Effective June 26, 2023
1. Modifications of this Agreement
2. Website Access
2.1 You must be at least 18 years old to use the Website. If you use the Services on behalf of another person or entity, you must have the authority to accept the Terms on their behalf.
2.2 Subject to your compliance on a continuing basis with all of the terms and conditions of this Agreement, BRANDEELAND hereby grants you permission to use the Website only as set forth in this Agreement, and provided that: (i) you will not copy or distribute any part of the Website in any medium without BRANDEELAND’s prior written authorization; (ii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you may not decompile, disassemble, translate, reverse engineer any of the software comprising or in any way making up part of the Website, or otherwise attempt to discover the source code or the underlying components of models, algorithms or systems of the Website.
2.3 You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to BRANDEELAND’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Website with respect to their “User Submissions,” as that term is defined below. You agree that your User Submissions both will not involve the transmission of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. BRANDEELAND reserves the right in its sole discretion to block access or discontinue services to offenders, and to investigate and take appropriate legal action against anyone who, in BRANDEELAND’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
2.4 BRANDEELAND reserves the right to discontinue any aspect of the Website at any time.
3. Intellectual Property Rights
The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to BRANDEELAND, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. BRANDEELAND reserves all rights not expressly granted in and to the Website and the Content. You agree not to use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
This Agreement shall remain in full force and effect while you use the Website. You may terminate your use of the Website or your membership at any time by emailing firstname.lastname@example.org. BRANDEELAND may terminate your access to the Website or your membership at any time, for any reason, and without warning. Sections 3, and 6 through 12 shall survive termination of this Agreement for any reason.
5. Carrier Fees
BRANDEELAND may make available a service through which you can receive messages on your wireless device via short message service (“SMS”). You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve any applicable charges. In addition to any fee of which you are notified, your provider’s standard messaging rates apply to our confirmation and all subsequent SMS correspondence. All charges are billed by and payable to your mobile service provider. BRANDEELAND will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator.
6. Product and Service Offerings
Certain products and services featured on the Website are offered by third parties (“Merchants”). When you select a Merchant’s product or service featured on the Website, you are redirected to the Merchant’s website. Any purchase is made directly from such Merchant, not from BRANDEELAND, though BRANDEELAND may earn a commission from the Merchant when you make a purchase through a link on the Website or using a promotional code provided by BRANDEELAND. Product and service descriptions and specifications are subject to change. Product and service descriptions and other information on the Website may be incorrect, incomplete or not current. BRANDEELAND assumes no responsibility for the accuracy of such information.
7. Third-Party Websites
8. WARRANTY DISCLAIMER
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS NOT INTENDED AS MEDICAL, LEGAL OR FINANCIAL ADVICE. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE AND ARE INCORPORATED HEREIN BY THIS REFERENCE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRANDEELAND, ITS SUPPLIERS AND LICENSORS, THE MERCHANTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NEITHER BRANDEELAND NOR ITS SUPPLIERS NOR LICENSORS, NOR ANY MERCHANTS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS AND AGENTS, MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE, OR ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; AND/ OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
BRANDEELAND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING, AND BRANDEELAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF CONTENT, PRODUCTS OR SERVICES. THE WEBSITE IS CONTROLLED AND OFFERED BY BRANDEELAND FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. BRANDEELAND MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
You agree to defend, indemnify and hold harmless BRANDEELAND, its parent corporation, officers, directors, employee, independent contractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys’ fees) arising from: (i) your use of and access to the Website or any Content that you post thereon; (ii) your violation of any term of this Agreement or of your representations and warranties set forth herein; or, (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right.
By using the Website, you represent and warrant that (i) all registration information you submit is accurate and truthful; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older (if you are agreeing to these terms and conditions on behalf of a minor, you certify to BRANDEELAND that you are such minor’s legal guardian); and (iv) your use of the Website does not violate any applicable law or regulation. Your membership may be terminated without warning if BRANDEELAND believes that you are under 18 years of age or that your legal guardian did not authorize your Website membership.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL BRANDEELAND, ITS SUPPLIERS, MERCHANTS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOST PROFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRANDEELAND IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SUBJECT TO THE FOREGOING, BRANDEELAND’S LIABILITY TO YOU FOR ANY REASON, WILL BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BRANDEELAND FOR SERVICES IN CONNECTION WITH THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT BRANDEELAND SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS SOLELY AND ENTIRELY WITH YOU. FURTHER, BRANDEELANDASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. BRANDEELAND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
You may not transfer or assign this Agreement or any rights and licenses granted hereunder without BRANDEELAND’s prior written consent; any purported assignment in violation of the foregoing shall be void and without effect. BRANDEELAND may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder.
13. Dispute Resolution
13.1 Arbitration. If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of laws provisions thereof or to the 1980 U.N. Convention on contracts for the international sale of goods. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles, California, using the English language, by one commercial arbitrator(s) with substantial experience in resolving intellectual property and commercial contract disputes. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Judgment on the award may be entered in any court of competent jurisdiction. In addition, either party may seek, from a court of competent jurisdiction in Los Angeles County, provisional remedies or injunctive relief in support of their respective rights and remedies hereunder without waiving any right to arbitration. Any dispute or portion thereof, or any claim for a particular form of relief (not otherwise precluded by any other provision of this Agreement), that may not be arbitrated pursuant to applicable state or federal law may be heard only in a court of competent jurisdiction in Los Angeles County. The parties waive any claim of inconvenient forum.
13.2 Right to Reject. You may reject Section 13.1 by mailing a signed rejection notice to BRANDEELAND at 22543 Ventura Blvd
, Ste 220, PMB1006
, Woodland Hills, CA 91364 within thirty (30) calendar days after your first use of the Website. Any rejection notice must include your name, address, email address and telephone number. Any rejection of Section 13.1 by you will not affect any other provision of this Agreement.
13.3 CLASS ACTION WAIVER. NEITHER YOU NOR BRANDEELAND WILL HAVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER in connection with this agreement or the website. Further, unless both you and BRANDEELAND agree otherwise in writing, the arbitrator may not join or consolidate claims under this Agreement with claims of any other persons. The arbitrator shall have no authority to conduct any class, private attorney general or other representative proceeding, and shall award declaratory or injunctive relief only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a determination is made in a proceeding that the class action waiver is invalid or unenforceable, only the foregoing sentence will remain in force and the remainder of this Section shall be null and void, provided, that the determination concerning the class action waiver shall be subject to appeal.
If any provision of this Agreement is deemed invalid or unenforceable by an arbitrator or court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and BRANDEELAND’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND BRANDEELAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.