Terms and Conditions

BusinessCardGenius.com (“BCG”, “we” or “us”) provides the services on this site to you, subject to the following Terms of Use (“TOU”), which may be updated by us with or without notice. By accessing any page on this site, you agree to be bound by these terms and conditions, as they may be updated from time to time.

1. USE OF SERVICE

BCG is in the business of selling intimate clothing (the “Service”, which term shall include any new services, products or features made available through this site). You agree to provide accurate information about yourself (“Personal Data”) when you use the Service. Personal Data is subject to our Privacy Policy. See http://BusinessCardGenius.com/privacy. Use of this site is limited to individuals 18 years of age or older.

2. CUSTOMER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify BCG of any unauthorized use of your password or account or any other breach of security.

3. CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you upload or otherwise transmit via the Service. You agree to comply with all laws, rules and regulations regarding online conduct and acceptable Content.

When you, or someone to whom you have given access, orders an item using your password, you grant BCG the world-wide, royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs or processing print orders. In addition, unless you specifically direct BCG otherwise, in writing, you agree that your item may be displayed on the site or otherwise incorporated by BCG as part of its portfolio.

You acknowledge that BCG does not pre-screen Content, but that it has the right (but not the obligation), in its sole discretion, to remove any Content that violates the TOU or may otherwise be objectionable. You further acknowledge and agree that BCG may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights of BCG, its users and/or the public.

4. INDEMNITY

You agree to indemnify and hold BCG and its affiliates, officers, employees, agents, vendors or other business partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit or transmit through the Service, your use of the Service, your violation of these TOU or your violation of the rights of a third party.

5. NO RESALE OF SERVICE

Products and services are provided for your personal use only. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

6. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that BCG may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on BCG’s servers for Customer use. You acknowledge that BCG reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that BCG reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.

7. MODIFICATION OR TERMINATION TO SERVICE

BCG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that BCG, in its sole discretion, may terminate your password, account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use, failure to pay for Services when due or if BCG believes that you have violated or acted inconsistently with the letter or spirit of the TOU.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, EXCEPT FOR ANY EXPRESS GUARANTEES POSTED ON THE SITE AT THE TIME YOUR ORDER THE SERVICE, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BCG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BCG AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT SHALL BCG’S LIABILITY FOR DAMAGES EXCEED THE AMOUNT THAT YOU PAID FOR THE SERVICES DURING THE 6 MONTH PERIOD THAT PRECEDED THE EVENT GIVING RISE TO THE CLAIM.  IF THE BCG SITE PROVIDES LINKS TO THIRD PARTY SITES, YOU ACKNOWLEDGE THAT BCG CANNOT BE RESPONSIBLE FOR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH SUCH LINKED SITES.

10. GENERAL INFORMATION

The TOU constitute the entire agreement between you and BCG and govern your use of the Service, superseding any prior agreements between you and BCG. The TOU and the relationship between you and BCG shall be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. You and BCG agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Connecticut. The failure of BCG to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU 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 the other provisions of these TOU 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 Service or these TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The TOU shall be binding on a party’s successors, assigns, heirs and representatives