PRIVACY POLICY
All of us at BrandCaddy, including its affiliates, representatives, and partners
(collectively referred to herein as "BrandCaddy," "we," or "us"), are committed to
protecting and respecting your privacy while using BrandCaddy.com ("Website") and our
services, including but not limited to storage, access, emails, newsletters, blogs,
promotions, surveys, and any other exciting thing we offer or provide ("Services").
Please read the following to understand our practices regarding personal information and
how they affect you when utilizing our Website and Services. By using the Website and
our Services, you consent to the collection and use of the information discussed below
and this Privacy Policy. BrandCaddy may change this Privacy Policy from time to time.
Therefore, you should make sure you check the Privacy Policy occasionally for changes
(the latest revision date will be listed at the bottom of the webpage).
A. Information Collected By BrandCaddy
BrandCaddy gathers two types of information: (1) information that users provide through
voluntary registration and submissions to our Website and Services; and (2) aggregated
tracking information derived from by tallying page views throughout the Website. The
information we collect and how we use it is detailed further below.
1. IP addresses
BrandCaddy logs the IP addresses of the users accessing the Website, but we do not
attempt to link these IP addresses to a user's personally identifiable information. In other
words, while we know what Website areas a particular computer accesses, we do not try
to determine the identity of the person using the computer. We collect IP addresses for
Website security and to help us understand how people use our Website so that we can
analyze trends, administer the Website, collect broad demographic information, and
hopefully improve a Website user's experiences.
2. Personal information
BrandCaddy collects information about those who register with the Website and for our
Services. Therefore, we ask for your name, email address, and other personal
information when you register with our Website or for Services. To receive some of our
exclusive Services or post a message on the Website's discussion boards, you will need
to register with the Website. Additionally, we may ask for information as a condition to
participate in certain contests or promotions sponsored by BrandCaddy or our Website
partners. For certain Services, we may request credit card or other payment account
information, which we maintain in encrypted form on secure servers. Optional surveys
are another way we hope to gather information to make a better Website and provide
better Services. We sometimes share the aggregated demographic information in these
surveys with our sponsors, advertisers, and Website partners; however, we do not share
specific information that would lead to the identity of a particular individual, and
whenever practical or necessary we will give you the opportunity to opt out of combining
such information.
3. Recommendation email
If you use our Services to forward content from the Website to a friend, you will be
required to provide us with both your email address and your friend's email address. We
will automatically send your friend a single email, which will either have the content
attached or contain a link to the content, as well as invite your friend to visit and register
with our Website. We will not use these email addresses for any other purpose.
4. Usage tracking
BrandCaddy tracks user traffic patterns throughout all of our sites. However, we do not
correlate this information with data about individual users. BrandCaddy does break down
overall usage statistics according to a user's domain name, browser type, and MIME type
by reading this information from the browser string (information contained in every
user's browser).
BrandCaddy sometimes tracks and catalogs the search terms, which users enter in our
search function, but this tracking is never associated with individual users. We use
tracking information to determine what areas of the Website users like and do not like
based on traffic to those areas. We do not track what individual users read, but rather how
well each page performs overall. This helps us build a better Website and Services for
you.
5. Cookies
Cookies are small pieces of information stored on your computer's hard drive. We may
place a text file called a "cookie" in the browser files of your computer. A cookie can't
read data off your hard disk or read cookie files created by other sites. The cookie itself
does not contain personal information. The only personal information a cookie can
contain is information you supply yourself.
We collect information from cookies in much the same way, and for many of the same
reasons, as we collect information through IP addresses. We use cookies to help us
identify the types of content on the Website that are of most interest to our users. This
allows us to provide more relevant content and enhance each user's experience on the
Website. Because we do not collect personally identifiable information through cookies,
your privacy and security are not compromised when you accept a cookie from
BrandCaddy.com.
We may also use cookies to remember the password(s) associated with a particular
computer to eliminate the need for you to keep re-entering them each time you come
back to the Website. Additionally, we use cookies to better target the types of advertising
on the Website that we think will be of most interest to particular users (based on the
content accessed by their computers). Our advertising system delivers a one-time cookie
to better track ad impressions and click rates. You are advised that advertisers on our
Website may also serve you their own cookies, when you click through to their separate
websites. We do not control, nor do we have access to, any of the information that they
may collect from your access and/or use of their websites.
You can refuse cookies by turning them off in your browser. If you have set your browser
to warn you before accepting cookies, you will receive the warning message with each
cookie. You do not need to have cookies turned on to use the Website. However, if you
do not accept cookies, you may not be able to take full advantage of certain customized
content on the Website.
6. User Communications
When you send email or other communication to BrandCaddy, we may retain those
communications in order to process your inquiries, respond to your requests, and improve
our services.
7. Children
Consistent with the Federal Children's Online Privacy Protection Act of 1998 (COPPA),
we will never knowingly request personally identifiable information from anyone under
the age of thirteen (13) years-old without requesting parental consent.
B. Information Security
We are committed to ensuring your information is secure. In order to prevent
unauthorized access or disclosure, we have put in place suitable procedures to safeguard
and secure the information we collect online. BrandCaddy operates secure data networks
protected by industry standard firewall and password protection systems.
Our security and privacy policies are periodically reviewed and enhanced as necessary.
These include internal reviews of our data collection, storage and processing practices
and security measures, as well as physical security measures to guard against
unauthorized access to systems where we store personal data. All of your information is
housed in secure, access-restricted areas. Only authorized individuals have access to the
information provided by our users. We restrict access to personal information to our
employees, contractors and agents, who need to know that information in order to
operate, develop, or improve our services. These individuals are bound by confidentiality
obligations and may be subject to termination, as well as criminal prosecution, if they fail
to meet these obligations.
C. Data integrity
In accordance with this Privacy Policy and/or any specially issued privacy notice,
BrandCaddy processes personal information only for the purposes for which it was
collected. We periodically review our data collection, storage, and processing practices
to ensure that we only collect, store, and process the personal information needed to
provide or improve our Services. We try to ensure that the personal information we
process is accurate, complete, and current; however, we must also depend on our users to
update or correct their personal information to reflect any changes.
D. Accessing and updating personal information
BrandCaddy makes good faith efforts to provide you with access to your personal
information, correct inaccurate information, and delete such information upon request,
unless such information must be retained by law or for legitimate business purposes.
Some of our Services require different procedures to access, correct, or delete a user's
personal information. Users must identify themselves and the information requested to be
accessed before BrandCaddy will process any request to access, correct, or remove
personal information. We reserve the right to decline requests that are unreasonably
repetitive, require disproportionate technical effort, jeopardize the privacy of others, or
would be extremely impractical. In any case where personal information access and
correction is reasonably permissible, we perform this service free of charge.
E. Opt-Out Policy
We give users options wherever necessary and practical, such choices include: (1) opting
not to register with our Website or to receive certain Services; and (2) opting not to
participate in certain interactive Website areas, which completely alleviates the need to
gather any personally identifiable information from our users. You can decline to submit
personal information to any of our Services, in which case BrandCaddy may not be able
to provide those Services to you.
F. Links
Some of our Services are offered in connection with other websites. Therefore, our
Website may contain links to other websites. BrandCaddy does not exercise control over
these linked websites. In some instances, we will share demographic information on our
users with websites that link to our Website; but this information is shared on an
aggregate basis only. Any personal information that you provide to other websites that is
delivered to BrandCaddy, in connection with one of our Services, will be processed in
accordance with our Privacy Policy. Please remember that these linked websites may
have different privacy practices, so we encourage you to read their privacy policies as
well.
G. Enforcement
BrandCaddy regularly reviews its compliance with this Privacy Policy. If you have any
questions or concerns regarding this Privacy Policy or BrandCaddy's treatment of
personal information, please contact us at BrandCaddy at
PrivacyPolicy@BrandCaddy.com or General Counsel for BrandCaddy, Privacy Policy,
P.O. Box 272362, Boca Raton, Florida 33427. BrandCaddy's policy is to respond
promptly to any inquiries or complaints received from users. Furthermore, we will
cooperate with the appropriate regulatory authorities, including local data protection
authorities, to resolve any complaints regarding the transfer of personal data that cannot
be resolved between BrandCaddy and an individual.
H. Choices for personal information
When you sign up for Services that require registration, we ask you to provide personal
information. If we use the information you provide in a manner different than the
purpose for which it was collected or stated in this Privacy Policy, then we will ask for
your consent prior to such use. If we propose to use personal information for any
purposes other than those described in this Privacy Policy and/or in a specific service
notice, we will offer you an effective way to opt out of the use of personal information
for those other purposes. We will not collect or use sensitive information for purposes
other than those described in this Privacy Policy and/or in the specific service notices,
unless we have obtained your prior consent.
I. Information sharing
BrandCaddy shares personal information with other companies or individuals outside of
BrandCaddy in the following limited circumstances: (1) we have your consent; (2) we
receive your opt-in consent for the sharing of any sensitive personal information; (3) we
provide such information to our subsidiaries, affiliated companies, or other trusted
businesses or persons for the purpose of processing personal information on our behalf;
(4) we require that these parties agree to process such information based on our
instructions and in compliance with our Privacy Policy, as well as any other appropriate
confidentiality and security measures; (5) we have a good faith belief that access, use,
preservation or disclosure of such information is reasonably necessary to satisfy any
applicable law, regulation, legal process or enforceable governmental request, and/or
enforce BrandCaddy's Terms or Privacy Policy to investigate, detect, prevent, or address
fraud, security, technical issues, or protect against imminent harm to the rights, property,
or safety of BrandCaddy, our users, or the public as required or permitted by law; and (6)
if BrandCaddy becomes involved in a merger, acquisition, or any form of sale of some or
all of BrandCaddy's assets, we will provide notice before personal information is
transferred and becomes subject to a different privacy policy.
Last Updated: April 5, 2011
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TERMS AND CONDITIONS OF USE
Welcome to BrandCaddy.com
Welcome to BrandCaddy.com ("Website"). All of us at BrandCaddy, including its affiliates,
representatives, and Website partners (collectively referred to hereinafter as "BrandCaddy," "we," or
"us"), hope you will come back and visit the Website often and fully utilize our services, including text,
software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive
features, emails, newsletters, blogs, promotions, surveys, and any other exciting thing we offer, you may
view, access through, or contribute to our services ("Services"). But your use of the Website, and our
Services, is subject to certain rules and conditions, which we have listed below ("Terms"). By accessing
or using the Website, you are agreeing to be bound by these Terms ("Agreement"). We reserve the right
to deny Services and access to the Website to anyone, who violates this Agreement.
If you do not want to be bound by the Terms, you should not register with the Website or use the
Services we provide. We may change these Terms at any time, but will post in advance a notice on the
Website of any material changes to the Agreement. Your continued use of the Website and our Services
(after the posting of any amendments) means that you agree and accept any new or modified Terms, so
make sure you check the Terms occasionally for changes (the latest revision date will be listed at the
bottom of the webpage).
IF YOU DO NOT ACCEPT THE WEBSITE’S TERMS IN THEIR ENTIRETY, YOU MAY NOT
ACCESS OR USE THE WEBSITE OR ITS SERVICES. IF YOU AGREE TO THESE TERMS ON
BEHALF OF A BUSINESS OR ENTER INFORMATION AS TO THAT BUSINESS, YOU
REPRESENT AND WARRANT THAT: YOU HAVE THE AUTHORITY TO ENTER SUCH
INFORMATION FOR THE BUSINESS; YOU CAN BIND THE BUSINESS TO THE TERMS; AND
YOUR AGREEMENT TO THE TERMS WILL BE TREATED AS THE AGREEMENT OF THE
BUSINESS ("YOU" AND "YOUR" WILL ALSO REFER AND APPLY TO THAT BUSINESS).
Registration and Account Security
To receive some of our exclusive Services, you will need to register with the Website. As part of the
registration process, you will be asked to provide certain information, create a user name, and choose a
password. As a registered user, by following the appropriate links, you can update your personal
registration information and/or request your forgotten username and password. You agree that: you are
responsible for safeguarding the password that you use; you will not to disclose your password to any
third party; you take sole responsibility for any activities or actions under your password, whether or not
you have authorized such activities or actions; and you will immediately notify BrandCaddy of any
unauthorized use of your password. You further acknowledge that if you wish to protect your
transmission of data to BrandCaddy, it is your responsibility to use a secure encrypted connection.
Accounts
BrandCaddy may from time to time offer both restricted free accounts and paid premium accounts with
each offering different access and/or storage. You must read in its entirety this Agreement, and any
relevant portion of the Website referring to such services, for account restrictions. BrandCaddy reserves
the right, at any time, to change or impose fees for access to and use of the Website and/or Services.
Account Plans
An account plan commences on the date you place an order and continues until the expiration date set
forth in the order ("Plan"), or until the Plan has been terminated. A party may terminate a Plan for cause
upon: 30 days written notice of a material breach to BrandCaddy; and if such breach remains uncured at
the expiration of such period. Termination shall not relieve the obligation to pay any fees accrued or
payable to BrandCaddy prior to the effective date of termination. Upon request made within 30 days
after the effective date of termination, BrandCaddy will make available to you for download a file of
Your Data for cost. After such 30-day period, BrandCaddy shall have no obligation to maintain, store, or
provide any of Your Data thereafter (unless legally prohibited), and may delete all of Your Data in its
systems or otherwise in its possession or under its control.
Your Data
"Your Data" as used in this Agreement means the information contained in the files that you (or other
users on your behalf) upload, download, and access through the Website and Services. You are the
owner of Your Data and are solely responsible for your conduct and the content of Your Data, as well as
any of the content contained in Your Data, unless otherwise agreed or specified herein.
BrandCaddy allows you to share or not to share Your Data. You decide whether all or part of Your Data
is available to the general public or accessible to specific individuals you select. If you decide to share
Your Data, you are giving certain legal rights to those individuals who you have given access to Your
Data as described herein.
Unless otherwise agreed or specified herein, BrandCaddy does not claim any ownership rights in Your
Data. You acknowledge that BrandCaddy does not have any obligation to monitor Your Data that is
uploaded, posted, submitted, linked to or otherwise transmitted using the Website or Services, for any
purpose. BrandCaddy is not responsible for the accuracy, completeness, appropriateness, legality, or
applicability of the Your Data or anything said, depicted, or written by users on the Website, including
without limitation, any information obtained by using the Website or Services; therefore, you agree to
waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against
BrandCaddy with respect thereto.
Your Data Made Public or Shared for Specified for Access
Your Data made public or shared for specified for access by other users will be available as specified.
By making or granting such access possible, you hereby grant such specified users and the public a
perpetual and irrevocable non-exclusive, non-commercial, worldwide, royalty-free, sub-license, right
and license to use and exploit Your Data. By making Your Data available to the public or allowing
access by other users, for specific access or otherwise, you agree and acknowledge that: BrandCaddy
has no responsibility or obligation to monitor or notify of you of any non-compliance related to the
license you have granted; and BrandCaddy has no responsibility to enforce, police, or aid you in
enforcing or policing the terms of that license.
Representations as to Your Data
You represent and warrant that you own or have the necessary licenses, rights, consents and permissions
to grant the licenses that Your Data requires. Please note that removing all or portions of Your Data
from public or specific access does not revoke the license granted to those individuals who previously
accessed those files. You acknowledge and agree that you should not rely on the Website and Services
for any reason. You further acknowledge and agree that you are solely responsible for maintaining and
protecting all data and information that is stored, retrieved, or otherwise processed through the Website
or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you
or others may incur with respect to backing up, restoring and/or recreating any data and information that
is lost or corrupted as a result of your use of the Website and/or Services.
User Fees
You agree to pay all monthly user fees specified in any Plan for the entire agreed Plan term. Fees are
based on Plan rights purchased and not actual usage. Payment obligations are non-cancelable, fees paid
are non-refundable, and the Plan purchased cannot be decreased during the relevant Plan term ordered.
Invoicing and Payment
Monthly user fees for a Plan will be charged in advance to credit card provided as indicated. Any
payment not received by the due date, or declined for payment, may accrue (except with respect to
charges then under reasonable and good faith dispute), at BrandCaddy’s discretion, late charges at the
rate of 1.0% of the outstanding balance per month, or the maximum rate permitted by law, whichever is
lower, from the date such payment was due until the date paid. If an account is 30 days or more overdue
(except with respect to charges then under reasonable and good faith dispute), in addition to any of its
other rights or remedies, BrandCaddy reserves the right to suspend the Services provided until such
amounts are paid in full.
Intellectual Property
Except as otherwise specified in this Agreement, "Content" means any information, mode of expression,
or other materials found on the Website including, but not limited to: videos; articles; discussion boards;
blogs; chats; software; writings; graphics; and any and all other features found on the Website. All of
the content on the Website is the property of BrandCaddy and is protected by state, federal, and
international copyright laws. You may not modify, rent, lease, loan, sell, distribute or create derivative
works based on the Content (either in whole or in part) of another user’s shared data unless you have
been specifically told that you may do so by the rightful owner of that data in a separate agreement.
Use of Intellectual Property
You may make a single copy of the Website’s Content for your personal, non-commercial use; however,
any content copied from the Website must include the following notice: "Copyright 2011 BrandCaddy.
All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any sort of
commercial use of the Website’s content is prohibited without our prior written permission. You may
not alter or remove any copyright, service mark, trademark, or other notice from copies of the content.
Articles, editorials, graphics, videos, and photos that appear on the Website, or are transmitted to you as
part of our Services, are copyrighted or have been authorized for BrandCaddy’s use and shall not be
reproduced, republished, retransmitted, or redistributed, in print or electronically, without prior
permission and payment of applicable fees. BrandCaddy does not hold the copyright for material
generated from freelance writers/photographers/videographers, the Associated Press, or other
contributors.
To request permission to use copyrighted materials, send your requests to: Copyright@BrandCaddy.com
or General Counsel for BrandCaddy, Copyright Department, P.O. Box 272362, Boca Raton, Florida
33427.
Requests must include the following information:
(1) general description of the copyrighted material;
(2) associated headline or caption;
(3) date published or seen on the Website;
(4) explanation of your intended use for the copyrighted information; and
(5) contact information where you can be reached if we acquire additional information.
Right to Use Submissions
By registering with the Website, you grant BrandCaddy an unlimited and irrevocable license to
republish royalty free anything you post or submit for publication on the Website including, but not
limited to: any blogs, photos, comments, posts, editorials, articles, and/or graphics ("submissions").
Anytime we republish your submissions, we will credit you as the author in the form you choose when
registering with the Website. By making a submission to the Website, you are waiving any claim
against BrandCaddy regarding the use of such submission.
Copyright Complaints
BrandCaddy respects the intellectual property rights of others. It is BrandCaddy’s policy to promptly
respond to claims of intellectual property misuse and, where applicable, remove the potentially
infringing material.
Pursuant to the Digital Millennium Copyright Act ("Act"), 17 U.S.C. § 512, et seq., BrandCaddy has
implemented procedures for receiving written notification of claimed infringements and for processing
such claims in accordance with the Act. If you believe that your work has been copied in a manner that
constitutes copyright infringement or are aware of any infringing material on the Website or through our
Services, please submit a Notice of Infringement to: Copyright@BrandCaddy.com or General Counsel
for BrandCaddy, Copyright Department, P.O. Box 272362, Boca Raton, Florida 33427.
The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital
Millennium Copyright Act, and contain the following information as set forth in 17 U.S.C. §
512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed
infringement must be a written communication provided to the designated
agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a
single notification, a representative list of such works at that site.
(iii) 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, and information reasonably sufficient to permit
the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to
contact the complaining party such as an address, telephone number, and
if available, an electronic mail address at which the complaining party
may be contacted.
(v) A statement that the complaining party has a good faith belief that use
of the material in the manner complained of is not authorized by the
copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and
under penalty of perjury, that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner, or a person authorized to act on behalf of the copyright owner,
must comply substantially with the provisions above set forth above to constitute BrandCaddy’s actual
knowledge or an awareness of the alleged infringement. A separate Notice of Infringement must be sent
each time you wish to report an alleged act of infringement.
Code of Conduct on Website
Submissions to the Website must be done in a lawful and civil manner. You may not use or allow others
to use your registration with the Website to:
(1) post or transmit any content that you do not have the right to post or transmit under law, contract, or
due a fiduciary duty;
(2) post, transmit, or link to sexually explicit material or content that is abusive, defamatory, disruptive,
fraudulent, harassing, hateful, threatening, obscene, profane, uncivil, vulgar, or discloses private or
personal matters concerning any other person;
(3) impersonate any person or falsely represent your affiliation with a person or entity;
(4) post or transmit any advertising, promotional materials, or other forms of solicitation not authorized
by BrandCaddy;
(5) violate any applicable law or regulation including but not limited to the rules and regulations of the
U.S. Securities and Exchange Commission, any other securities exchanges, copyright, trade secret, or
securities;
(6) Offer, sell, or buy any security;
(7) post or transmit any file that contains a virus, corrupted file, "Trojan horse" or any code or device
that may damage another’s computer, computer related systems, and/or applications;
(8) disguise the origin of any content transmitted through or onto the Website;
(9) use any automated means including but not limited to agents, robots, scripts, or spiders, to access,
monitor, copy, or harvest data from the Website or BrandCaddy; and
(10) take any action that unreasonably and/or intentionally disrupts or damages the Website’s
infrastructure, our systems, or Services.
BrandCaddy may at any time, without prior notice, and at its sole discretion remove any post, terminate
your access to the Website, revoke your registration, or take any other appropriate action for violating
the above terms. Furthermore, a violation of the above terms may be referred to proper law enforcement
authority or regulatory agency. You are responsible for statements made and actions taken through the
use of your registration with the Website. Therefore, you agree to immediately notify BrandCaddy of
any actual or suspected unauthorized use of your username and password.
Disclaimer of Warranties and Liabilities
BrandCaddy provides a broad range of services, information, commentary, and entertainment. On any
given day, there are numerous contributors, who have used our Services and provided content to the
Website. Therefore, we cannot and do not warrant the completeness, truthfulness, or accuracy of the
content found on the Website, in our Services, or the content’s usefulness for any particular purpose.
BrandCaddy also makes no promises that our content or Services will be delivered to you uninterrupted,
timely, secure, or error-free – no matter how hard we try. We can only warrant that we will do are best
and will never intentionally provide you with false information. In exchange, you promise not to hold
BrandCaddy liable for direct, indirect, incidental, or any other type of damages, which includes, but is
not limited to, loss or injury caused in whole or in part by our negligence in creating, developing, or
maintaining our Website, Services, and content contained therein.
We do not know all the relevant facts about you and your individual needs. More importantly, we
cannot and do not claim or represent that any particular Services are suitable or best for you.
BrandCaddy’s Website and Services cannot replace your own simple common sense and the advice of
professionals familiar with you and your current situation. If you need or want personal or professional
advice, then you should seek a professional or qualified expert in the particular area of need. While we
hope to provide you with useful information, by using our Website and Services, you agree: to bear the
responsibility for your own research and decisions; and BrandCaddy will not be and cannot be liable for
decisions or actions taken by you or others based upon reliance on any news, information, material, or
other content published by BrandCaddy.
Capitalized Disclaimers and Limitations of Liability
BRANDCADDY IS NOT A FINANCIAL OR LEGAL ADVISOR. BRANDCADDY MAKES NO
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCT, SERVICE,
CONTENT, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASED OR OBTAINED
FROM THE USE OF OUR WEBSITE OR OUR SERVICES. YOU EXPRESSLY AGREE THAT
YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE,
COMPLETENESS, AND ACCURACY OF THE WEBSITE AND OUR SERVICES. TO THE
EXTENT THIS AGREEMENT’S EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS DETERMINED TO BE
INVALID, OUR LIABLITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Assignment
BrandCaddy may assign its rights and obligations under this Agreement without your consent. You may
not assign any of your rights and obligations under this Agreement without the prior written consent of
BrandCaddy, however, such consent may not be unreasonably withheld.
Notice, Governing Law, Jurisdiction, and Venue
Federal or state law may require that we notify you of certain events. You hereby acknowledge and
agree that such notices will be effective upon our posting them on our Website or upon sending them to
you via email, which is why you must keep your registration information current. If you do not provide
us with accurate information, we cannot be held liable if we fail to notify you. To request that we
provide such notices to you in paper format, send your requests to: NoticeRequest@BrandCaddy.com or
General Counsel for BrandCaddy, Notice Request Department, P.O. Box 272362, Boca Raton, Florida
33427.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be
invalid and unenforceable, the remaining portions of this Agreement shall be severable from such
portion and the remainder of this Agreement shall remain in full force and effect. This Agreement shall
be construed and governed by the laws of the State of Florida. You agree that the appropriate state or
federal courts in and for Palm Beach County, Florida ("Courts"), shall be the venue and exclusive proper
forum in which to adjudicate any case or controversy arising either directly, or indirectly, under, or, in
connection, with this Agreement. In the event litigation arising out of or in connection with this
Agreement is filed in these Courts, the BrandCaddy and you agree not to challenge the jurisdiction or
venue of these Courts.
Our Website and Services are directed at a U.S. audience. We cannot warrant that the Website and
Services are appropriate for users outside the United States, or that use of the Website and Services is
permitted under the laws of other jurisdictions. If you access the Service from a location outside the
United States you are responsible for compliance with all applicable local laws, including, but not
limited to, the export and import regulations of other countries. Subscriber acknowledges and agrees that
content is subject to the U.S. Export Administration Laws and Regulations.
All personal data is maintained in the United States under the terms of our Privacy Policy, which is also
incorporated by reference. The above Terms include those that are incorporated by reference and
constitute the entire and only agreement between you and BrandCaddy related to your use of the
Website and our Services.
Last Updated: May 5, 2011
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