Partnerade™ provides an online platform that connects suppliers who have products to sell (“Suppliers”) with distributors, agents or value-added resellers, (collectively “Distributors”). You understand and agree that Partnerade™ is not a party to any agreements entered into between suppliers and distributors. Partnerade™ has no control over the conduct of suppliers, distributors and other users of the site, application and services, and disclaims all liability in this regard to the maximum extent permitted by law. Under no circumstance shall Parnerade™ be liable to you or anyone else as a result of any damages or losses related to your use of the Services. We do not become involved in disputes between users, or between users and any third party relating to the use of the Services. We do not endorse any content users submit to the Site. When you use the Services, you release Partnerade™ from claims, damages, and demands of every kind.
Creating an Account, Setting Up a Product Profile and Using the Site.
When you set up an account or a product profile on Partnerade™, you are responsible for your account and all the activity on it. You acknowledge that you have the rights and licenses to sell, distribute, market, or rent the product or service which you are listing, promoting or advertising on our Site.
We have the right to decide who is eligible to use Partnerade™ and change our eligibility criteria at any time and with out notice or explanation. We can cancel accounts or decline to offer our Services at any time and for any reason. Partnerade™ is not liable for any damages as a result of any of these actions.
All content on Partnerade’s™ Site is copyrighted and trademarked. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service. You may use this material only for personal informational purposes. If you wish to use the material for any other purposes, you must have the written consent of Partnerade™ to do so.
Partnerade™does not own content you submit to us (“Content”). But when you submit material to Partnerade™, you agree to these terms:
You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to Content you have submitted on our Site. When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You will not submit Content that you do not hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Partnerade™ all the license rights outlined here). Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Partnerade™’s hosting of that Content. You acknowledge that if we use your Content, we are not violating anyone’s rights or copyrights. If Partnerade™ exploits or make use of your submission in the ways contemplated in this agreement, you promise that this will not infringe or violate the rights of any third party, including (without limitation) any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated. Partnerade™ will not be liable for any errors or omissions in any Content.
Limitations on Use of Site, Applications and Services.
You agree that you will not:
- Attempt to interfere with security measures or the proper functioning of this site, its applications, servers or networks.
- Provide any information you know is false, misleading, or inaccurate.
- Forge a profile or an email address relating to this website.
- Use the website for any deceptive, fraudulent or unlawful purpose.
- Take any action that infringes or violates other people’s rights, privacy, or personal information.
- Send or distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, or spam to users on this site.
- Market or sell prohibited products or make any unlawful offers on this Site.
- Damage, harm or attempt to get unauthorized access to the Site, its data or its Services by transmitting any virus, worm, spyware, malware or other computer code, file, or program that is harmful or invasive or that may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Translate, reproduce, duplicate, copy, sell, resell, or otherwise exploit for any purpose, any portion of, use of, or access to the website.
- Remove any copyright, trademark, or other proprietary rights notice from the website or materials originating from the website.
- Frame or mirror any part of the website without our express prior written consent.
- Create a database by systematically downloading and storing website content.
You must defend, indemnify and hold harmless Partnerade™ from any claims, damages, costs and expenses resulting from your failure to comply with terms set out here.
Enforcement of Terms and Conditions.
Partnerade™ is a service offered by Ivy Hill Ventures LLC located in New York. Except as set forth below, you agree that any action at law or in equity arising out of or relating to this Terms or your use or non-use of Partnerade™, Partnerade’s™ Services or with Ivy Hill Ventures LLC will be filed only with the state or federal courts located in Westchester County in the State of New York and will be subject to New York State law. You hereby consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action. You hereby irrevocably waive any right you may have to trial by jury in any dispute, action, or proceeding. You agree that any cause of action arising out of or related to Partnerade™’s services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
If you have a dispute with Partnerade™, you agree that you will notify us by emailing info@Partnerade.com. You and Partnerade™ agree that we will resolve any claim or controversy at law or equity that arises out of or relates to this Agreement. Notwithstanding anything to the contrary, for any claim where the total amount of the award sought is less than $10,000 USD, the party requesting relief may choose to resolve the dispute through binding non-appearance-based arbitration in accordance with the following: (a) the arbitration will be provided through a nationally-recognized alternative dispute resolution provider mutually agreed upon by the parties; (b) the arbitration will be conducted in one or more of the following manners at the option of the party initiating arbitration: telephone, online, or written submissions; (c) the arbitration will not involve any personal appearances by the parties or witnesses unless otherwise agreed by the parties; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. All claims between you and Partnerade™ must be resolved in accordance with this Section 6. All claims filed or brought contrary to this Section shall be considered improperly filed. Should you file a claim contrary to this Section, Partnerade™ may recover attorneys’ fees and costs up to $1,000, provided that Partnerade™ has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim. The remedies in this subsection will not limit any other remedies that either party may have in law or in equity.
We will not collect any fees without giving you a chance to review and accept them. You are responsible for paying any additional fees or taxes associated with your use of Partnerade™. We reserve the right at any time to charge fees for access to portions of Partnerade’s™ Site, Services, or applications.
Partnerade™ may contain links to other websites (for instance to LinkedIn). When you access third-party websites, you do so at your own risk. Our links to third-party websites do not create an endorsement or approval of any content on those websites. Also, Partnerade™ partners with other companies (such as Amazon Payments) for payment processing. When you pay any fees on the Site, you are also agreeing to the payment processor’s terms of service.
Limitation of Liability.
To the fullest extent permitted by law, in no event will Partnerade™, Ivy Hill Ventures LLC, its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use the Services; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services; or (iii) for any conduct of content of any third party on the Site. In no event shall Partnerade™’s liability for direct damages be in excess of (in the aggregate) one hundred U.S. dollars ($100.00).
The services hereunder are offered by Ivy Hill Ventures LLC. Please send inquiries to 25 Glen Ridge Road, STE 6, P.O. Box 31182, Greenwich, CT 06831-9991 or contact: email@example.com.