Membership Checkout

A Payment Gateway must be set up before any payments will be processed.
Membership Level change

You have selected the Paid Annually membership level.

Get 2 months free!

The price for membership is $339.99 per Year.

Account Information Already have an account? Log in here
LEAVE THIS BLANK
Billing Address
Payment Information We Accept Visa, Mastercard, American Express and Discover
/
(what's this?)
Terms of Use

The Brand Matcher Terms of Use and End User License Agreement

Last Revised June 2015

BY ACCESSING, VIEWING, OR USING THE BRAND MATCHER WEBSITE (THE “SITE”) OR ANY TOOLS AND SERVICES PROVIDED IN CONNECTION WITH THE SITE (COLLECTIVELY, THE SITE AND ALL RELATED TOOLS AND SERVICES ARE REFERRED TO AS THE “SERVICE”), YOU UNDERSTAND AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE. If you object to anything in these Terms of Use or otherwise do not understand or agree to be bound by these Terms of Use do not use the Service immediately.

These terms and conditions and end user license agreement (collectively, “Terms of Use”) set forth the terms and conditions of The Brand Matcher LLC. ("The Brand Matcher") applicable to your use of the Service. We encourage you to read these Terms of Use carefully. For purposes of these Terms of Use, "The Brand Matcher" means and includes The Brand Matcher and its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns. "User" means each person who accesses or uses the Service, whether or not such User personally created an account.

You understand and agree that The Brand Matcher may revise, modify and/or supplement these Terms of Use (the “Revised Terms of Use”) at any time. Any Revised Terms of Use will be effective immediately after notice is sent to you via The Brand Matcher internal email system or by such other forms of notice as may be determined by The Brand Matcher. If you do not agree to the Revised Terms of Use, you must stop using the Service and close your account. You can close your account through the Account Settings page. By continuing to use the Service following notice, or by failing to close your account, you hereby expressly agree to be bound by the Revised Terms of Use and acknowledge that your continued use of and access to the Service is valid consideration for the Revised Terms of Use.

If you are a paying member and you close your account due to rejection of the Revised Terms of Use before your paid membership term has ended, you may seek reimbursement for the paid pro rata balance of the remaining membership by emailing The Brand Matcher at support@thebrandmatcher.com.

Terms and Conditions

1.Privacy Policy. Please refer to our Privacy Policy at www.thebrandmatcher.com/privacy for information on how The Brand Matcher collects, uses and discloses personally identifiable information.

2. License. Subject to the terms and conditions set forth in these Terms of Use, The Brand Matcher grants you a personal, nonexclusive, nontransferable license to use the Service solely for your personal, noncommercial use except as expressly set forth herein.

The Service will be in the form and format as determined by The Brand Matcher in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others, and may have additional licensing terms restricting their use thereto.

Such license is subject to these Terms of Use and except as expressly provided in these Terms of Use, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein ("The Brand Matcher Content"); (B) modifying or otherwise making any derivative uses of the Service or any of The Brand Matcher Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Service or The Brand Matcher Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Service or the The Brand Matcher Content other than as specifically authorized herein, without the prior, written permission of The Brand Matcher, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

You also consent to our communicating with you about the Service or in connection with the features, functions and activities contained therein by SMS, text message, email or other electronic means. Your carrier's normal, messaging, data and other rates and fees will apply to these communications.

3. The Service Offers a Venue. The Service merely offers tools, resources and a venue to connect those seeking marketing/advertising partnership opportunities and services with those seeking to provide marketing/advertising partnership opportunities. You understand and agree that The Brand Matcher: (A) does not employ, recommend or endorse any Users and has no control over the acts or omissions of any Users; (B) is not responsible or liable in any manner for the performance or conduct of any Users or other third parties online or offline; (C) makes no representations or warranties about the quality of the services provided by any User or about your interactions or dealings with other Users; and (D) does not screen Users or automatically conduct any kind of identity or background checks. As such, you should exercise caution and perform your own screening before connecting with anyone through the Service, engaging Users or accepting engagements. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

4. Transactions Are Between Users; Release. Users transact solely between themselves, and The Brand Matcher is not a party to any transactions between Users. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to disputes, dealings, or interactions between you and any other Users or third parties.

5. Eligibility. You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service: (A) you are at least eighteen (18) years old; (B) you comply with all laws, rules and regulations in connection with your use of the Service and any services arranged through the Service; (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these

By using the Service, you understand and agree that The Brand Matcher may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that The Brand Matcher may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service if at any time you no longer meet the Eligibility Conditions. If The Brand Matcher becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.

You understand and agree that The Brand Matcher does not routinely verify that any or all of the Eligibility Conditions are met by any other Users and you further understand and agree that The Brand Matcher is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Service by Users who do not meet the Eligibility Conditions. You understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining references and that you make your own evaluations, decisions and assessments about whether to engage other Users to perform services, accept any engagements offered by other Users or otherwise interact with other Users. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm or damages arising from or in any way related to: (x) any inaccuracy, untimeliness or incompleteness of a User's Eligibility Conditions; and (y) any misstatements or misrepresentations made by any Users.

Although The Brand Matcher has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize The Brand Matcher to verify any or all of the above representations and warranties you make or the other information you provide. You agree that The Brand Matcher may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

6. No Professional Advice; Information Only. Any information, materials, content and/or advice provided through the Service, whether by The Brand Matcher, Users or third parties, including without limitation, The Brand Matcher Facebook pages, including without limitation at www.Facebook.com/thebrandmatcher and The Brand Matcher Twitter account, including without limitation at www.twitter.com/thebrandmatcher, and The Brand Matcher blog are for informational purposes only. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, losses, harms and/or damages arising from and/or in any way related to the information, materials and content provided through the Service, including without limitation on the Blog, Facebook pages and Twitter account.

7. Use of the Service. You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that The Brand Matcher, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. The Brand Matcher reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, hateful, distasteful, obscene or unlawful topic, name, information, materials or content;
  • Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
  • Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
  • Harvest or otherwise collect information about Users without their consent;
  • Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by The Brand Matcher;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam - spamming is strictly prohibited;
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
  • Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
  • Restrict or inhibit any other User from using and enjoying the Service.

The Brand Matcher reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to The Brand Matcher in its sole discretion. You may report any alleged improprieties by any User to The Brand Matcher by email at support@thebrandmatcher.com. However, enforcement of these Terms of Use is solely at The Brand Matcher's discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

8. Account Security. You are responsible for maintaining the confidentiality of passwords and account information for the Service, and you are fully responsible for all activities that occur under your account. You agree to immediately notify The Brand Matcher of any unauthorized use of accounts or any other breach of security.

9. Third-Party Services and Content. The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third-Party Services and Content”), which access is provided solely for convenience. You understand and agree that such Third-Party Services and Content are not provided by The Brand Matcher, and The Brand Matcher does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content. YOU UNDERSTAND AND AGREE THAT USE OF SUCH THIRD-PARTY SERVICES AND CONTENT IS AT YOUR OWN RISK, THAT THE BRAND MATCHER TERMS OF USE AND POLICIES DO NOT APPLY TO SUCH THIRD-PARTY SERVICES AND CONTENT, AND THAT THE BRAND MATCHER IS NOT RESPONSIBLE FOR THE PRIVACY OR BUSINESS PRACTICES OR OTHER POLICIES OF SUCH THIRD-PARTY SERVICES AND CONTENT OR FOR THE ACCURACY, COMPLETENESS, SAFETY OR QUALITY OF THE THIRD-PARTY SERVICES AND CONTENT. YOU SHOULD CAREFULLY REVIEW ANY APPLICABLE TERMS AND POLICIES THAT APPLY TO ANY THIRD-PARTY SERVICES AND CONTENT. THE BRAND MATCHER IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR SUCH THIRD-PARTY SERVICES AND CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT THEREOF, AND THE BRAND MATCHER HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE BRAND MATCHER FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LIABILITIES AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO SUCH THIRD-PARTY SERVICES AND CONTENT, INCLUDING WITHOUT LIMITATION RELATING TO AVAILABILITY, TERMS OF USE, PRIVACY, INFORMATION, CONTENT, MATERIALS, ADVERTISING, CHARGES, PAYMENT, PRODUCTS AND/OR SERVICES.

10. User Content. "User Content" is defined as any information, content, messages, photos, and/or materials a User posts on or through the Service, submits to The Brand Matcher and/or submits to any other User on or through the Service or by any other medium or method. The Brand Matcher acts as a passive conduit for User Content, and Users, not The Brand Matcher, are solely responsible for the User Content they post, submit or transmit through the Service. User Content, including without limitation in connection with registration and Users' profiles, is self-reported and you understand and agree that The Brand Matcher does not independently verify that any or all of the User Content is accurate, appropriate, timely or complete. You understand and agree that you make your own decisions and assessments about User Content and about persons to engage or engagements to accept. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss and/or damages, arising from and/or in any way related to any User Content, including without limitation to any acts of or reliance upon other Users with respect to such User Content and/or any comments made by User about others.

You represent and warrant that you are the owner or licensee or otherwise have the right to post or submit such User Content, and you grant to The Brand Matcher an irrevocable, perpetual, non-exclusive, fully paid, worldwide, sub-licensable license to use, copy, perform, display, reproduce, adapt, modify, prepare derivative of, and distribute such User Content and to incorporate such User Content into other works.

You agree that you are solely responsible for any User Content you post or submit, and you represent and warrant that any User Content: (A) shall not be inaccurate, untimely, incomplete, fraudulent or misleading, including without limitation in connection with registration, your profile and/or use of the Service; (B) shall not infringe any third party's rights, including without limitation copyright, patent, trademark, trade secret or other propriety right or rights of publicity or privacy; (C) shall not violate any law, statute, ordinance, rule or regulation, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising (D) shall not be defamatory, libelous, threatening, harassing, abusive, or inflammatory; (E) shall not be obscene, indecent, suggestive, violent, offensive or contain pornography or be harmful to minors; (F) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network; and (G) shall not create liability for The Brand Matcher or cause The Brand Matcher to lose (in whole or in part) the services of The Brand Matcher’s ISPs or other partners or suppliers. The Brand Matcher may, but is not obligated to, review or delete any User Content that, in The Brand Matcher's sole discretion, violates these Terms of Use.

Although The Brand Matcher has no obligation to screen, edit or monitor User Content, The Brand Matcher reserves the right, and has absolute discretion, to remove, screen or edit User Content or suspend or terminate your account for any reason or for no reason, including if it believes that any User Content violates any of the foregoing rules. You agree to make no further use of the Service during suspension or after termination. Enforcement of the User Content rules set forth in these Terms of Use is solely at The Brand Matcher's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.

Although The Brand Matcher has no obligation to do so, The Brand Matcher reserves the right, and has absolute discretion, to remove, screen or edit User Content posted or stored on the Service at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing User Content you post or store on the Service at your sole cost and expense.

11. Paid Memberships. Access to certain services and features of the Service require a paid membership (“Paid Membership”). Upon registration for a Paid Membership, you agree to pay The Brand Matcher the applicable membership fees at the prices then in effect, and you authorize The Brand Matcher to charge your chosen payment method in connection therewith. The Brand Matcher reserves the right to correct any payment errors even if it has already requested and/or received payment.

The Brand Matcher may use third-party payment processing services to process credit card payments and information in connection with the payment of membership fees and other amounts payable in connection with the Service. The Brand Matcher hereby expressly disclaims, and you hereby expressly release The Brand Matcher from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to The Brand Matcher’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about The Brand Matcher’s use of payment processing services, please contact The Brand Matcher by email at support@thebrandmatcher.com.

The Brand Matcher may offer limited-time, free trial memberships or other promotions from time to time. In some cases, which will be disclosed at the time of sign-up, these promotions may automatically convert to Paid Memberships if you do not cancel within a designated time frame. In such instances, if you continue you membership after the end of the free trial or promotional period, you will be charged the price then in effect. To avoid such charges, you must cancel your membership prior to the end of the free trial or promotional period by emailing at support@thebrandmatcher.com, or through your account settings.

12. Automatic Renewal and Cancellation. Paid Memberships and some paid features (“Features”) may be automatically extended for successive renewal periods of the same duration as the Paid Membership and/or Feature term originally selected (as indicated at the time of sign-up). IF YOU SIGN UP FOR A PAID MEMBERSHIP OR FEATURE THAT IS SUBJECT TO AUTOMATIC RENEWAL, YOU AGREE THAT THE TERM OF SUCH PAID MEMBERSHIP OR FEATURE WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL YOU CANCEL PRIOR TO THE END OF THE CURRENT TERM BY EMAILING AT SUPPORT@THEBRANDMATCHER.COM OR THROUGH YOUR ACCOUNT SETTINGS. At or near the time of each renewal, you authorize The Brand Matcher to charge your selected payment method the then-current, applicable fee in accordance with the Paid Membership or Feature you selected. Upon cancellation, you will have access to the Paid Membership and/or Feature benefits until the end of the then current Paid Membership and/or Feature term, and the Paid Membership and/or Feature will not be renewed after that term expires. You will not be eligible for a refund of any portion of the Paid Membership and/or Feature fees paid for the then-current Paid Membership and/or Feature period, except as expressly provided in these Terms of Use. The Brand Matcher is not responsible for and will not reimburse any fees incurred by you from your bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by The Brand Matcher.

13. Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE BRAND MATCHER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, INCURRED BY THE BRAND MATCHER IN ANY WAY RELATED TO YOUR: (A) ACTS AND/OR OMISSIONS ONLINE AND OFFLINE; (B) BREACH OF THESE TERMS OF USE; (C) DISPUTES WITH OR BETWEEN OTHER USERS; (D) USE AND/OR MISUSE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INFORMATION, CONTENT AND/OR MATERIALS THEREIN OR OBTAINED THROUGH THE SERVICE; (E) VIOLATION OF ANY APPLICABLE LAW, RULE OR REGULATION; (F) INACCURATE, UNTIMELY, INCOMPLETE OR MISLEADING USER CONTENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO REGISTRATION, PROFILE; (G) MISSTATEMENTS AND/OR MISREPRESENTATIONS, INCLUDING WITHOUT LIMITATION REGARDING YOUR COMPANY AND YOUR OTHERWISE MEETING THE ELIGIBILITY CONDITIONS; (H) USE OF THIRD-PARTY SERVICES AND CONTENT; (I) USER CONTENT AND ANY ACTS OR OMISSIONS WITH RESPECT TO SUCH USER CONTENT; (J) USE OF THE PAYMENT SERVICE; (K) CONDUCT IN CONNECTION WITH THE USE OF THE SERVICE OR ANY CONNECTIONS MADE THROUGH THE SERVICE; AND/OR (N) USE OF ANY SERVICES OR PRODUCTS OR ANY CONTRACTS OR ARRANGEMENTS MADE OR PROVIDED BASED ON INFORMATION, CONTENT AND/OR MATERIALS OBTAINED ON OR THROUGH THE SERVICE. YOU FURTHER AGREE THAT YOU WILL COOPERATE AS REQUESTED BY THE BRAND MATCHER IN THE DEFENSE OF SUCH CLAIMS. THE BRAND MATCHER RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY USERS, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF THE BRAND MATCHER.

14. Suspension and Termination. The Brand Matcher may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at The Brand Matcher's sole discretion. Suspension and/or termination may include restricting access to and use of the Service and may also include the deletion of the content associated with your account. You agree to make no further use of the Service or The Brand Matcher Content during suspension or after termination. The Brand Matcher reserves the right, but does not undertake any duty, to take appropriate legal action, including without limitation the pursuit of civil, criminal and/or injunctive redress against you for continuing to use the Service or The Brand Matcher Content during suspension or after termination, and you agree that The Brand Matcher may recover its reasonable attorneys’ fees and court costs from you for such actions. Even while your membership is suspended and after it is terminated, these Terms of Use will remain enforceable against you. All other terms that by their nature may survive suspension and/or termination of these Terms of Use shall also be deemed to survive such suspension and/or termination.

15. Intellectual Property Rights of Service. Except for the license expressly granted in these Terms of Use, you are not granted any rights in or to the Service by implication, estoppel, or other legal theory, and all rights in and to the Service not expressly granted in these Terms of Use are hereby reserved and retained by The Brand Matcher. The Service, The Brand Matcher Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively "Proprietary Material"), are owned by The Brand Matcher or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. The Brand Matcher also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without The Brand Matcher's prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of The Brand Matcher and/or the relevant right holder. The service marks, trademarks, logos and trade names appearing on this Service are owned by The Brand Matcher or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of The Brand Matcher and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.

16. Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, The Brand Matcher has adopted a policy of terminating, in appropriate circumstances and at The Brand Matcher's sole discretion, members who are deemed to be repeat infringers. The Brand Matcher may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

17. U.S. Export Controls. No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

18. No Third-Party Beneficiaries. Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

19. Modifications to the Service. The Brand Matcher reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without notice to you. You agree that The Brand Matcher shall not be liable to you or any third party for any modification or discontinuance of the Service or any portion thereof.

20. No Joint Venture. You acknowledge that you are not legally affiliated with The Brand Matcher in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by your use of the Service or these Terms of Use. As such, you shall not have, or hold out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on The Brand Matcher, except as provided herein or authorized in writing by The Brand Matcher. The Brand Matcher is not an employment service or agency, does not serve as an employer of Users and does not recruit Users for employment, secure employment for Users or evaluate or test Users for employment purposes.

21. Limitations on Use. In the interest of maintaining the performance and availability of the Service and in enforcing these Terms of Use, The Brand Matcher reserves the right to place certain limitations on your access to the Service at any time and for any reason. You acknowledge and agree that this term supersedes any specific offer made by The Brand Matcher and that these limitations may be enforced in The Brand Matcher's sole discretion. If you feel that these limitations are interfering with legitimate use of The Brand Matcher in keeping with the Terms of Use, you shall refer this concern to The Brand Matcher and abide by the determination of The Brand Matcher.

22. Disclaimer of Warranties. THE SERVICE IS PROVIDED ON AN "AS IS" “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE BRAND MATCHER DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING: (A) THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (B) THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICE WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; (C) THE CONDUCT OF ANY USERS ONLINE AND OFFLINE, WHETHER IN CONNECTION WITH THE SERVICE OR OTHERWISE; (D) THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY USER CONTENT OR INFORMATION; AND/OR (E) THE USE OF ANCILLARY SUPPORT SERVICES. SITTERCITY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, SPIDERS, CANCEL BOTS, CORRUPTED FILES, OR ANY OTHER SIMILAR SOFTWARE, MALWARE OR MATERIALS THAT MAY DAMAGE, INTERFERE WITH, DISRUPT, IMPAIR, DISABLE OR OTHERWISE OVERBURDEN THE OPERATION OF ANY DEVICE, COMPUTER SYSTEM OR NETWORK. THE BRAND MATCHER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. THE BRAND MATCHER HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE THE BRAND MATCHER FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE.

23. Assumption of Risk. You assume all risks when using the Service, including without limitation all of the risks associated with interactions with other Users. You agree to take all necessary precautions when interacting with other Users.

24. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL THE BRAND MATCHER BE LIABLE TO YOU OR ANY OTHER USER OR THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF THE BRAND MATCHER TO YOU WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

25. Notice. Any notice or other communication to be given hereunder shall be in writing and given by facsimile, postpaid registered or certified mail, return receipt requested, or electronic mail to the address listed below.

26. Arbitration. Any controversy, claim, suit, injury, harm, loss or damage arising from or in any way related to the use or provision of the Service or these Terms of Use, shall be settled by binding arbitration and conducted in accordance with these Terms of Use and the Commercial Arbitration Rules and Arbitration Procedures of the American Arbitration Association (“AAA”) then in effect, which can be obtained at any AAA office, at www.adr.org, or by calling the AAA at 1-800-778-7879. If there is any inconsistency between the AAA Rules and this arbitration provision, the terms of the arbitration provision will control unless the arbitrator determines that the application of the inconsistent terms would result in a fundamentally unfair arbitration. This arbitration provision will be construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. §1 et seq.

Arbitration shall be conducted before a single arbitrator chosen by The Brand Matcher, and both you and The Brand Matcher expressly waive entitlement, if any, to have any such controversy, claim, suit, injury, harm, loss or damage heard before a court or a jury. The arbitrator will base the decision on the evidence presented and in accordance with these Terms of Use and governing law, including statutory and judicial authority. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Use and applicable law. The arbitrator will issue a written decision, which will contain the essential findings and conclusions on which the decision is based. The arbitrator’s decision will be final and binding upon all parties.

Any such controversy, claim, suit, injury, harm, loss or damage shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any controversy, claim, suit, injury, harm, loss or damage of any other party. However, this representative action waiver may be severed if it would otherwise render these Terms of Use or this arbitration provision unenforceable in any action brought under a private attorneys general law.

The arbitration shall be conducted in New York, New York, and judgment of the arbitration award may be entered by any court having jurisdiction thereof. The Brand Matcher may seek any interim or preliminary relief from a court of competent jurisdiction in New York, New York, necessary to protect its rights pending the completion of arbitration. You agree to submit yourself to the personal jurisdiction of the State of New York.

Each party will pay its own attorneys’ fees, subject to any remedies to which that party may later be entitled under applicable law. You will bear only those costs of arbitration that you would have borne had you brought a claim covered by this arbitration provision in court. If you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, The Brand Matcher will pay as much of the arbitration fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Notwithstanding anything to the contrary, disputes may be brought before an administrative agency to the extent applicable law requires access to an agency notwithstanding the existence of this arbitration provision. Nothing in this arbitration provision shall be construed to: (i) relieve any party of the duty to exhaust administrative remedies by filing a charge or complaint with an administrative agency and obtaining a right to sue notice, where otherwise required by law; or (ii) prevent either party from cooperating with a federal or state body as required by law. However, you understand that you are not entitled to a double recovery or eligible to receive any monetary benefit from any action brought by an administrative agency except as required by law.

To commence an arbitration against The Brand Matcher, you must complete a Demand for Arbitration form located at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175, submit it to the AAA, and send a copy to The Brand Matcher at:

The Brand Matcher LLC, Attn: Legal Department, 72 North State Road #213, Briarcliff Manor, NY 10510

For more information, see the AAA's claim filing page, http://www.adr.org/fileacase.

27. General Provisions. Failure by The Brand Matcher to enforce any of these Terms of Use shall not be construed as a waiver of any provision or right. These Terms of Use, and all other aspects or use of the Service, shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of laws rules. These Terms of Use constitute the entire agreement between User and The Brand Matcher with respect to the Service. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Use shall remain in full force and effect.

28. Contact. The Brand Matcher may be contacted at:

By email: support@thebrandmatcher.com

By mail: The Brand Matcher LLC, Attn: Legal Department, 72 North State Road #213, Briarcliff Manor, NY 10510

CONTACT US

We're not around right now. But you can send us an email and we'll get back to you, asap.

Sending

©2019 The Brand Matcher | Made with love by Enormous Creative

fao two lio 

Log in with your credentials

or    

Forgot your details?

Create Account