TERMS OF USE



THIS SITE, LOCATED AT 
WWW.PROMO-MONSTER.COM, IS PROVIDED TO YOU BY PROMOMONSTER INC. 5410 NEWPORT DRIVE, ROLLING MEADOWS, IL 60008. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE LOCATED AT WWW.PROMO-MONSTER.COM. YOUR USE OF THIS SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.


1. PRODUCTS, CONTENT AND SPECIFICATIONS


All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.


2. ACCURACY OF INFORMATION


PromoMonster, Inc. attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or current-ness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm receipt of orders by email, such email confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.


3. USE OF THIS SITE


The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are either the property of PromoMonster Inc. or used by PromoMonster Inc. with permission by the owner, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.


4. TRADEMARKS


Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of PromoMonster Inc. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Site without the written permission of PromoMonster Inc. or such third party owner.


5. THIRD PARTY LINKS


From time to time, this Site may contain links to sites that are not owned, operated or controlled by PromoMonster Inc.. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. PromoMonster Inc. is not responsible for any content, materials or other information located on or accessible from any other site. PromoMonster Inc. does not endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from such sites, or the results that you may obtain from using such sites. If you decide to access any other site linked to or from this Site, you do so entirely at your own risk.


6. USER INFORMATION


Other than personally identifiable information, which is subject to this Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. PromoMonster Inc., and/or its designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. PromoMonster Inc. may, but is not obligated to, monitor or review any User Communications. PromoMonster Inc. shall have no obligations to use, return, review, or respond to any User Communications. PromoMonster Inc. will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. PromoMonster Inc. retains the right to remove any or all User Communications that includes any material PromoMonster Inc. deems inappropriate or unacceptable.


7. DISCLAIMERS


YOUR USE OF THIS SITE IS AT YOUR RISK. THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PROMOMONSTER INC. DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ALL INFORMATION, GRAPHICS OR DATA) PROVIDED ON OR THROUGH THIS SITE. CONTENT PROVIDED TO YOU ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND PROMOMONSTER INC. DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH CONTENT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF PROMOMONSTER INC., THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY ("APPLICABLE WARRANTIES"). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AND EXCLUDING APPLICABLE WARRANTIES, PROMOMONSTER INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROMOMONSTER INC. HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. PROMOMONSTER INC. MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.


8. LIMITATIONS OF LIABILITY


PromoMonster Inc. does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site or your downloading of any materials, from this Site. IN NO EVENT WILL PROMOMONSTER INC. OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS AS SET FORTH IN THE APPLICABLE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.


9. REVISIONS TO THESE TERMS AND CONDITIONS


PromoMonster Inc. may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Site.


10. CHOICE OF LAW; JURISDICTION


These Terms and Conditions supersede any other agreement between you and PromoMonster Inc. to the extent necessary to resolve any inconsistency or ambiguity between them. This Site is administered by PromoMonster Inc. from its offices in Illinois. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Site shall be brought only in the State and Federal courts located in Cook County, State of Illinois. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


11. TERMINATION


You or PromoMonster Inc. may suspend or terminate your account or your use of this Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. PromoMonster Inc. reserves the right to change, suspend, or discontinue all or any aspect of this Site at any time without notice.


12. RISK OF LOSS


All items purchased from 
www.promo-monster.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.