Terms and Conditions
By visiting www.786Promotionals.com (together with its subsidiaries) other affiliated websites (the “Websites”), you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and ensure that the Websites are safe for everyone. By agreeing to these terms, you assume responsibility for your own actions. If you do not agree to the terms of use below, do not access or use this site.
786Promotionals is a brand part of the Editorial Group 786 and constitutes the specialized area in everything related to brand and logo management in promotional products, uniforms, printed material, etc.
Legal notice and disclaimer:
786 Promotionals obtains all information, downloadable files, and software contained herein from sources 786 Promotionals believes to be accurate and reliable. Due to the possibility of human and mechanical errors, as well as other factors, 786 Promotionals shall not be liable for any errors or omissions in the information and/or downloadable files and/or software available on the Websites.
786 Promotionals is not responsible and expressly disclaims any responsibility for the suitability, for any purpose, of the information, downloadable files and/or software available to the user on the Websites. The information and software may be changed at any time without notice. The information and software on the Websites are provided “as is” without express or implied warranty of any kind.
786 Promotionals disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose.
In no event shall 786 Promotionals be liable for any special, incidental, indirect, or consequential damages or any damages whatsoever, including, without limitation, any loss of use, loss of data or loss of profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use or performance of the information and/or downloadable files and/or software on the Websites. Some U.S. states and foreign countries provide rights in addition to the foregoing or do not allow the limitation or exclusion of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions that supersede the above. Any clause or part of a clause declared invalid shall be deemed severable and shall not affect the remainder of the clause’s validity or enforceability. These terms may only be amended in writing, must be signed by authorized representatives of 786 Promotionals, and shall be governed by the laws of FLORIDA.
Links to Third Party Sites
Links to third parties contained on the Websites will enable you to leave the Websites. The sites that are linked on the Websites are not under the control of 786 Promotionals. 786 Promotionals is not, and shall not be, responsible for the content, in any manner or form, of any linked site or any link contained on a linked site. 786 Promotionals provides these links only as a convenience to you, the user of the Websites, and the inclusion of any link does not imply endorsement by 786 Promotionals of the linked site.
Any rights not expressly granted by 786 Promotionals herein are expressly reserved.
Website Terms of Use
Acceptance of the Terms of Use of the Websites: 786 Promotionals provides you with access to the Websites free of charge under these Terms of Use. While some portions of the Websites may be viewed by simply visiting such websites, to receive additional services from 786 Promotionals, you may be required to log in as a guest or register as a member. If you log on to the Websites as a guest or register as a member of the Websites community, these Terms of Use will govern your use of the Websites, including access to message boards and other features.
BY ACCESSING THE WEBSITES AND BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of the Websites and all services provided in connection with the Websites. 786 Promotionals shall not be liable to you for any breach of these Terms of Use.
In addition, 786 Promotionals has no fiduciary responsibility to any user of the Websites. If you do not agree to these Terms of Use, do not register or access the Websites. The Terms of Use for your continued use of the Websites will be posted on the Websites. Please check this area before using the Websites to determine if a change has been made to these Terms of Use. If you do not agree to these changes, as they may occur, please arrange to cancel your registration on the Websites immediately by notifying 786 Promotionals of your unwillingness to accept the changes to the Terms of Use, and discontinuing your use of the Websites. Your continued use of the Websites shall be construed as, and shall constitute your acceptance of any and all changes to the terms and conditions set forth herein.
From time to time, 786 Promotionals may supplement these Terms of Use with additional Terms relating to specific content or events (“Additional Terms”), which may be posted on the Websites to be viewed in connection with specific content or events and will be identified as such. You understand and agree that such Additional Terms are incorporated herein by reference into these Terms of Use. Registration Information/Privacy Policy Collection of Personal Information
When you participate in certain activities on this site, such as completing forms, downloading software, or submitting complaints, 786 Promotionals may ask you to provide certain information about yourself by completing and submitting an online form. It is completely optional for you to participate in these activities. However, if you choose to participate in these activities, 786 Promotionals may require you to provide certain personal information, such as your name, mailing address, email address, and other personally identifiable information. 786 Promotionals collects this information to record and support your participation in the activities you select. All information collected, regardless of type, will be protected following the Privacy Act and the Freedom of Information Act. 786 Promotionals will make every reasonable effort to comply with your requests, but we appreciate your patience in allowing us a reasonable amount of time to process.
Use of cookies
When you visit the Websites, you can browse the site anonymously and access important information without revealing your identity. To analyze and improve our site, 786 Promotionals uses “cookies” to track your visit. A cookie is a small amount of data that a web server transfers to your browser that can only be read by the server that gave it to you. It cannot be executed as code or pass on viruses. Most browsers are set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some web pages that require an authorization, cookies are not optional. Users who choose not to accept cookies will not be able to access those pages.) While 786 Promotionals uses cookies to track your visit to websites, and its web servers automatically log the IP/Internet address of your computer, this information does not personally identify you, and you remain anonymous unless you have provided personal information to 786 Promotionals. Please be aware that 786 Promotionals is not responsible for the content or privacy practices of websites that 786 may link to. Users may email us at info@786group.us with any other questions.
Contact information for 786 Promotionals:
Attn: 786 Promotionals – Website Privacy. Email: Privacy@786promotionals.com
Modifications to these Terms of Use
786 Promotionals may modify these Terms of Use from time to time at its sole discretion. Each time you log in to the Websites, you will be deemed to have accepted such changes unless you cancel your registration on Websites immediately by notifying 786 Promotionals of your unwillingness to accept the Terms of Use and discontinuing your use of the Websites.
Modifications to the Websites
786 Promotionals may modify or discontinue the Websites with or without notice and without liability to you or any third party.
Content of Messages
You also agree not to use the Websites to send or post any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented. 786 Promotionals reserves the right to use any message or material that is unlawful, threatening, racially offensive, inaccurate or objectionable in any way or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourages the use of controlled substances.
786 Promotionals reserves the right to remove such material from the Websites. 786 Promotionals will cooperate fully with law enforcement officials and/or agencies to investigate any person or persons who violate the Terms of Use contained in this Section. You agree not to post or use the Websites to distribute or submit illegal material of any kind, including, but not limited to, illegal material in the form of text, graphics, video, software,or audio files. Posting content or engaging in any form of discussion with the intent to commit an illegal activity is strictly prohibited.
You acknowledge that 786 Promotionals permits access to content protected by copyrights, trademarks, and other intellectual and proprietary rights (“Rights”); these Rights are valid and protected in all media and technologies now existing later developed. And except as otherwise explicitly stated, the Terms of Use and applicable copyright, trademark, and other laws govern the use of such content. You may not post on the Websites, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining whether the Rights protect any information, software, images, or any other content rests with you. You acknowledge that 786 Promotionals may acquire rights to use any material posted as described below.
Third-Party Services
Special routing icons may be included within the Websites, whose activation will enable you to access and obtain more information about 786 Promotionals and other services provided by 786 Promotionals or its affiliates. Therefore, the use of such icons is free of charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to your use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
786 Promotionals EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
786 Promotionals MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; nor does 786 Promotionals MAKE ANY WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES.
786 Promotionals SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE or UNFORESEEABLE, THAT MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEBSITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT 786 Promotionals DOES NOT WARRANT THE ACCURACY OR INTEGRITY OF ANY INFORMATION ON OR PROVIDED IN CONNECTION WITH THE WEBSITE.
786 Promotionals IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER 786 Promotionals NOR ITS MEMBERS —WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEBSITES— ARE ENGAGED IN THE PROVISION OF LEGAL, COMMERCIAL, INVESTMENT, OR OTHER ADVISORY SERVICES. 786 Promotionals ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR ATTENTION FOR ANY SITUATION OR PROBLEM YOU MAY HAVE.
786 Promotionals SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED OR ASSUMED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN THE WEBSITES IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM 786 Pomotionals OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH HEREIN.
786 Promotionals MAKES NO WARRANTY CONCERNING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITES, OR ANY TRANSACTION ENTERED INTO THROUGH THE WEBSITES. 786 Promotionals IS NOT RESPONSIBLE FOR INTERNET CONTENT OR WORLDWIDE WEBSITES OUTSIDE 786. AS A CONVENIENCE TO USERS OF THE WEBSITES, 786 Promotionals MAY PROVIDE LINKS TO RESOURCES BEYOND ITS CONTROL.
786 Promotionals MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, FUNCTIONALITY, OR LEGALITY OF ANY SITE THE WEBSITES MAY LINK TO, AND YOU HEREBY DISCLAIM ANY CLAIM YOU MAY HAVE AGAINST 786 Promotionals REGARDING SUCH SITES.
Limitation of Liability
786 Promotionals SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM: THE USE OR INABILITY TO USE THE WEBSITES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED/OBTAINED, MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, OR OTHER INTANGIBLE DAMAGES, EVEN IF 786 Promotionals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional Messages
786 Promotionals may, from time to time, send you email messages containing advertisements, promotions, etc. 786 Promotionals makes no representations or warranties regarding the content of such email messages or services obtainable from 786 Promotionals, and you agree that 786 Promotionals shall have no liability in connection therewith.
Indemnification
You agree to indemnify and hold all officers and/or employees of 786 Promotionals, its parents, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Websites, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Governing Law
These Terms of Use shall be governed by and construed following the laws of the State of FLORIDA, without regard to its conflicts of law provisions. The sole jurisdiction and venue for actions relating to the subject matter hereof shall be the State of Florida and the U.S. federal courts in Miami Dade County. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.
Remedies for breach of these terms by You
In the event 786 Promotionals determines, at its sole discretion, that you have violated any part of these Terms of Use, or have demonstrated conduct inappropriate to the Websites’ community, 786 Promotionals reserves the right to (i) warn you by email that you have violated these Terms of Use; (ii) remove any content provided by you or your agent(s) to the Websites; (iii) remove all content provided by you to the Websites; (iv) discontinue your registration on the Websites; (v) notify and/or submit content and/or cooperate fully with appropriate law enforcement authorities for further action; and/or (vi) any other action 786 Promotionals deems appropriate.
Miscellaneous
If any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be interpreted or if a court having jurisdiction over the parties to the Terms of Use declares any such provision invalid, such provision shall be deemed to have been restated to reflect as accurately as possible the original intentions of the parties according to applicable law, and the remainder of these Terms of Use shall remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use shall not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance. Rather, 786 Promotionals may assign its rights and obligations under these Terms of Use and, upon such assignment, 786 Promotionals may be relieved of any further obligations hereunder. You state to 786 Promotionals that you have the authority to register on the Websites according to these Terms of Use. These Terms of Use and the Additional Terms constitute the entire understanding between the parties as to the subject matter hereof and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use shall, at 786 Promotionals’ option, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use shall remain valid and enforceable.
