© 2022 Copyright. All Rights Reserved by BrandSlice
Last Updated December 1, 2021
BrandSlice provides access through its website (the ”Site”), to a software-as-a-service platform where Brands and Retailers are able to access features that support collaborative sales, marketing and advertising activities (the “Service”).
As used herein, a “Brand” means an individual business entity with one or more associated brands that has engaged with BrandSlice as a customer for use of the Service and whose goods and/or services may be identified b, a distinctive name, trademark, and/or service mark or a collection thereof; a “Retailer” means an individual or entity that sells or makes available the goods and/or services of one or more Brands to consumers. By using the Service, you agree that you will be considered either a Brand or a Retailer and you will be bound by this Agreement.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Site.
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed,sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
BrandSlice will offer access to the Site to Brands and their designated representatives and Retailers (collectively ”customers”) upon either direct verbal engagement or via systematic email invitations. To gain full use of the Site, all customers must create a valid user account, in all cases pursuant to the terms and conditions set forth in this Agreement and any applicable ordering document. Your continued access to the Site will depend upon your status as either a Brand, Retailer or Representative.
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- American Express
You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US. dollars.
You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.
All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at CustomerService@BrandSlice.com.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Attempt to impersonate another user or person or use the username of another user.
5. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
6. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
7. Delete the copyright or other proprietary rights notice from any Content.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
10. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
11. Use the Site in a manner inconsistent with any applicable laws or regulations.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
Brands (“you”) shall bear all costs of procuring, curating and delivering Promotions, content, products and services, including any associated shipping, taxes and any other fees associated therewith. You represent and warrant that you have the applicable rights necessary to post or upload your Content to the Site and permit use of the Content in connection to the Site. You hereby license BrandSlice any and all rights necessary to use the Content to provide the Site to you and to sublicense rights to use the Content in conjunction with our Site offered to your authorized Retailers. In any event, you are solely responsible for your Promotions, content, products and services, including any and all injuries, damages, claims, liabilities and costs suffered in respect thereto and you will indemnify, and hold harmless, BrandSlice and any users of the Site for any claims, damages or other liability arising as a result of use of the Content rights granted herein or your breach of such representation and warranty.
You acknowledge and agree that the Service enables you to develop and share your Promotions and related content online with your Retailers and that the Service provides no validations that ensure that you operate any of your Promotions properly or legally. You represent, warrant, and covenant that in using the Service and in creating, advertising, marketing and operating your Promotions(s), you will comply with all applicable laws, rules, regulations, and industry standards, including without limitation the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, CAN-SPAM Act, or other laws that apply to commerce, the standards of the Mobile Marketing Association, and (except to the extent that these violate applicable law) your agreements with any Retailer or other third parties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SITE, AND ALL TOOLS AND RESOURCES MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED FOR YOUR CONVENIENCE AND REFERENCE, BUT WITHOUT ANY WARRANTY THAT USING THE SITE, OR SUCH TOOLS OR RESOURCES, WILL COMPLY WITH THE LAW. THE LAWS REGARDING MARKETING CAMPAIGNS AND ADVERTISING VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY; IT IS YOUR RESPONSIBILITY TO CONSIDER THE LAWS IN THOSE JURISDICTIONS IN WHICH YOU WILL OPERATE YOUR CAMPAIGN TO ENSURE THAT IT MEETS APPLICABLE LEGAL REQUIREMENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BRANDSLICE WILL HAVE NO LIABILITY FOR A CAMPAIGN’S FAILURE TO MEET SUCH REQUIREMENTS OR TO COMPLY WITH ANY APPLICABLE LAWS.
Use of Information
Notwithstanding anything to the contrary herein, by using the Service and/or participating in a Promotion, you agree that BrandSlice may share with the respective Retailer(s) associated with your account promotion information that you have approved for distribution to such Retailer(s), the analytical ranking of respective Retailer(s) in comparison to other Retailer(s) associated with your account (assuming that you have enabled the Retailer(s) to view these analytics), divisional analytics (assuming that you have enabled the Retailer(s) to view these analytics), and aggregate Brand(s) performance benchmarking. In addition, you agree that (a) BrandSlice may show a Brand its respective performance benchmarked against other Brand(s) using the Service, and (b) BrandSlice may use Retailer specific information provided by you (“Retailer Specific Data”) for its business purposes. Other than User Data that is not Retailer Specific Data, any data or information provided, sourced, input, and/or created by us with respect to any Brand or Retailer may be freely shared and/or used by us, and as between you and us, shall be owned by us.
You acknowledge and agree that the Service enables you to participate in and share with consumers the Promotions of your associated Brands online, and that the Service provides no safeguards that ensure that you or Brands operate (or that you or Brands participate in, customize, or share with consumers) a Promotion properly or legally. You represent, warrant, and covenant that in using the Service and in participating in, customizing (as permitted by the respective Brand), and sharing with consumers the Campaigns of your associated Brands, you will comply with all applicable laws, rules, regulations, and industry standards, including without limitation the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, CAN-SPAM Act, or other laws that apply to commerce, the standards of the Mobile Marketing Association, and (except to the extent that these violate applicable law) your agreements with any Brand or other third parties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE SITE, AND ALL TOOLS AND RESOURCES MADE AVAILABLE THROUGH THE SITE, ARE PROVIDED FOR YOUR CONVENIENCE AND REFERENCE, BUT WITHOUT ANY WARRANTY THAT USING THE SITE, OR SUCH TOOLS OR RESOURCES, WILL COMPLY WITH THE LAW. THE LAWS REGARDING MARKETING CAMPAIGNS AND ADVERTISING VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY; IT IS YOUR RESPONSIBILITY TO CONSIDER THE LAWS IN THOSE JURISDICTIONS IN WHICH YOU WILL OPERATE YOUR CAMPAIGN TO ENSURE THAT IT MEETS APPLICABLE LEGAL REQUIREMENTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BRANDSLICE WILL HAVE NO LIABILITY FOR A CAMPAIGN’S FAILURE TO MEET SUCH REQUIREMENTS OR TO COMPLY WITH ANY APPLICABLE LAWS.
Use of Information
Notwithstanding anything to the contrary herein, by using the Service and/or participating in, customizing, and/or sharing with consumers a Promotion, you agree that BrandSlice may share with the respective Brand(s) associated with your account all information and data concerning you and your activity on or in connection with the Service, and that of your consumers, as such information and data pertains to such respective Brand(s) . In addition, BrandSlice may show a Brand its respective performance benchmarked against other Brand(s) using the Service. To the extent that, in connection with the Service, you receive information and/or data from a Brand or concerning the activity of a Brand (collectively, “Brand Data”), you agree that you shall hold such Brand Data in confidence and that you shall not disclose or use on another’s behalf such Brand Data unless expressly permitted in writing by the Brand as to which such Brand Data relates. In addition, you agree that (i) we may use information provided by you that is generally available (such as name, address, etc.) (the “Retailer Provided Data”) for its business purposes, and (ii) other than User Data that does not include Retailer Provided Data, any data or information provided, sourced, input, and/or created by us with respect to any Brand or Retailer may be freely shared and/or used by us, and as between you and us, shall be owned by us.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, Virginia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
We may include your name in our published client lists, but will not issue a press release or any other publicity referring specifically to you without your prior written consent.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING . CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive information regarding the use of the Site, please contact us at:
13153 Applegrove Lane
Herndon, VA 20171