TERMS OF USE
MAINSTREETPROOS.COM (THE “SITE”) PROVIDES ITS CUSTOMERS/SHOPPERS/USERS (“YOU”) WITH ACCESS TO OUR ONLINE SHOPPING WEBSITE TO FACILITATE ONLINE SALES OF PROMOTIONAL PRODUCTS (THE “SERVICES”).
THE USE OF THE SERVICES IS SUBJECT TO THESE TERMS OF USE (THESE “TERMS” OR THIS “AGREEMENT”). THESE TERMS APPLY TO USERS, SHOPPERS, FUNDRAISERS, AGENTS, SUPPLIERS, MANUFACTURERS AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND MAIN STREET PROMOS. BY ACCESSING OR USING THE SITE OR ANY OF THE SERVICES PROVIDED THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE OR THE SERVICES. MAIN STREET PROMOS MAY MODIFY THESE TERMS AT ANY TIME, AND SUCH MODIFICATION SHALL BE EFFECTIVE AND BINDING UPON YOU IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED TERMS ON THE SITE OR NOTIFYING YOU, AT MAIN STREET PROMOS’ OPTION.
YOU AGREE TO REVIEW THESE TERMS PERIODICALLY TO ENSURE THAT YOU ARE AWARE OF ANY MODIFICATION TO THEM. YOUR CONTINUED ACCESS OR USE OF THE SITE OR THE SERVICES IS DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THESE TERMS AS MODIFIED.
IF ANY MODIFICATION TO THESE TERMS IS UNACCEPTABLE TO YOU, THEN YOU MAY TERMINATE YOUR AGREEMENT TO BE BOUND BY THESE TERMS BY GIVING NOTICE OF TERMINATION VIA E-MAIL TO INBOX@MAINSTREETPROMOS.COM IN ACCORDANCE WITH SECTION 12 BELOW.
1. Registration
To SEARCH on the site, you may do so without any registration or account creation. To use the Site and/or the Services, you must complete the on-line user registration form we provide for customers, By submitting the registration form, you represent, warrant and covenant to Main Street Promos that (a) you are at least 18 years old; (b) you are an authorized representative of the organization or entity that you purport to represent; (c) the information you provide during the registration process is true, accurate, current and complete in all respects; (d) you will maintain and update your information to keep it true, accurate, current and complete in all respects; and (e) you agree to comply with these Terms. Main Street Promos may suspend or terminate your access to the Site and the Services if it determines, in its sole discretion, that you have not used, or are not currently using, the Site or the Services in an appropriate manner or otherwise strictly in accordance with these Terms or if your continued use of the Site or the Services may cause damage to Main Street Promos. You are solely responsible at all times for maintaining the confidentiality of your user name and password. You agree to not permit any third party to use your user name and password to access the Site or the Services. If you believe that there has been or may be a breach of security through your account, you agree to immediately notify Main Street Promos at security@mainstreetpromos.com and you agree to immediately change your password. You are solely liable for any unauthorized use of the Site or the Services through your user name and password.
2. Limited License
Subject to the terms and conditions of these Terms, Main Street Promos hereby grants to you a limited, non-exclusive, non-transferable license to access and use the Site and the Services solely in a manner consistent with these Terms. You agree to not redistribute, sell, sublicense, decompile, copy, reverse engineer or disassemble the Site or the Services or otherwise reduce the Site or the Services to any other form whatsoever. YOU MAY NOT USE WEB PAGES OR PARTS OF WEB PAGES GENERATED BY MEANS OF YOUR USE OF THE SITE OR THE SERVICES ON ANY SERVER OTHER THAN THE SERVERS CONTROLLED BY MAIN STREET PROMOS. ALL DATA GENERATED IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES SHALL BE READABLE, EDITABLE, AND USEABLE ONLY BY MEANS OF MAIN STREET PROMOS WEBSITE PROVIDER’S PROPRIETARY SOFTWARE. MAIN STREET PROMOS DOES NOT WARRANT OR GUARANTY THAT ANY DATA GENERATED AND STORED THROUGH USE OF THE SITE OR THE SERVICES SHALL BE AVAILABLE TO YOU FOR DOWNLOADING OR COMPATIBLE WITH ANY OTHER COMPUTER PROGRAM, SYSTEM OR PACKAGE. You also acknowledge and agree that the Site and the Services are intended for access and use by means of standard web browsing software, and that Main Street Promos does not commit to support any particular browsing platform. Main Street Promos reserves the right at any time to revise and modify the Site and the Services, release subsequent versions thereof and to alter features, specifications, capabilities, functions, and other characteristics of the Site and the Services, without notice to you. If any revision or modification to the Site or the Services materially changes your ability to conduct business or otherwise access or use the Site or the Services, your sole remedy is to terminate this Agreement pursuant to Section 12 below.
3. General User Obligations
You agree to: (a) maintain all equipment and Internet access services required for your access to and use of the Site and the Services; (b) maintain the security and confidentiality of your user name, password and all other confidential information relating to your Main Street Promos account; (c) be responsible for all fees and charges, if any, resulting from the use of your Main Street Promos account, including any unauthorized use prior to your notifying Main Street Promos and changing your password as set forth in Section 1 above; (d) comply with all applicable laws, statutes, ordinances, rules and regulations when using the Site or the Services, including, without limitation, compliance with all applicable Federal, state, and local sales and use tax laws and all applicable privacy laws; and (e) not make any representation or warranty to any third party on behalf of Main Street Promos. You further agree not to engage in any activity that: (a) constitutes or encourages a violation of any applicable law or regulation, including the sale of illegal goods or the violation of export control or obscenity laws; (b) defames, impersonates or invades the privacy of any third party; (c) infringes the rights of any third party, including the intellectual property, business, contractual or fiduciary rights of others; (d) is in any way connected with the transmission of “junk mail” “spam”, or the unsolicited mass distribution of e-mail, or with any unethical marketing practices; (e) involves the display, sale, distribution or creation of any pornographic, obscene or otherwise offensive goods, services, material or ideas, or promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or (f) attempts to gain unauthorized access to any server or other equipment or information controlled by Main Street Promos.
4. Our marketplace
The Site and the Services constitute an on-line marketplace for registered users to use to conduct legal transactions. Main Street Promos does not pre-screen content posted on the Site nor does it endorse or otherwise promote any user or product. You acknowledge and agree that Main Street Promos is not a party to manufacturing any product or other transaction through the Site or using the Services, and that Main Street Promos is not responsible for, nor shall it have any liability to you or any other person or entity in connection with, any offering of products or services or other transaction. To the fullest extent permitted by law, you hereby release Main Street Promos from any and all such liability.
5. Privacy Policy
Main Street Promos considers your privacy to be of the utmost importance. You hereby agree to the terms set forth in Main Street Promos’s Privacy Policy, which policy contains a detailed description of the information gathering and dissemination practices for the Site and can be found at https://www.mainstreetpromos.com/p/privacy
6. Ownership
Main Street Promos retains sole ownership of all rights, title and interest in and to the Site and the Services by license of this website. You acknowledge and agree that all content available on the Site or through the Services, including text, software, music, sound, logos, trademarks, service marks, photographs, graphics, or video, is protected by copyright, trademark, patent or other proprietary rights and laws, and may not be used by you in any manner other than as specifically set forth in these Terms. You agree to not change or delete any proprietary notices from content or other materials downloaded from the Site or through the Services.
7. Disclaimer; Limitation ON Liability
MAIN STREET PROMOS SHALL NOT BE RESPONSIBLE FOR ANY CLAIM ARISING FROM OR CONNECTED WITH ANY INACCURATE, INCOMPLETE INFORMATION OR ERRORS IN THE DELIVERY OF AND/OR THE FAILURE OF DELIVERY OF THE SERVICES PROVIDED TO YOU. THE AVAILABILITY OF THE SITE AND THE SERVICES DEPENDS ON MANY FACTORS, INCLUDING YOUR CONNECTION SPEED TO THE INTERNET, THE AVAILABILITY OF THE INTERNET, AND THE INTERNET BACKBONE AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. ALTHOUGH MAIN STREET PROMOS WILL ATTEMPT TO MAINTAIN THE AVAILABILITY OF THE SITE AND THE SERVICES AT ALL TIMES (OTHER THAN DURING SCHEDULED OR EMERGENCY MAINTENANCE), THE SITE AND THE SERVICES ARE HEREBY EXPRESSLY PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. NEITHER THESE TERMS NOR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE. ANY SECURITY MECHANISMS INCORPORATED IN THE SITE AND THE SERVICES HAVE INHERENT LIMITATIONS AND YOU MUST DETERMINE THAT THE SITE AND THE SOFTWARE ADEQUATELY MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL AND/OR DATA OR OTHER USE OF THE SITE OR THE SERVICES. MAIN STREET PROMOS AND ITS MEMBERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF MAIN STREET PROMOS IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE SITE OR THE SERVICES. MAIN STREET PROMOS’ LIABILITY TO YOU SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATE PAYMENTS ACTUALLY MADE BY YOU TO MAIN STREET PROMOS OVER THE PREVIOUS SIX CALENDAR MONTHS, WHICH YOU AGREE TO BE A REASONABLE LIMITATION AND A BASIS OF THE BARGAIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIABILITIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Indemnification
You agree to indemnify, defend and hold harmless Main Street Promos, and its members, subsidiaries, affiliates, officers, directors, managers, employees and agents from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from your violation of these Terms or any activity arising out of or related to: (a) your conduct or the conduct of any of your representatives or agents; (b) access to or use of the Site or the Services by you or any other person accessing the Site and/or the Services through your account; (c) your sale, purchase, delivery or use of any goods or services offered on the Site or through the Services; or (d) your infringement or alleged infringement or other violation or alleged violation of any third party’s intellectual property rights, including any trademarks, service marks, trade names, copyrights or patent rights. Main Street Promos reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder; provided that any such assumption shall not excuse your indemnity obligations to Main Street Promos hereunder.
9. Publicity
You agree that any and all press releases and other public announcements related to these Terms or your use of the Site or the Services, including the method and timing of such releases or announcements, must be approved in advance by Main Street Promos in writing. Main Street Promos reserves the right to withhold approval of any release or public announcement in its sole discretion. Any breach of your obligation regarding public announcements shall be a material breach of these Terms.
10. Copyright and Trademark Claims
Main Street Promos respects the intellectual property rights of third parties and expects you (or the entity you represent) as a user of the Site and/or Services to do the same. This Section 10 sets forth our policy for addressing copyright and trademark infringement claims arising from the use of the Site or the Services. When a reference to “trademarks” appears in this Section 10, that reference means trademarks, service marks, trade names, logos, or other similar designations that identify a person or a business, as the context requires.
To notify Main Street Promos that there has been a copyright or trademark violation, please follow the instructions in Part A below for a copyright infringement claim or Part B below for a trademark infringement claim. If you are responding to a claim that you have infringed a copyright or trademark, please follow our Counter Notification Procedure in Part C of this Section 10 below.
a) Copyright Claims
If you have a claim for infringement of a copyright for material for which you hold the bona fide copyright and that claim arises from the use of the Site or the Services by a third party, you must first provide us a valid notice of your claim if you would like us to act upon your copyright infringement claim. For the notice to be valid for purposes of these Terms, it must be in writing. It must also contain the information required below in this Part A and any other relevant information that you wish to provide, and it must be provided to our Copyright/Trademark Agent by any of the ways described in the notice section of this policy, which appears in Part F below. The words "Copyright Claim" should appear in the subject line to distinguish your copyright infringement claim from a trademark infringement claim.
You agree that any notice of a copyright infringement claim you provide to us that does not comply with the above listed requirements is not a valid notice of a copyright infringement claim for purposes of these Terms.
Upon our receipt from you of a notice of a copyright infringement claim that we determine to be valid, we will remove or disable access to the allegedly infringing material within a reasonable time and will then take reasonable steps to notify the alleged infringer that we have removed or disabled access to the allegedly infringing material. That removal may be temporary. (See Counter Notification Procedure; Part C of this Section 10 below).
Please note that the information you provide in a notice, including your name, telephone number, mailing address, and or email address, may be forwarded to the person who provided the allegedly infringing material to us and that we may publish your contact information in place of disabled content.
If we act upon a notice of a copyright infringement claim that you submit to us, you may be responsible for initiating actions that may expose you or us to legal liability. Do not submit false claims. If you are unsure whether materials on the Site or that are part of the Services infringe upon your copyright, you should consult a lawyer before proceeding with any notice to us.
b) Trademark Claims
If you have a claim for infringement of a trademark for which you hold a valid trademark registered with the United States Patent and Trademark Office or for which you own United States common law rights that are national in scope and that claim arises from the use of the Site or the Services by a third party, you must first provide us a valid notice of your claim if you would like us to act upon your trademark infringement claim. For the notice to be valid for purposes of these Terms, it must be in writing. It must also contain the information required below and any other relevant information that you wish to provide, and it must be provided to our Trademark Agent by any of the ways described in the notice section of this policy, which appears in Part F below. The words "Trademark Claim" should appear in the subject line to distinguish your trademark infringement claim from a copyright infringement claim.
You agree that any notice of a trademark infringement claim you provide to us that does not comply with the above listed requirements is not a valid notice of a trademark infringement claim for purposes of these Terms.
Upon our receipt from you of a notice of a trademark infringement claim that we determine to be valid, we will remove or disable access to the allegedly infringing material within a reasonable time and will then take reasonable steps to notify the alleged infringer that we have removed or disabled access to the allegedly infringing material. That removal may be temporary. (See Counter Notification Procedure; Part C of this Section 10 below).
Please note that the information you provide in a notice, including your name, telephone number, mailing address, and or email address, may be forwarded to the person who provided the allegedly infringing material to us and that we may publish your contact information in place of disabled content.
If we act upon a notice of a trademark infringement claim that you submit to us, you may be responsible for initiating actions that may expose you or us to legal liability. Do not submit false claims. If you are unsure whether materials on the Site or that are part of the Services infringe upon your trademark rights, you should consult a lawyer before proceeding with any notice to us.
c) Counter Notification Procedure
If you have received a notice of copyright or trademark infringement from us, you may provide Counter Notification to us by emailing our Copyright/Trademark Agent as further described in Part F below, and by including the following with such email:
You agree that any Counter Notification of a copyright or trademark infringement claim you provide to us that does not comply with the above listed requirements is not a valid Counter Notification of a trademark or copyright infringement claim for purposes of these Terms.
Upon receipt of a valid Counter Notification as described above, Main Street Promos will promptly provide the complaining party with a copy of the Counter Notification, and inform such party that it will replace the removed material or cease disabling access to it in ten (10) business days. Main Street Promos will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the valid Counter Notification unless Main Street Promos first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain you from engaging in infringing the complaining party’s copyright or trademark.
d) Retractions
If you submitted a notice of copyright or trademark infringement by mistake or would otherwise like to retract your notice, please provide us with the following:
If your account or any material you uploaded or submitted to the Site has been affected by a copyright or trademark infringement notification, you may reach out directly to the copyright or trademark owner, as the case may be, for a retraction of the original notice. We will retract the original notice upon receiving a written confirmation from the copyright or trademark owner or any person authorized to act on behalf of the copyright or trademark owner.
e) Repeat Infringers
It is Main Street Promos’ policy to provide for the termination in appropriate circumstances of access to the Site and the Services by registered users who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property. In addition, we reserve the right at all times to suspend or terminate any account in accordance with the other provisions of these Terms.
f) Manner of Providing Notice
By Mail:
MainBoard, LLC dba Main Street Promos
800 E Main St
STE 330 #600
Wytheville, VA 24382
Attn: Copyright Agent
By Phone:
(877) 477-7978
Any notice by phone of a copyright or infringement claim must be promptly followed up by a written notice containing the information required by this Section 10 for the notice to be valid for purposes of these Terms.
By Email:
11. Termination
You or Main Street Promos may terminate this Agreement by providing no less than thirty (30) days’ prior written notice of termination to the other party if the other party has breached this Agreement and such breach is not cured within such thirty (30) day period. If Main Street Promos is the terminating party, Main Street Promos may immediately suspend your access to and/or use of the Site and the Services until your breach is cured. You or Main Street Promos may terminate this Agreement for any or no reason by providing no less than sixty (60) days’ prior written notice of termination to the other party. Notwithstanding the foregoing, Main Street Promos may, but has no duty to, immediately terminate this Agreement and/or your access to or use of the Site and the Services without liability or obligation to you, including any obligation to refund to you any fees you paid Main Street Promos, if Main Street Promos determines in its sole discretion that you engaged or are engaging in illegal activities, including the sale of illegal or harmful goods or services, or that you engaged or are engaging in any activity that may cause damage to Main Street Promos or to any third party. Any termination under the preceding sentence shall take effect immediately, and you expressly agree that you shall not have any opportunity to cure such conduct nor be entitled to a refund of any fees you paid to Main Street Promos. Upon termination of this Agreement, you will no longer be authorized to access the Site or use the Services and Main Street Promos may delete from its servers any and all information contained in your account, including order processing information, mailing lists and any web pages or other content generated by or through your use of the Site or the Services. The provisions of this Section 11 and Sections 4, 5, 6, 7, 8, 9, 11, 12 and 14 shall survive any termination of this Agreement.
12. Notice
Main Street Promos may deliver notice to you under these Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your Main Street Promos account information. Except for notices required by Section 10, which shall be governed by that Section, you may give notice to Main Street Promos at any time via electronic mail at inbox@mainstreetpromos.com.
13. Force Majeure
Main Street Promos shall not be liable to any person or entity for any delay or failure in performance resulting directly or indirectly from acts of God, war, terrorist activity or other causes beyond its reasonable control.
14. Miscellaneous
These Terms and the relationship between you and Main Street Promos shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the District Court of the Commonwealth of Virginia for the County of Wise or the United States District Court for the District of Virginia. Main Street Promos’ failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. The provisions of these Terms are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. Nothing in these Terms will be deemed to create a partnership, joint venture, employment, or other relationship between Main Street Promos and you other than that of independent contractors for agents and customers for users. The words “include” and “including” appearing in these Terms shall be deemed to be followed by the phrase “without limitation.” Nothing in these Terms will be deemed to grant third-party beneficiary rights to any person or entity. These Terms constitute the entire agreement between the parties with respect to their subject matter and supersede all previous proposals, both oral and written, negotiations, representations, writings, and all other communications between the parties.
Terms last updated and adopted on 10/19/2023 by Joseph Boyd, Managing Member of MainBoard LLC dba Main Street Promos.