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BRAND GUARDE

TERMS OF SERVICE

This Terms of Use Policy (“Policy” or “Terms of Use”) is made by and between Brand Guarde LLC (hereinafter "Company"), a Louisiana limited liability corporation, with offices at 9029 Jefferson Hwy, Suite D #1231011 New Orleans, LA 70123, and you, the user and client representative (“you”, “your” or “User”).

This Policy contains the complete terms and conditions that govern the use of the Company’s website(s) ("Website" or "Websites" or "Site"). BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR OTHER COMPANY SOFTWARE, SERVICES, WEBSITES, OR CONTENT (COLLECTIVELY THE "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE. COMPANY RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT COMPANY’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

THE MOST CURRENT VERSION OF THIS AGREEMENT SUPERSEDES ALL PREVIOUS VERSIONS. You are hereby put on notice that you are obligated to periodically review this document to make yourself aware of any changes hereto and any continued use of the Site shall constitute your acceptance thereof.

  1. Electronic Communications

    When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By accessing the Services, you consent to have this Policy provided to you in electronic form and that all agreements, disclosures, and other communications that we may provide to you in electronic form satisfy any legal requirements that our communications with you be in writing. You acknowledge that when you provide us with your contact information, including an email address or telephone number (“Contact Information”), sharing this information with us constitutes a “purchase” or “inquiry” that establishes a business relationship between you and us. You expressly agree that we may communicate with you about the Services, using any or all Contact Information you provide to us. You also represent and warrant that you have the legal authority over any telephone number you provide to us. We may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text message (SMS or MMS), or any other means of communication that your telecommunications device may be capable of receiving. You may elect to opt out of receiving marketing emails at any time by following the instructions and link provided in the email. In order to use the free-to-use Services, you must be eighteen years or older. In order to use the pay-to-use Services, you must be 18 years of age or older and have the legal capacity to enter into this Policy. In addition, you must not be barred from receiving services under United States law or the laws of any other jurisdiction. The Services are not for use by anyone under the age of eighteen years. If you are using any pay-to-use Services on behalf of your employer, you represent and warrant that you are authorized by them to accept these Terms, and that you will be using the Services for internal business use only. We reserve the right to suspend, terminate or deny your access to the Services for any (or no) reason, with or without notice and without further obligation.

  2. Access to this Site

    To access this Site, Site resources, links or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete. If Company believes the information you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time.

  3. Applicable Use of Site

    You may use this Site only for purposes expressly permitted by this Policy. As a condition of your use of Company’s Websites, you warrant to Company that you will not use the Websites for any purpose that is unlawful, immoral, or otherwise prohibited by these terms, conditions, and notices.

  4. No Co-Branding or Framing

    You may not use or authorize any party to co-brand or frame any Company Websites without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company.

  5. No Unlawful Access

    You agree that you will not use Company’s Websites in any manner that could in any way disable, overburden, damage, or impair the Websites or otherwise interfere with any other party’s use and enjoyment of the Websites. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Websites.

  6. Use Limitation

    Company’s Websites are for your commercial use only, unless otherwise specified in writing. You may not use any Company Website for any other purpose without the prior express written permission of an authorized representative of the Company in each instance, which permission will be at Company’s sole and absolute discretion. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works of, transfer, sell, or otherwise infringe upon any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to Company’s Websites, in whole or in part. You also may not do any of the following while accessing or using the Site and its Services:

    1. use any robot, spider, site search/retrieval application, or other automated device to download, retrieve, scrape, distribute or index any portion of the Content, or permit any third party to do the same;
    2. gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to any Company servers, through hacking, cracking, and/or distribution of counterfeit software, password mining or any other means;
    3. reproduce, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Services;
    4. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
    5. damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of any of the Services;
    6. falsify or alter any unique identifier assigned to you, or otherwise obscure or alter the source of queries to the Service;
    7. forge any TCP/IP packet header or any part of the header information in any email, or in any way use the Services to send altered, deceptive, or false source-identifying information;
    8. engage in “framing,” “mirroring” or otherwise simulating the appearance or function of the Services;
    9. make the functionality of the Services available to multiple users through any means including, but not limited to, deep-linking to one of our Web sites or uploading one of our apps to a network; or
    10. interfere with, interrupt, destroy or limit the functionality of the Services or any computer software or hardware or telecommunications equipment, including, without limitation, sending viruses, overloading, flooding, spamming, or mail-bombing the Services.

Using the Services: Requirements and Restrictions.

  1. Fair Credit Reporting Act

    Company is not a Consumer Reporting Agency. Company is not a consumer reporting agency for purposes of the Fair Credit Reporting Act, 15 U.S.C. Sec. 1681 et seq. (“FCRA”). None of the information in our databases has been collected, in whole or in part, for the purpose of furnishing “consumer reports,” as defined in the FCRA, and the additional protections afforded to consumers, and obligations placed on credit reporting agencies, are not contemplated by, nor contained within, these Terms.

  2. FCRA Restrictions on Your Use of the Services

    You may not use any information obtained from the Services and Content in connection with determining a prospective candidate’s suitability for:

    1. Health insurance or any other insurance,
    2. Credit and/or loans,
    3. Employment (including but not limited to, household workers such as nannies),
    4. Education, scholarships or fellowships,
    5. Housing or other accommodations,
    6. Benefits, privileges or services provided by any business establishment,
    7. or for any other purpose covered by the FCRA, by the Federal Trade Commission’s interpretations of the FCRA, and/or by similar state statutes.

  3. Marketing and Resale Restrictions

    You may not use, or allow a third party to use, the Services or Content for any marketing purposes, including making telemarketing calls and transmitting unsolicited advertisements via paper mail, fax or email. You may not use, or allow a third party to use, the Services and Content to prepare any database (or compare one database to another) to append, verify or create a new database. Content may not be published, sold, or rented to any third party.

  4. Automated Searching

    We do not allow scraping or automated collection of our Content. If we determine that you are using use automated means (e.g., robot or spider) to retrieve, distribute or index any portion of our Content, or more than one individual is using your Account at any one time, your Account may be turned off or your access otherwise blocked, without notification, for further investigation. If you feel your Account has been turned off or your access to the Services has been blocked in error please contact our Customer Support team.

  5. General Restrictions

    You also agree to adhere to the following:

    1. You will use the Services only for appropriate, legal purposes, and in compliance with all applicable federal, state, and local laws and regulations, including export control laws. Any unauthorized use of the Services or Content is expressly prohibited.
    2. You are responsible for determining which laws apply based on your use of the Content. You will obtain any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation that govern your use of the Services.
    3. You will take reasonable steps to ensure that the information you receive from the pay-to-use Services is stored in a secure manner.
    4. You will not use the Services or information derived from the Services in combination with any purpose, or personal information, covered under the Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act, or the Children’s Online Privacy Protection Act.
    5. You will not use the Services in a manner that may cause emotional or physical harm to anyone, or to stalk, threaten, defame, libel, or otherwise harass another person. You may not use the Services for the furtherance of any criminal activity, including fraud and identity theft, or in the violation of any person’s privacy rights.
    6. You will not use the Services to seek information about or locate any person under the age of 18.
    7. You will not use the Services to obtain personal information pertaining to famous people, government officials, or election candidates.
    8. You will not falsely state, impersonate, or otherwise misrepresent your identity or your affiliation with any person or entity while using the Services.
    9. You will not use the Services to post, publish, or transmit any text, graphics or material that: (i) is false or misleading; (ii) is obscene, pornographic, or offensive; (iii) promotes bigotry, racism, or hatred against any individual or group; (iv) infringes another’s rights, including intellectual property rights; or (iv) violates, or encourages any conduct that would violate, any applicable law or regulation, or would give rise to civil liability.
    10. You will not use the Services to send any commercial email or SMS that does not comply with CAN-SPAM, the Telephone Consumer Protection Act, or any other applicable federal or state law.
    11. You will not use the Services to promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual.

Company has the right to investigate and bring claims for violations of any of the above to the fullest extent of the law. We may, but are not required to, provide notice of such violations beforehand.

  1. Mistaken Identities

    Extreme care must be taken in the use of information because mistaken identification may occur when relying solely upon name, age, and address to identify individuals.

  2. Errors and Omissions

    Because information can change quickly, and there may be gaps in data received, we make no representation, either express or implied, that the information on this site is complete or accurate. Company shall not be held responsible for any errors or omissions in the Content, or produced by secondary dissemination of this information.

  3. Verification of Content

    While we are constantly updating and refining the Services, we do not warrant or guarantee that the results provided will be accurate and up to date and, consequently, Company shall not be responsible or liable for the accuracy, completeness, usefulness, or legality of any Public Information or the availability or unavailability of the Services or Content. Company does not make any representation or warranty as to the character or the integrity of the person, business, or entity that is the subject of any searches. Company also reserves the right to delete any information from its databases at any time. You agree to rely on the Public Information, and any other Content, available through the Services at your own risk.

  4. California Consumer Notice

    Under California Civil Code Section 1789.3, if you are a California resident, you are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  5. Proprietary Information

    All content found on the Company Websites (the "Content") is considered the copyrighted and trademarked intellectual property of Company, or of the party that created and/or licensed the Content to Company. No rights or title to any of the Content contained on any Company Website shall be considered transferred or assigned to the User at any time. Subject to all applicable laws, you agree that you will not copy, distribute, republish, modify, create derivative works of, or otherwise use the Content in any unauthorized way, without the prior written consent of Company in each instance, except as authorized through your contractual agreement with the Company.

  6. Hyperlinking

    This Site may be hyperlinked to and by other websites which are not maintained by, or related to, Company. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with this Site or Company. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Company Website to another web page should be accessed at the User’s own risk. Company makes no representations or warranties about the content, completeness, quality or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost or injury associated with any access thereto via this Site.

  7. Right to Terminate Access

    Company reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion. Company reserves the right to terminate your access to any or all parts of the Website at any time without notice for any reason whatsoever. Company may revoke or terminate the license granted above in its sole discretion, at any time. Without limiting the generality of the foregoing, Company may revoke or terminate the license if you: (i) breach any obligation in this Policy or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Services or Content, or (iii) use the Services or the Content other than as specifically authorized in this Policy, without our prior written permission. These Terms will remain in full force and effect while you use the Services. If you wish to terminate this Policy or your Account, you may simply discontinue using the Services. Company may terminate your access to all or any part of the Services or Content at any time, with or without cause, with or without notice, effective immediately. All provisions of this Policy which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, payment obligations, warranty disclaimers, release of claims, indemnity, and limitations of liability. Nothing in this section shall affect Company’s right to change, limit, or stop the provision of the Services without prior notice as provided herein.

  8. Disclosure Under Law

    Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

  9. Account Security

    In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at www.brandguarde.com/privacy, as well as in conformance with all applicable laws, rules, and regulations. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities, charges and/or liabilities that occur from your Account, whether or not authorized by you. You agree that you will not share your username and password, or transfer, sub-license, sell or assign your rights in your Account to any other person or entity. You may not open multiple Accounts for the same service, and we will close Accounts associated with the same credit or debit card. You must immediately notify Company of any unauthorized use of your Account, login credentials, or any other breach of security of which you become aware by reaching out through the “Talk with Us” button. We will not be liable for any loss or damage arising from your failure to comply with this section. Any fraudulent, abusive, or otherwise illegal activity may be grounds for immediate suspension or termination of your account, at our sole discretion, and we may refer you to appropriate law enforcement agencies. Company has no obligation to retain any data associated with your Account if it is terminated.

  10. Disclaimer & Limitations on Liability

    You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Company Websites will be free of viruses, worms, Trojan horses, or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s), and that you will maintain adequate means of backup of your personal data, external to this Website. Company further disclaims any responsibility to ensure that the Content located on its Websites is necessarily complete and up-to-date. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON ANY COMPANY WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE. ALL CLAIMS MADE BY YOU HEREUNDER MUST BE MADE WITHIN ONE YEAR OF THE ACTION TO WHICH SUCH CLAIM RELATES OR FOREVER BE BARRED.

  11. Indemnity

    YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, AND CONTRACTORS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY BREACH OF THESE TERMS OF USE BY YOU, INCLUDING ANY USE OF CONTENT OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS OF USE. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE, AND YOU AGREE TO INDEMNIFY ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND ATTORNEYS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH. YOU WILL ALSO INDEMNIFY, DEFEND, AND HOLD THE INDEMNIFIED PARTIES HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE.

  12. Intellectual Property

    Trademarks, service marks, logos, trade names, and copyrighted works (hereinafter, "Intellectual Property") appearing on this Site are the property of Company or the party that provided the Intellectual Property to Company. Company and any party that provides Intellectual Property to Company retain all rights with respect to any of their respective Intellectual Property appearing in this Site and do not transfer at any time to user and/or any other third party.

Copyright Agent:
Attn: Copyright Agent,
9029 Jefferson Hwy
Suite D#1231011
New Orleans, LA 70123
Phone: 504-517-4396
E-mail: support@brandguarde.com

Please report any violations of this Policy to the Company support@brandguarde.com If you have any questions regarding this Policy, please contact us at support@brandguarde.com.

  1. Security

    Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.

  2. Disputes

    If there is any dispute about or involving these Terms of Use, the Website and/or any Services, you agree that any dispute shall be governed by the laws of the State of Louisiana, notwithstanding any principles of conflicts of law. You specifically consent to personal and exclusive jurisdiction by and venue in the State and Federal courts of Tangipahoa Parish, Louisiana in connection with any dispute between you and Company arising out of or involving this Policy, the Website and/or any Services.

  3. Miscellaneous

    1. If any part of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
    2. You may not assign any of your rights or obligations under this Policy, and any such attempt will be void. Company may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
    3. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this Policy or use of Company’s Websites.
    4. These Terms of Use constitute the entire agreement among the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to Company’s Websites. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any of its Services. Company may revise these Terms of Use at any time by updating this posting. You should review the Policy from time to time to determine if any changes have been made to the Policy. Your continued use of the Website after any changes have been made to this Policy signifies and confirms your acceptance of any changes or amendments to this Policy.
    5. The failure of Company to exercise or enforce any right or provision of this Policy shall not operate as a waiver of such right or provision. Any waiver of this Policy by Company must be in writing and signed by an authorized representative of the Company.
    6. The section titles in the Policy are for convenience only and have no legal or contractual effect.