Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AND CONTAINS A DISPUTE RESOLUTION CLAUSE. BY UTILIZING WWW.PRIVATELABELMOVEMENT.COM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
KevCo, LLC ("PLM") offers a unique platform focusing on the private label industry that provides sponsorship, coaching and industry events and programming which allows users of www.privatelabelmovement.com (“PLM User”, “You” or “Your”) the ability to access content that relates to PLM’s sponsorship, coaching and industry event and programming (“PLM Services”) via a website or mobile application (collectively the “PLM Platform”). PLM periodically updates features and adds new ones depending on market conditions and other factors.
These Terms and Conditions relate to the use of the PLM Platform and the PLM Services. By accessing the PLM Platform and/or utilizing the PLM Services, You agree to be bound by these Terms and Conditions. In the event that PLM updates these Terms and Conditions, your use of the PLM Platform/PLM Services following the update shall be deemed as your acceptance of, and You will be bound by, the updated Terms and Conditions. The latest version of these Terms and Conditions will be posted online at www.privatelabelmovement.com.
2. Intellectual Property and Software.
3. PLM User Representations.
By utilizing the PLM Services You hereby represent, acknowledge and agree that:
(i) The PLM Services are to be used only for providing You the ability to offer the services listed within these Terms and Conditions and may not be used for any other purpose;
(ii) The PLM Services will not be linked, compiled or otherwise combined with any other programs;
(iii) While utilizing the PLM Services, You or Your organization will be listed as the sender and You will not impersonate any other person or organization;
(iv) You will not modify, rent, release, lend, sublicense or otherwise redistribute the PLM Services, in whole or in part, to any other person or entity;
(v) You will not create or permit others to create, by reverse engineering or otherwise, services similar to those offered by PLM or any part thereof;
(vi) The PLM Services will be used in compliance with the CAN-SPAM Act of 2003, will only be used for lawful purposes and You will not violate any law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising) in connection with the PLM Services;
(vii) While utilizing the PLM Services, you will not send any content or any other text, pictures, sound, graphics, video and other data or any other materials that are listed in the Prohibited Content section of these Terms and Conditions;
(viii) You will not interfere with or disrupt the PLM Platform, PLM’s servers or PLM’s networks connected to the PLM Platform or any other website connected with your use of the PLM Services; and
4. PLM Services Fees.
5. Prohibited Content.
The PLM Services may not be used in connection with any person and/or organization that:
(i) Promotes any products/services in connection with illegal goods; illegal drugs; illegal drug contraband; drug paraphernalia; pornography or illicitly sexual services; escort services; dating services; pirated computer programs; illegal firearms; instructions on how to assemble or otherwise make bombs, grenades or other weapons; gambling; and/or promoting violence of any kind;
(ii) Utilizes any material that exploits children, or otherwise exploits children under 18 years of age;
(iii) Utilizes any material that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
(iv) Utilizes any material that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; and
(x) Utilizes any material that contains any viruses, Trojan horses, worms, trap doors, back doors, Easter eggs, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. PLM’s Anti-Spam Policy.
7. Usernames and Passwords.
You will be responsible for any and all transactions that take place by a user who gains access to the PLM Platform and/or Your PLM Services account utilizing Your user name and password. PLM will accept the instructions of any individual who claims to be authorized to direct changes to Your account if that individual presents Your username and password or provides other accurate account information acceptable to PLM, in its sole discretion. PLM will not be responsible for the actions of any individuals who wrongfully gain access to your customer information utilizing your username and password or who otherwise wrongfully gain access to your account. In the event You become aware of any unauthorized use of Your account, You agree to notify PLM immediately.
8. PLM as Moderator Only.
You acknowledge and agree that PLM is merely providing a platform for the exchange of information. PLM shall not be liable for your interactions with any organizations and/or individuals found on the PLM Platform. The content on the PLM Website does not constitute legal or financial advice and should not be relied upon as such.
9. Termination by PLM/Reservation of Rights.
PLM does not pre-screen any individuals nor organizations or the Content provided by said individuals/organizations. However, PLM reserves the right (but undertakes no duty) to do so and decide whether any person, organization or information utilized in connection with Your use of the PLM Platform is appropriate and/or complies with these Terms and Conditions, violates any law(s), violates any agreements between PLM and any third party and/or is otherwise inappropriate in PLM’s sole discretion. PLM may refuse to send any communication and/or terminate access to the PLM Platform for posting or publishing any material in violation of these Terms and Conditions, violation of any law(s), violates any agreements between PLM and any third party and/or is otherwise inappropriate for transmission in PLM’s sole discretion, at any time and without prior notice. The determination of any violation shall be made by PLM in its sole and absolute discretion. If PLM terminates Your access to the PLM Platform, PLM may, in its sole and absolute discretion, remove and destroy any data and files stored by You on PLM’s servers. PLM expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) the PLM Platform and the PLM Services, without notice, when PLM deems it necessary, in its sole and absolute discretion.
You hereby agree to indemnify PLM, and its members, shareholders, officers, directors, employees, business partners, third-party suppliers and providers, licensors, distributors and agents and hold them harmless from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys' fees) incurred by PLM as a result of any claim made by a third party in connection with the PLM Services. You shall defend at Your sole expense any such action and shall pay any costs, damages, settlement awards and attorneys' fees finally awarded against PLM in such action which are directly attributable to such claim. By utilizing the PLM Services, You hereby grant to PLM a non-exclusive royalty-free, worldwide license to reproduce, distribute, store, transmit, publicly perform, publicly display, digitally perform, reproduce, and otherwise use the content You provide to PLM in connection with the PLM Services.
PLM does not warrant that the operation of the PLM Platform or the PLM Services will be uninterrupted or error-free, or that the PLM Platform or PLM Services will be immune from fraudulent intrusion and/or unauthorized use or disclosure. PLM does not make any claims or warranties as to the results that may be obtained from utilizing the PLM Services. You assume all responsibility for assuring the proper and lawful use of the PLM Platform and PLM Services and all liability for any improper or unlawful use of the PLM Services and PLM Platform. You assume all liability, which may arise in connection with any person or entity's use of the PLM Services and PLM Platform. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, PLM OFFERS THE PLM SERVICES AND THE PLM PLATFORM “AS IS” WITH NO WARRANTIES OF ANY KIND. PLM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITATIONS SET FORTH HEREIN ARE INTENDED TO LIMIT THE LIABILITY OF PLM AND WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
12. Limitations of Liability.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT: (i) NEITHER PLM, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, BUSINESS PARTNERS, SUPPLIERS, PROVIDERS, LICENSORS, DISTRIBUTORS AND/OR AGENTS WILL, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY OF THE FOLLOWING: SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND; LOST PROFITS OR DAMAGES RELATED TO THE PROCUREMENT OF SUBSTITUTE GOODS/SERVICES, FOR LOSS OF DATA OR RELEASE OF ANY DATA TO THIRD PARTIES; OR ANY OTHER DAMAGE TO INTANGIBLE PERSONAL PROPERTY, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF PLM, ITS SUPPLIERS OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) PLM'S TOTAL LIABILITY TO YOU ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL BE LIMITED TO AND SHALL NOT EXCEED THE AMOUNTS RECEIVED FROM YOU UNDER THIS AGREEMENT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
13. Remedies/Disclosure of Information.
Notwithstanding anything in these Terms and Conditions to the contrary, all provisions of these Terms and Conditions will be specifically enforceable, and PLM will be entitled to, in addition to other available remedies, an injunction or other equitable relief for breach of any provision of these Terms and Conditions. In addition, You acknowledge and agree that PLM has the right to seek damages, including, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages, when the PLM Services are utilized in violation of these Terms and Conditions. In the event that PLM is required to respond to a third party or law enforcement subpoena that is related to Your use of the PLM Services, PLM may require You to reimburse PLM for its reasonable expenses associated with complying with such subpoena. Any provision of these Terms and Conditions that, by its nature should survive termination, will survive termination, including, without limitation, those concerning intellectual property, ownership, warranty, disclaimers and limitations of liability. PLM may disclose any and all information it receives from You in the event (i) it is required by law; (ii) to protect and defend the rights of PLM and/or any person or entity affiliated with PLM; or (iii) incident to a corporate sale, merger, reorganization, dissolution, bankruptcy or similar event.
You and PLM shall for all purposes be independent contractors. Under no circumstances shall either party be deemed, as a result of this Agreement, an employee, agent or representative of the other party, and neither party shall have authority to incur any obligations or make any representations, warranties or guaranties on behalf of the other. PLM may assign its rights to any payments under these Terms and Conditions to one or more other persons/entities without Your prior written consent. In the event that one or more of the provisions contained in these Terms and Conditions shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions contained in these Terms and Conditions, and such other provisions shall be given effect in accordance with the manifest intent hereof. These Terms and Conditions set forth the entire agreement and understanding between the parties as to the subject matter hereof and supersedes and merges all prior oral and written agreements, discussions and understandings between You and PLM. All notices to be given to PLM in connection with this Agreement shall be in writing and shall be sufficient if sent by certified or registered mail, return receipt requested with postage prepaid, addressed to KevCo, LLC, 825 Watters Creek Blvd. Building M Suite 250 Allen, Texas 75013, with a copy to: The Internicola Law Firm, P.C., Attn: Brian A. Lincer, Esq., 1000 South Avenue, Staten Island, New York 10314, or at such other address hereafter made known to the other party. All notices to PLM User may be effectuated by e-mail message at any e-mail address previously provided to PLM by PLM User. PLM User shall, at all times, maintain a valid e-mail address to receive system notifications, for billing purposes and other system alerts from PLM. Any notice given as provided in this Agreement shall be deemed to have been given on the date of receipt by the party for which it is intended. Section headings are for purposes of convenience only and are not intended to affect the meaning or interpretation of these Terms and Conditions. These Terms and Conditions are made pursuant to, and shall be construed and enforced in accordance with, the laws of the State of New York and United States federal law, to the extent applicable, irrespective of the principal place of business, residence or domicile of the parties hereto, and without giving effect to otherwise applicable principles of conflicts of law. Any suit brought to enforce obligations hereunder shall only be brought in the courts, whether State or Federal, sitting in the County of New York, City and State of New York.
By accessing the PLM Platform and/or utilizing the PLM Services, You agree and represent that (i) You have read and understand all of the provisions in these Terms and Conditions; (ii) that you are at least 18 years of age; and (iii) all of the information that You have provided to PLM is true and accurate. In addition, by accessing the PLM Platform and/or utilizing the PLM Services, You authorize KevCo, LLC to charge the amount due to KevCo, LLC on the credit card provided by You.
If you have any questions, or if you require any additional information concerning these Terms and Conditions or the PLM Platform, please contact PLM by email at [email protected].
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