Below you shall find Brandlamp.com’s Terms and Conditions of Service that may include guidelines, policy or content displayed on the Website. These Terms and Conditions of Service are a legally binding contractual agreement between you (“User, “you,” “your”) and BrandLamp LLC d/b/a BrandLamp.com (“BrandLamp.com,” “we,” “us”). By loading, visiting or using the services listed on Brandlamp.com (the “Website”), you absolutely agree to be legally bound by these Terms and Conditions of Service. Brandlamp reserves the right to review and revise these Terms and Conditions of Service and all pertaining information at anytime. All the the revised terms and conditions will take effect the moment they are posted.
DEFINITIONS & OVERVIEW
BrandLamp.com is created and intended to be an online marketplace for marketing services that are part of the marketing ecosystem and allows buyers of professional marketing services (“Employers” or “Marketers”) to search for marketing solutions, enter into and manage business conversations, negotiations and transactions with providers of such professional marketing services (“Providers” or “Marketing Services Providers” and, together with Employers, “Registered Users”). BrandLamp.com has created and allows features that enable Marketing Services Providers and Employers to also do, the below actions:
Marketing Services Providers can create unique profiles, list and showcase business capabilities related to marketing solutions that they provide, submit and list offers or marketing related packages, negotiate with Employers, invoice and receive remuneration and obtain written review from their current or past Employers.
Employers/Marketers can create unique user profiles, perform searches for Marketing Services Providers, communicate through email with Marketing Services Providers of interest, select and negotiate with Marketing Services Providers, purchase Marketing Services Offers (that may be packaged in offers), manage sent and received requests, write public reviews for Marketing Services Providers, and remunerate Marketing Services Providers.
In addition, BrandLamp.com offers Registered Users other services described in, and subject to, these Terms and Conditions of Service (as defined below, the “Services”). BrandLamp.com reserves the right to add, delete or modify some or all of such Services at any time.
Capitalized terms used in the present Terms and Conditions of Service document have the following significations:
“Account” refers to the account created by the BrandLamp.com after or at registration.
The Deposit payment received from Employers shall mean that a percentage portion of a Marketing Services Provider’s total marketing service price or charges for an offer or marketing service package which BrandLamp.com agrees to take and keep in consideration of the Service Charges.
When an Employer decides to pursue or request a packaged service found on Brandlamp.com, the Employer accepts the following: (i) a transfer of monetary funds by Employer to BrandLamp.com that represents a 6% of the package or offer cost, known also as the Deposit Fee (ii) with respect to the Stripe Pay Service, a third party company that Brandlamp uses for payment processing, the Employer and the Marketing Services Provider agree as to the rightful recipient of the funds.
When an Marketing Services Provider decides to pursue a lead identified by Brandlamp.com, the Marketing Services Provider accepts the following: (i) a transfer of monetary funds by the Marketing Services Provider to BrandLamp.com that represents a 3% of the package cost, known also as the Cost of the Lead. (ii) The Marketing Services Provider purchases the leads “As Is”, acknowledges and accepts the risk that the leads purchased from Brandlamp.com do not guarantee a final sale, or agreement with the contact that has generated the lead and that Brandlamp LLC is not liable for leads that do not come to fruition.
“Service Charges” where applicable, refers to the Transaction Fee, Employer Handling Fee, Deposit, Lead Cost and the Marketing Service Provider Transfer Method Fee. Brandlamp reserves the right to activate or deactivate these Services Charges as it sees fit.
“Website” refers to the world wide web site operated by BrandLamp.com at
http://www.brandlamp.com or any replacement URL.
REGISTERING AN ACCOUNT
Eligibility. In order to use the Brandlamp.com, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms and Conditions of Service. By becoming a Registered User, you agree to: (1) abide by the Terms and Conditions of Service and the processes, procedures, and guidelines described throughout Brandlamp.com; (2) be financially responsible while using Brandlamp.com and the purchase or delivery of services; and (3) perform your obligations as specified by any Package Offer that you create, list, sell and accept to deliver, unless such obligations are prohibited by law or by the Terms and Conditions of Service. BrandLamp.com reserves the right, at its discretion, to refuse, suspend, or terminate its Services to anyone.
B. Registration. To be considered a Registered User and to gain access to certain Brandlamp Services you shall register for a BrandLamp Account. You also agree to provide true, accurate and complete information as required during the registration form and all forms you access on Brandlamp.com, also to update this information and secure that it is true, accurate and complete.
C. Profiles and Accounts. As soon as you register on Brandlamp.com as a Registered User, your account with BrandLamp.com is created.
D. Username and Password. While registering, you will be required to create an username, and a password. Once registered, you agree and you are completely responsible to secure and maintain the secrecy of the chosen username, password. You authorize Brandlamp.com to assume that any person using Brandlamp.com with your username and password, is you or is authorized to act for you. If you suspect any unauthorized use of your account let Brandlamp know immediately.
The Employer and The Marketing Services Provider.
1. Job Agreement. The communication, negotiation, requesting, contracting, purchasing and management of a Marketing Service Package happens strictly between an Employer and a Marketing Services Provider without any Brandlamp LLC involvement . After acceptance of the Package Price listed for the package or offer chosen after his/her own search and research, the Employer agrees to Pay for the selected Package or Offer, and the Marketing Services Provider that has listed it and owns it under the respective registered account agrees to perform and deliver the services and other related deliverables as following: (a) the understanding between the Employer and the Marketing Services Provider including the Package Offer, with description and other terms and conditions as communicated between Employer and Marketing Services Provider, (b) these Terms and Conditions of Service, and (c) any other content uploaded on BrandLamp.com. You agree not to enter into any contractual provisions conflicting with these Terms and Conditions of Service. Any provision of an Offer Agreement in conflict with these Terms and Conditions of Service is null. Employer is directly responsible for managing, reviewing, accepting and paying for satisfactory services and deliverables. The Marketing Services Provider is directly responsible for the performance and quality of the marketing services provided in accordance with any Agreement that the Employer and the Marketing Services Provider sign and agree on outside of Brandlam.com.
2. Independence. The Employer and the Marketing Services Provider each understands and agrees that they interact, do business and entertain a relationship as of independent contractors. The Marketing Services Provider shall perform and deliver marketing services as an independent contractor and absolutely nothing in these Terms and Conditions of Service shall be considered as creating a partnership, joint venture, agency, or employer-employee relationship between Marketing Services Provider and Employer or between BrandLamp.com and any Employer or Marketing Services Provider.
B. The Registered Users and BrandLamp.com
1. General. BrandLamp.com does not represent and is not a party to the dealing, negotiating, requesting, contracting and fulfillment of any Job Offer between an Employer and a Marketing Services Provider. BrandLamp.com has absolutely no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, listed, advertised, the truth or accuracy of Packaged listings, the qualifications, background, or skills of Registered Users, the skills of Marketing Services Providers to perform services, the ability of Employers to pay for services, or that an Employer or Marketing Services Provider can or will actually complete an agreement. BrandLamp.com is not responsible for and will not control the manner in which a Marketing Services Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Marketing Services Provider. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Marketing Services Provider. BrandLamp.com will not provide any Marketing Services Provider with any materials or tools to complete any contracted service package. Employers and Marketing Services Providers must alone reach to others for enforcement and performance of all the rights and obligations stipulated in any Agreements and any other terms, conditions, representations, or warranties associated with such agreements.
2. Agency. These Terms & Conditions of Service and any registration for or succeeding use of Brandlamp.com by any user or Registered user will not be interpreted as creating or suggesting any attachment of agency, franchise, partnership or joint venture between you and Brandlamp.com, except and entirely to the extent specifically stated.
3. Taxes. Registered Users are accountable for payment and reporting of any owed taxes. Brandlamp.com is not bind to deduce the applicability of any taxes or to remit, collect or report any such applicable taxes. You agree that you will obey any and all applicable state and federal tax statutes, regulations and common law. In the event Brandlamp.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, Brandlamp.com will consider such action a breach of this section and will suspend your Account until Brandlamp.com received an Internal Revenue Service Release.
A. Services Fees. Brandlamp.com subtracts one or more of the following fees, as applicable, from payments made by Employers to Marketing Services Providers using the Brandlamp.com:
1. Transaction Fee. Brandlamp.com charges all Marketing Services Providers and Employers a Transaction Fee. The fee is percentage based each time a payment is made and is subtracted from the total amount paid by an Employer for a Packaged Offer or by a Marketing Service Provider for a Lead provided by BrandLamp.com.
2. Deposit Fee. Brandlamp.com charges all Marketing Services Providers a Deposit Fee. The Deposit is 6% of the total offer cost and is subtracted from the total amount to be paid by an Employer for a Packaged Offer. The Marketing Service Provider herby agrees to charge the Employer the published price for listed Packaged Marketing Services less the before mentioned deposit fee that the Employer has already paid to Brandlamp.com.
3. Lead Fee. Brandlamp.com charges all Marketing Services Providers that are looking to purchase business leads a Lead fee. The Lead Fee is 3% of the total amount from a Packaged Offer that Brandlamp.com has a lead on.
4. Dispute Resolution Service Fee. For use of Dispute Resolution Services, irrespective of the nature of resolution and any resulting disbursements, Brandlamp.com charges a Dispute Resolution Service Fee, equal to the greater of twenty-five dollars ($25.00) and five percent (5%) of the total amount paid by an Employer to Brandlamp.com for the applicable package to which such payment relates.
B. Brandlamp.com maintains the right to create, introduce and change the above fees, or any other fee that may be charged by Brandlamp.com at any time, at the discretion of Brandlamp.com and with reasonable notice posted in advance on the Brandlamp.com. No fees that are already paid will be refunded.
BRANDLAMP BILLING SERVICES
Credit Card and other Payment Methods. You hereby authorize Brandlamp.com to save your credit card or other Payment Method details as a method of payment for Services, and to charge your credit card (or any other Payment Method authorized by Brandlamp.com or mutually agreed to between you and Brandlamp.com).
By delivering Payment Method details through Brandlamp.com, you represent, warrant, and commit that: (a) you are legally authorized to supply such details to us; (b) you are legally authorized to perform payments using the Payment Method(s); and (c) such action does not infringe the terms and conditions applicable to your use of such Payment Method(s) or applicable law. When you authorize a payment using a Payment Method via Brandlamp.com, you represent, warrant, and commit that there are sufficient monetary funds or credit limit available to complete the payment using the designated Payment Method.
To the extent any sum owed under this Agreement cannot be collected from your Payment Method(s), you alone are responsible for paying these amounts by other means. To the extent permitted by applicable law, Brandlamp.com reserves the right to seek reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or use of Brandlamp.com, (ii) discover erroneous or duplicate transactions, or (iii) receive any chargeback from the credit card company, bank, or other Payment Method provided by you or otherwise in connection with your Brandlamp Account. You agree that Brandlamp.com has the right to pursue such reimbursement by charging any Accounts you hold with it, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card or other Payment Method, or obtaining reimbursement from you by any other lawful means. If Brandlamp.com is unable to obtain payment for chargebacks for which you received Services pursuant to these Terms & Conditions of Service, it may, in addition to any other methods available under applicable law, suspend or revoke your access to BrandLamp.com and close your Account.
B. Legal Relationship.
1. Brandlamp.com does not represent you as your agent in regards to any funds that have been transferred to Brandlamp.com for any Assumed Payment Liabilities.
2. Each Marketing Services Provider must properly discharge and credit Employers for all monetary payments that Brandlamp.com processes to such Marketing Services Provider in respect of services delivered to the Employers.
Brandlamp.com does not have any control over the services invoiced or paid for by Employers. Additionally, Brandlamp.com does not control whether an Employer or Marketing Services Provider will actually complete the undisclosed transaction. Brandlamp.com is not responsible in any way for the timeliness or accuracy of the invoices or the timeliness, accuracy, completion or quality of any work product delivered by a Marketing Services Provider as a result of an Package Offer agreement existent between an Employer and a Marketing Services Provider. Absolutely nothing in these Terms and Conditions of Service will be considered to establish Marketing Services Provider as your agent in regards to any service purchased and sold by Registered Users through Brandlamp.com, or expand or modify any warranty, liability or indemnity stated in these Terms and Conditions of Service.
3. By using the Brandlamp.com, you clearly acknowledge that (a) Brandlamp.com is not operating as a trustee or a fiduciary of Employers or Marketing Services Provider; (b) Brandlamp.com is not a “financial institution” as defined under the Bank Secrecy Act (BSA); (c) BRANDLAMP.COM IS NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH BRANDLAMP.COM ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
C. Miscellaneous Payment Terms.
1. Authorized Payments to BrandLamp LLC are Final. Your use of the Brandlamp.com establishes your agreement to pay for any amounts which you authorize Brandlamp.com to retain from your requesting, booking marketing services or obtaining sales leads and, as appropriate, charge to your credit card or bank account. Once authorized, these payments are final. When an Employer’s Acceptance of Services has occurred, (i) Brandlamp.com shall have no further liability to anyone regarding Payment for provided services, (ii) Employer acknowledges that Brandlamp.com has provided a complete service in respect of the payment made by Employer for the Assumed Payment Liability or Invoice, as applicable and (iii) Employer hereby releases Brandlamp.com from any and all liability with respect to such Payment.
Employer hereby releases Brandlamp.com from any and all liability with respect to such Payment.
2. Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. Brandlamp.com reserves the right to demand reimbursement from you, and you will reimburse Brandlamp.com, if Brandlamp.com identifies a fraudulent activity, erroneous or duplicate transaction, or if Brandlamp.com receives a charge back or reversal from any Employer’s credit card company or bank for any reason. You agree to and understand Brandlamp.com’s right to further investigate any and all transactions for fraud. Further, you agree to collaborate and provide additional details with any reasonable demands made by Brandlamp.com in an activity of fraud investigation. You also agree that Brandlamp.com has the right to obtain such compensations by charging your Account, deducting funds from future transfers, charging your credit card or any bank account linked with your Account, or obtaining compensation from you by any other lawful means, including using a third party collection agency. Failure to pay for compensations of a charge back or a reversal of payment is cause for termination of your Account.
3. Currency. The Brandlamp Billing and Payment Services transactions in US Dollars meaning Brandlamp.com is not accountable for currency fluctuations that may happen when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Brandlamp.com accountable for currency fluctuations that may happen when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your bank account or credit card account.
4. Exclusivity and Non-Circumvention. Employers concur to use Brandlamp.com to make all deposits for marketing services requests and bookings to Marketing Services Providers, whether first-time, repeat, or follow-on. You also agree not to directly or indirectly avoid the Brandlamp’s any related fees.
5. Agreement to Pay. If Brandlamp.com does not collect reimbursement for any deposits that you have allowed to be paid through your use of the Brandlamp Services Request, you agree to pay such sum immediately as requested by Brandlamp.com. You also agree to cover additional costs raised by any interest charges, attorneys’ fees and other costs of collection encountered by Brandlamp.com in collecting from you the authorized but unpaid sum. Brandlamp.com may also send reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
TERM; TERMINATION AND SUSPENSION
A. These Terms and Conditions of Service are in effect as your contractual agreement once you use Brandlamp.com, and will remain in effect as long as your account is valid or until your Account is terminated by you or Brandlamp.com.
B. Either party may terminate the agreement constituted by these Terms and Conditions of Service any time through a written notice to the other party. Through such notice your Account is immediately terminated.
C. Any termination of an Account will lead to the termination of all related profiles and listed packages.
D. Without limiting its other rights, Brandlamp may issue an advisory, or temporarily suspend, indefinitely suspend or terminate your Account or an existing ongoing agreement, and decline to support any or all services to you if: (1) you infringe any of these Terms and Conditions of Service or the linked policies and information included herein by reference, including Brandlamp’s written policies and procedures posted; (2) Brandlamp.com is unable to confirm or authenticate any information you provide; or (3) Brandlamp.com believes that your actions may create legal liability for you, our Registered Users or for Brandlamp.com or are against the interests of Brandlamp. Once indefinitely suspended or terminated, you agree to stop using Brandlamp.com under the same Account, a different Account, or register under a new Account.
E. In addition, infringements of these Terms and Conditions of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
F. Without limiting its other rights, to the extent you conduct actions or activities which bypass the Brandlamp Services Request or otherwise reduce fees owed Brandlamp.com under these Terms and Conditions of Service, you must pay Brandlamp.com for all fees owed to Brandlamp.com and reimburse Brandlamp.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
G. When your Account is terminated for any reason, you will no longer have access to data, messages, files and other material you keep on the Website. These may be deleted.
PRIVACY AND CONFIDENTIALITY.
Content on Brandlamp.com. Your use of Brandlamp.com and the services it provides is governed by the terms of these Terms and Conditions of Service.
B. Registered User Content.
1. As a Registered User you are responsible for information posted on Brandlamp.com, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public sections on Brandlamp.com, through any email feature or through Brandlamp.com’s Review feature (collectively, “”>Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work created for another Registered User including Companies (“Personal Content”). You maintain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You agree to assign to Brandlamp.com your rights in any Non-Multimedia Content. You grant Brandlamp.com a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing Brandlamp.com products and services and you grant Brandlamp.com a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
3. Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
4. Brandlamp does not endorse any information posted by Registered Users and is not liable for any information posted on Brandlamp.com, including and not limited to any information about you. Brandlamp reserves the right to take any action, with respect to the information listed on Brandlamp.com which might be inappropriate, including but not limited to termination of your Account. However, Brandlamp cannot and doesn't control the information provided by you or other Registered Users or other content providers which is made available through the Brandlamp marketplace.
REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
A. Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
1. not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms and Conditions of Service.
2. to be fully responsible and liable for any activities of any user who uses your Account.
3. not to use your Account, username, or password of another Registered User that you are not expressly authorized to use.
4. not to allow any third party who is not authorized to do so to use your Account at any time.
5. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through Brandlamp.com.
6. not to intercept or seize any system, data or personal information from Brandlamp.com.
7. not to take any action that imposes an unreasonable or disproportionately large load on the Brandlamp.com infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
8. that it has the right and authority to enter into the Terms and Conditions of Service and to conduct business as specified by the terms of this document.
9. that they are using Brandlamp.com only for the purpose of entering into a bona fide business transaction with other Registered Users.
10. that they will not use Brandlamp or its services to defraud or mislead any person or entity, including without limitation Brandlamp.com or any Register User.
11. that they will not use Brandlamp.com to infringe any law or regulation of the United States of America or any international law or treaty.
12. that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America.
13. that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
14. that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
B. Warranty Disclaimer. THE SERVICES PROVIDED BY BRANDLAMP.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS
ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
C. Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $10 OR (B) THE TOTAL AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
D. General Release. If you have a dispute with another Registered User, you release Brandlamp.com (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
E. State Specific Release. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
F. Indemnity. You agree to defend, hold harmless and indemnify Brandlamp.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by Brandlamp.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Brandlamp.com: (1) in connection with your use of the Services including any payment obligations incurred through use of the Brandlamp Services Request; or (2) resulting from: (a) your use of Brandlamp.com (b) your decision to supply credit information via Brandlamp.com , including personal financial information; (c) your decision to submit postings or service packages and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through Brandlamp.com ; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Marketing Service Provider; (i) your dispute of or failure to pay any other Payment; or (j) your obligations to a Marketing Service Provider. Brandlamp.com reserves the right to report any wrongdoing of which it becomes aware to the applicable government agencies or otherwise.
G. Links. Brandlamp.com may contain links to third-party web sites not under the control or operation of Brandlamp.com. When Brandlamp provides links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
H. Data. You are responsible for creation, storage, and backup of your business records. These Terms and Conditions of Service and any registration for or subsequent use of Brandlamp will not be interpreted as creating any responsibility on Brandlamp.com’s part to store, backup, retain, or grant access to any information or data for any period.
MISCELLANEOUS TERMS AND CONDITIONS
A. Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of Brandlamp.com may not be legal for or by certain persons or in certain countries.
B. Modification and Waiver. Brandlamp.com will not be considered to have modified or waived any of its rights or remedies under these Terms and Conditions of Service unless the modification or waiver is in writing and signed by an authorized representative of Brandlamp.com. No delay or omission by Brandlamp.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
C. Severability. If any part of these Terms and Conditions of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
D. Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms and Conditions of Service to anyone without the express written permission of Brandlamp.com, and any attempt to do so will be null and void. Brandlamp.com may assign these Terms and Conditions of Service in its sole discretion.
F. Force Majeure. Except for the payment of fees to Brandlamp.com, neither of the parties to these Terms and Conditions of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.