We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the LOGO emPowered service indicates your acceptance of the amended User Agreement.
LOGO emPowered Technology is an online service offered by promotional product professionals to their customers to visualize and create decorated or LOGO merchandise more accurately prior to purchase. The LOGO emPowered software provides tools for the website Host to communicate and process your orders more efficiently and accurately by displaying artwork in the designated location on the merchandise.
Your use of the LOGO emPowered Service is governed by this User Agreement. J.J. Jinkleheimer & Co. may refuse service without prior notice to any user for any or no reason.
You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify J.J. Jinkleheimer & Co. of any unauthorized use of your password or account or any other breach of security. J.J. Jinkleheimer & Co. cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree that J.J. Jinkleheimer & Co. may, with or without cause, immediately terminate your account and access to the LOGO emPowered Service without prior notice. Without limiting the foregoing, the following will lead to a termination by J.J. Jinkleheimer & Co. of a user’s use of the LOGO emPowered Service (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your The Logo Network account includes (a) removal of access to all offerings within the LOGO emPowered Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the LOGO emPowered Service. Further, you agree that all terminations shall be made in J.J. Jinkleheimer & Co.’s sole discretion and that J.J. Jinkleheimer & Co. shall not be liable to you or any third-party for any termination of your account or access to the LOGO emPowered Service.
You understand and agree not to use J.J. Jinkleheimer & Co. to:
Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
Use the LOGO emPowered Service for any illegal purpose, including but not limited to conspiring to violate laws.
Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or affiliations with a person or entity, past or present.
Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
Collect or store personal data about other users, including but not limited to information about another user’s work experience, skills, or reputation information.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Stalk or harass anyone.
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the LOGO emPowered Service.
Interfere with or disrupt the LOGO emPowered Service or servers or networks connected to the LOGO emPowered Service, or disobey any requirements, procedures, policies or regulations of networks connected to the LOGO emPowered Service.
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Information Provided on this Website
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the J.J. Jinkleheimer & Co. website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the LOGO emPowered Service, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the LOGO emPowered Service that may expose you to something that you are uncomfortable with. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
By utilizing the J.J. Jinkleheimer & Co. website you are hereby accepting this User Agreement, you agree to indemnify and otherwise hold harmless J.J. Jinkleheimer & Co. and J.J. Jinkleheimer & Co. (provider of the LOGO emPowered Technology), its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the LOGO emPowered Service; ii) unauthorized access to or alteration of your communications with or through the LOGO emPowered Service, or iii) any other matter relating to the LOGO emPowered Service. Any business transactions which may arise between users from their use of J.J. Jinkleheimer & Co. are the sole responsibility of the users involved.
You understand and agree that J.J. Jinkleheimer & Co. may disclose information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of J.J. Jinkleheimer & Co., its users, and the public.
Disclaimer of Warranties
YOU UNDERSTAND AND AGREE THAT THE LOGO EMPOWERED SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT J.J. Jinkleheimer & Co. DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. TLN ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. J.J. Jinkleheimer & Co. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
J.J. Jinkleheimer & Co. MAKES NO WARRANTY THAT (i) THE LOGO EMPOWERED SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE LOGO EMPOWERED SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE LOGO EMPOWERED SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE LOGO EMPOWERED SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE LOGO EMPOWERED SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM J.J. Jinkleheimer & Co. OR THROUGH OR FROM THE LOGO EMPOWERED SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The User Agreement constitutes the entire agreement between you and J.J. Jinkleheimer & Co. and governs your use of the LOGO emPowered Service, superceding any prior agreements between you and J.J. Jinkleheimer & Co..
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT J.J. Jinkleheimer & Co. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF J.J. Jinkleheimer & Co. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL J.J. Jinkleheimer & Co.’S TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
The User Agreement between you and J.J. Jinkleheimer & Co. will be governed by and construed in accordance with the laws of the State of MI without regard to conflict of laws principles.
J.J. Jinkleheimer & Co., the J.J. Jinkleheimer & Co. logo are trademarks of J.J. Jinkleheimer & Co.. The LOGO emPowered Technology logo and names are trademarks of J.J. Jinkleheimer & Co. and Premium Incentives, Inc. You agree not to display or use these trademarks in any manner without J.J. Jinkleheimer & Co.’s and/or J.J. Jinkleheimer & Co.’s prior written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to:
J.J. Jinkleheimer & Co.
2705 E. Grand River
Howell, MI 48843