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1. ACCEPTANCE OF TERMS
EarthLogo, Inc. provides its service to you, subject to the following Terms of Use ("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at: http://www.earthlogo.com/about/termsofuse.asp. In addition, when using particular EarthLogo services, you and EarthLogo shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU.


2. DESCRIPTION OF SERVICE
EarthLogo currently provides users with a robust set of tools and resources for visualizing and ordering promotional products, managing corporate promotion programs, and tracking promotional budgets and upcoming events. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for EarthLogo to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new EarthLogo properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that EarthLogo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.


3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or EarthLogo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EarthLogo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).


4. EARTHLOGO PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.earthlogo.com/about/privacypolicy.asp.


5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will specify a password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify EarthLogo of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. EarthLogo cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.


6. INDEMNIFICATION.
You agree to indemnify and hold EarthLogo and its agents, affiliates, partners, officers, employees, and representatives harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against you that result from the acts or omissions of EarthLogo and its agents, affiliates, partners, officers, employees, and representatives.


7. NO RESALE OF SERVICE
Except as expressly authorized by EarthLogo you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.


8. MODIFICATIONS TO SERVICE
EarthLogo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that EarthLogo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


9. TERMINATION
You agree that EarthLogo, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if EarthLogo believes that you have violated or acted inconsistently with the letter or spirit of the TOU. EarthLogo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that EarthLogo may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that EarthLogo shall not be liable to you or any third-party for any termination of your access to the Service.


10. GOVERNING LAW.
This Contract shall be construed in accordance with the laws of the State of Wisconsin. You and EarthLogo agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Waukesha, Wisconsin.


11. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.


12. EARTHLOGO'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by EarthLogo or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.


13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EARTHLOGO 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.
b. EARTHLOGO 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, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE 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 ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EARTHLOGO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.


14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EARTHLOGO 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 EARTHLOGO 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 GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED 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.


15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.


16. GENERAL INFORMATION
The TOU constitute the entire agreement between you and EarthLogo and govern your use of the Service, superceding any prior agreements between you and EarthLogo. The failure of EarthLogo to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.


The section titles in the TOU are for convenience only and have no legal or contractual effect.


17. VIOLATIONS
Please report any violations of the TOU to EarthLogo.



     
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Terms of Use