Terms of Service
Our terms and conditions (the "Terms") govern your relationship with Preferred Marketing Group and your access to and use of the software and equipment and Preferred Marketing Group's websites and mobile applications that link to or reference these Terms (such websites and mobile applications collectively referred to as the "Site").
DEFINITIONS
A. Parties
"You" and "your" refer to you, as a user of the Site. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. "We," "us," and "our" refer to Preferred Marketing Group.
1. CONDITION OF THE RENTAL EQUIPMENT AND NOTIFICATION OF DEFECTS
A. We will provide the customer with rental equipment that is cleaned and in an operational state.
B. The customer agrees to inspect the rental equipment for integrity upon receipt and to notify us immediately in case a defect is detected. All defects must be submitted to Preferred Marketing Group via email or other form of written notice prior to the scheduled event usage.
C. The customer agrees to properly follow the operating and service instructions to have the equipment operated only by personnel with the required knowledge and skill. The customer shall reimburse cost of damage caused by improper treatment of the rental equipment.
D. The customer shall be liable for its own acts of willful intent and negligence and for any acts of willful intent and negligence of its employees or any other third party whose presence in the operating area of the rental equipment is attributable to the customer.
E. Any loss of the equipment incurred by burglary, theft or other pilferage at the place of use shall be borne by the customer.
F. Should the rental equipment be lost, the customer’s duty to the pay the rental fee shall cease on the day of such occurrence. In the event of loss of the equipment due to the customer’s fault, the customer agrees to reimburse us for the current value of the rental equipment at the time of its loss. In the event of damage to the rental equipment due to the customer’s fault, the customer agrees to bear the rebuild cost. We hereby reserve the right to enforce further claims for damages.
2. SHIPPING
A. All Equipment Rentals are shipped via FedEx Group Shipping unless otherwise agreed upon. Preferred Marketing Group provides estimated insured shipping rates on both the delivered and returned equipment, which is paid by customer.
B. If customer chooses to deviate from this, customer assumes all risk and responsibility associated with the return of the equipment to Preferred Marketing Group in its original condition. Should the equipment be damaged prior being received by Preferred Marketing Group, the customer agrees to bear the repair and/or replacement cost within 14 days of final equipment rental day. We hereby reserve the right to enforce further claims for damages associated with transportation of the rental equipment.
3. LATE EQUIPMENT RETURN
A. Customer is responsible for returning the equipment to FedEx within 3 business days of the end of the rental booking. Any equipment processed by FedEx after 3 business days will be subject to $100 late fee per day. Customers are provided pre-paid return labels for FedEx Ground Shipping. Customer is responsible for paying rush-shipping charges that may be required to avoid late fee.
4. CANCELLATIONS & REFUNDS
A. Cancellations made 14 days or more in advance of the event date will incur a 35% fee. Cancellations made less than 14 days in advance of the event will be offered an equipment credit for a future event. No cash refunds will be given within 14 days in advance of the event.
B. All Refunds are processed back in the original form of payment.
C. Credits will be valid for one year from date issued.
D. Non-Refundable items include but are not limited to: Event Fabrication, Printed Backdrops, Staffing Services, and Software Development.
E. You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the terms and conditions.
5. CONTENT
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Site, such as photos, comments and messages. "User Content" means Content that users submit or transmit to, through, or in connection with the Site. "Preferred Marketing Group Content" means Content that we create and make available in connection with the Site. "Third Party Content" means Content that originates from parties other than Preferred Marketing Group or its users, which is made available in connection with the Site. "Site Content" means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Preferred Marketing Group Content.
A. Our Right to Use Your Content
Our use of Your Content is pursuant to a limited, revocable, non-exclusive, non-transferable, and royalty-free license and such use is limited solely to the deliverables and activities described in this agreement or otherwise approved by you in writing. Furthermore, we acknowledge and agree that you must approve any and all use of your name or logo, or other trademarks, service marks, or intellectual property and their placement on all materials, and that you must approve all press releases, media alerts, and social media concerning you.
B. Ownership
As between you and Preferred Marketing Group, you own Your Content. We own the Preferred Marketing Group Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content but excluding Your Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world ("IP Rights") associated with the Preferred Marketing Group Content and the Site, except Your Content, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Preferred Marketing Group Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Preferred Marketing Group Content are retained by us.
C. Other
User Content, including any that may have been created by users employed or contracted by Preferred Marketing Group, does not necessarily reflect the opinion of Preferred Marketing Group. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
6. PRIVACY
Any data or information provided by you to us under this agreement which would normally be subject to the terms of our Privacy Policy, including without limitation any personally identifiable information, shall be used or disclosed by Preferred Marketing Group only as expressly authorized by you in writing.
7. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Preferred Marketing Group and its users any claims and assertions of any moral rights contained in such Feedback. Notwithstanding, nothing in this section, or otherwise in this agreement, shall prohibit you from using, transferring, selling, or otherwise receiving any benefit from the Feedback, without any obligation to Preferred Marketing Group regarding the Feedback.
8. THIRD PARTIES
The Site may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures, including the ones posted here and incorporated herein by reference.
9. INDEMNITY
A. Client agrees to indemnify, defend, and hold Preferred Marketing Group, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Preferred Marketing Group Entities") harmless, including reasonable costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Preferred Marketing Group reserves the right, at your reasonable expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Preferred Marketing Group. Preferred Marketing Group will use reasonable efforts to immediately notify you of any such claim, action or proceeding upon becoming aware of it.
B. Preferred Marketing Group Entities agree to indemnify, defend, and hold you, your affiliated and related entities, and yours and their respective officers, directors, employees, contractors, and agents harmless from and against any claims, lawsuits, investigations, penalties, damages, losses or expenses (including but not limited to reasonable attorneys' fees and costs) arising out of or relating to any of the following: (i) our breach, or alleged breach, of this agreement or any representation or warranty made herein; (ii) any infringement, or alleged infringement, by the Preferred Marketing Group Entities of any intellectual property right of any person or entity; (iii) the violation of any law or regulation by the Preferred Marketing Group Entities including, without limitation, related to the operation or use of the Program and/or the Site; and (iv) the negligence, recklessness, or willful misconduct of the Preferred Marketing Group Entities or any of their respective officers, directors, employees, agents, or contractors.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
A. EXCEPT FOR THEIR INDEMNIFICATION OBLIGATIONS HEREUNDER, THE PREFERRED MARKETING GROUP ENTITIES' MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SITE OR THESE TERMS IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PREFERRED MARKETING GROUP ENTITIES IN CONNECTION WITH THE SITE AND/OR THIS AGREEMENT.
B. EXCEPT FOR THEIR INDEMNIFICATION OBLIGATIONS, THE PREFERRED MARKETING GROUP ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
C. THE LIMITATIONS OF LIABILITY DESCRIBED ABOVE SHALL ONLY APPLY UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
11. INSURANCE
Preferred Marketing Group agrees to maintain during the Term and for one (1) year thereafter, at its sole expense, general comprehensive and liability insurance from a reputable national insurance company which shall have an A.M. Best Rating of A or better. Preferred Marketing Group’s policy shall provide full protection against any and all claims, demands and causes of action arising out of the Services. Coverage under each policy shall be a minimum of two million dollars ($2,000,000) for each instance and five million dollars ($5,000,000) in the aggregate. Such insurance policy shall not be terminated, canceled or materially modified by Preferred Marketing Group without at least thirty (30) days prior written notice to Company. Within thirty (30) days of the date of this Agreement, Developer shall furnish Company with a certificate of insurance evidencing that the above policy is in full force and effect.
12. CHOICE OF LAW AND VENUE
Illinois law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Preferred Marketing Group (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CHICAGO, ILLINOIS.
13. GENERAL TERMS
A. We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. We may provide you with notices, including those regarding changes to the Terms by email or regular mail.
C. This agreement contains the entire agreement between you and us regarding the use of the Program and/or the Site, and shall supersede any prior or contemporaneous agreement(s) between you and us on such subject matter including, without limitation, the Terms of Service and Privacy Policy contained on the Preferred Marketing Group website, and any future modifications thereto.
E. Any failure on Preferred Marketing Group's part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
F. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
G. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub licensable by you except with Preferred Marketing Group's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.