These terms of use (“Terms”, “Terms and Conditions”, “Terms of Use”) are a legal agreement between you and Source Marketing Material and its affiliates. Please read these terms before using the website on which they appear, https://sourcemarketingmaterial.com/ or sourcemarketingmaterial.com/ (each collectively the “Service”) operated by Source Marketing Material (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms.
If you disagree with any part of these terms you may not access the Service.
These terms include a waiver of your right to trial by jury and require instead binding arbitration on an individual basis to resolve disputes.
Limitations of Use
By using this Service, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
- Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
- Remove any copyright or other proprietary notations from any materials and software on this website;
- Transfer the materials to another person or “mirror” the materials on any other server;
- Knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Source Marketing Material provides;
- Use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
- Use this website or its associated services in violation of any applicable laws or regulations;
- Use this website in conjunction with sending unauthorized advertising or spam;
- Harvest, collect, or gather user data without the user’s consent; or
- Use this website or its associated Services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Source Marketing Material and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries respectively. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Source Marketing Material.
The intellectual property in the materials contained in this website are owned by or licensed to Source Marketing Material and are protected by applicable copyright and trademark law. We grant users permission to download one copy of the materials for personal, non-commercial transitory use. This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by us at any time.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by Source Marketing Material.
Source Marketing Material has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
Termination
We may terminate or suspend access immediately, without prior notice or liability, for any reason whatsoever, including but without limitation, a breach of the Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless Source Marketing Material and its licensee and licensors, and its employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Source Marketing Material nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
As-Is & As-Available
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Source Marketing Material, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Source Marketing Material ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Source Marketing Material or any person for whom Source Marketing Material is responsible, and even if Source Marketing Material has been advised of the possibility of such loss or damage being incurred.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Disputes
Except as otherwise expressly set forth in these Terms of Use, any dispute, claim or controversy at law or equity relating in any way to these Terms of Use, our Privacy Policy, any products or services provided or distributed by Source Marketing Material, or through this Site and its Services, your use of the Site and Services, and any dispute of any sort that might arise between you and us (each a “Claim”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement and Policy. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
Privacy Policy, Cookie Policy, Disclaimer
Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.
International Users
This website is controlled and offered from within the United States of America. We make no representations that this Service is appropriate or available for use in other locations. Persons who access this Service from other countries do so of their own volition and are responsible for compliance with local law.
Miscellaneous
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Questions
If you have any questions about these Terms, please contact us.