other
harmful mechanisms. If your use of the Site or the Material results in the need for servicing
or replacing equipment or data, the Company is not responsible for those costs.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EmbroideryBroker.com 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 AND
NON-INFRINGEMENT. EmbroideryBroker.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR THAT (V) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.NO INFORMATION OBTAINED BY YOU FROM EmbroideryBroker.com SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU EXPRESSLY UNDERSTAND AND AGREE
THAT EmbroideryBroker.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EmbroideryBroker.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. IF YOU ARE DISSATISFIED WITH ANY EmbroideryBroker.com MATERIALS, PRODUCTS OR
SERVICES OR WITH ANY OF EmbroideryBroker.com’s TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING EmbroideryBroker.com.
Indemnification
Your use of the EmbroideryBroker.com web site constitutes your agreement to defend, indemnify
and hold harmless EmbroideryBroker.com. (including its' employees, contractors, officers and
directors), as well as its affiliated companies, from any claim or demand (including reasonable
attorneys' fees), arising out of your use or misuse of the Site or the use or misuse of the
Site by a third party using your password.
Applicable Laws
The federal laws of the United States and the laws of the State of Missouri
shall govern all matters relating to your access and use of this Site. These Terms and Conditions are
governed by the internal substantive laws of Missouri, without respect to its conflict of laws principles.
Disputes arising hereunder shall be exclusively subject to the jurisdiction of the federal courts of
the United States of America and/or the state courts of Missouri and venue shall rest solely in Bollinger
County Missouri, USA.
If any provision of these Terms and Conditions are found to be invalid by any court
having competent jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United
States. Access to the Materials may not be legal by certain persons or in certain countries. If you access
the Site from outside of the United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or from the country in which you reside
or access this site.
Placing Classifieds
By placing an ad on EmbroideryBroker.com, you agree to pay the fees specified for the package
you select, regardless of whether or not your item sells as a result of the listing. Take care
in selecting your ad package and inputting your ad information; listing fees are generally not
refundable, even if you provide erroneous information or fail to sell your items.
Responsibility for the information contained in listings lies with each seller. You alone are
responsible for material you post and for the content of all email messages transmitted through
EmbroideryBroker.comAds posted on EmbroideryBroker.com will run for the allotted time. There
are 10 slots on the Home. Ads are listed in chronological order. By posting a Featured/Classified
Ad, you agree that as new ads are posted older ones will be pushed down the Home Page, and
eventually off the page, but will still run the full allotted time on the respective Category
Page. There is no guaranteed amount of time for ads running on the Home Page.
Buyers and Sellers
The prices listed by sellers on EmbroideryBroker.com often exclude sales tax, finance charges,
regulatory, dealer documentary, or shipping, any or all of which may be added to the listed
price to arrive at the final sale price of a particular item.
EXCEPT AS EXPRESSLY PROVIDED IN ADDITIONAL AREAS OF THE SITE THESE TERMS AND CONDITIONS
CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY WITH RESPECT TO ITS USE. IF
THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE
YOUR USE OF THIS SITE.
If you have any questions regarding the Terms and Conditions for this web site, contact
www.embroiderybroker.com.