Introduction

This Agreement governs your use of the Site and the corresponding service, Single Serve Merch (the "Service"). The Service allows wholesale customers who may be a part of the promotional products industry the ability to host stores for businesses and organizations. You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.

This site is operated by Single Serve Merch,LLC, a Wisconsin limited liability company, together with its subsidiaries and affiliates (collectively, "we," "us" or "our"). We value our customers and respect your privacy. We collect information about you in our stores and through our website ( this "Website"), in an effort to improve your shopping experience and to communicate with you about our products, services and promotions. Neither your name nor any other personal information is sold or shared with any non-affiliated company or agency. However, as described below, we may share your information under certain circumstances with business partners that help us operate and improve this Website, understand our customer base or fulfill your order. This Privacy and Usage Policy (this "Policy") only covers information collected from this Website.

Service offers online software-as-a-service platforms (“SaaS Services”) that, among other things, permits users to create their own e-commerce stores (a “Store”) through which they can sell merchandise to consumers (we will call these sellers, “Merchants”).
 
These Terms of Service apply to the use of all of our services, including payment processing, data processing, design, customer services, technical support and our SaaS Services (collectively, the “Services”), as well as to those who are shopping in a Merchant’s Store powered by our SaaS Services (we’ll call you a “Customer”). If you are using our Services on behalf of a company, the Terms of Service apply to you, your company, and your company’s employees, representatives, successors, assigns, and any individuals who use your account(s) or credentials to access our Services.
  

This Policy describes the personal information we collect about you, why we collect it, how we use it, and when we share it with third parties. This Policy also describes the choices you can make about how we collect and use certain of that information. If this Policy changes, we will post an updated policy on this Website. We may, at any time, revise this Policy by updating this posting without notice. You are bound by any such revisions to this Policy, and we encourage you to review this Policy periodically for any changes or modifications.

Types of Information Collected

Our web server automatically recognizes your IP address. We retain the email addresses of anyone who post messages to our bulletin board, the email addresses of those who communicate with us via email, the email addresses of those who post on our chat areas, aggregate information on what pages consumers access or visit, user-specific information on what pages consumers access or visit, and information volunteered the customer, including but not limited to survey information and information obtained by registering or creating an account on this Website, such as name and address, telephone number, and payment information (e.g., credit card number and billing address). Customers who supply us with their telephone numbers will only receive telephone contact from us with information regarding orders they have placed.

Use of Your Personal Information

We may use the information we collect for various purposes, including without limitation to:

• complete your purchase transactions
• provide the services you request
• keep you informed about the status of your orders
• identify your product and service preferences, so we can notify you of new or additional products, services, and promotions that might be of interest to you
• notify you of product recalls or provide other information concerning products you have purchased
• improve our merchandise selections, customer service, and overall shopping experience
• communicate with you by email, postal mail, telephone, text message, or other means
• understand and analyze our customer base; and otherwise provide you with better service

Others with Whom We May Share Your Information

Service Providers: We may disclose information to outside companies that help us bring you the products and services we offer. For example, we may work with an outside company to: (a) manage a database of customer information; (b) assist us in distributing emails; (c) assist us with data collection; (d) provide us with data storage and analysis; (e) provide fraud prevention; (f) provide customer service by phone; and (g) other services designed to assist us in maximizing our business potential. We require that these outside companies agree to keep confidential all information we share with them and to use the information only to perform their obligations in such agreements.

Compliance with Law: We may provide access to information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of this Website, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors and users of this Website or the public.

Links to other sites

While visiting this Website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through this Website. The websites to which we provide links are independent from us, and we have no control over, or responsibility for, their information, content or activities.

In addition, our privacy practices may differ from those of these other sites. If you provide personal information at another website, you are subject to the privacy policy of the operator of that website, not this Policy. Please make sure you understand the other website’s privacy policy before providing personal information.

Cookies

Several of our functions use "cookies". A "cookie" is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to this Website. Cookies also hold information a website may need to personalize and enhance your experience and to gather statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider’s domain name and the addresses of the websites visited immediately before coming to and immediately after leaving this Website. Single Serv Merch may also allow third parties to place their own cookies within your browser in order to serve you with relevant advertising online, to help us measure traffic and effectiveness, and to allow us to conduct any research in which you agree to participate. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets us trace your "clickstream" activity (i.e., the paths taken by visitors to this Website as they move from page to page) to enable us to better serve our customers by revealing which portions of this Website are the most popular. Cookies contain absolutely no personal information. You may disable cookies on your browser. Please review your browser’s instructions for doing so.

Your Security

We go to great lengths to keep your financial information private and safe. We take physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via email. Please note, however, that when email is used, it is not encrypted and is not considered to be a secure means of transmitting credit card information.

We use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. The SSL encrypts, or translates, your order information into a highly indecipherable code, which is processed immediately. All credit card transactions occur in a secure area of this Website, to protect you from loss, misuse or alteration of information collected. When you have finished shopping and begin the checkout process, you will move into the secure area of this Website. Once you’ve entered, the page address (URL) will change from http to https to let you know you are in a secure area. Also, a key or a closed lock will appear in the lower right hand corner of your screen to notify you of this change. You will remain in this secure zone for the entire checkout process.

Despite our efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we use reasonable means to ensure the security of information you transmit to us, we cannot guarantee that such information will not be intercepted by third parties. We may, but shall not be obligated to, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

Use of this Website

We prohibit the impersonation of others, including an employee or representative of us and other users. You may not, without our prior permission, use any computer code, data mining software, "spiders", "robots" or any other automatic device or algorithm or similar program or process to monitor or copy any of the pages on this Website, including the data and content found on this Website. You may not use this Website for purposes other than for those purposes permitted under this Policy.  Prohibited practices include but are not limited to flooding this Website with electronic traffic designed to slow or stop its operation, implanting hidden programs within this Website, and mass downloading of files from this Website. You may not provide links to this Website from other websites without our prior written consent. You agree to not use this Website to create any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Intellectual Property Ownership and Use

Please be aware that as you visit and navigate this Website, your use of this Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights. The content on this Website may be used only as a resource for shopping with us. Any other use, including the reproduction, display, modification, distribution or transmission of any content on this Website, is prohibited.

Trademarks

You may not use any of our trademarks or trade dress without our prior written permission. Trademarks or trade dress include our name, logos and other graphics, text, page headers, button icons, scripts, and service names of our products, services and programs. Any other trademarks that appear on this Website (the "Licensed Marks") are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. We cannot and do not authorize you to make use of any of the Licensed Marks for any purpose.  If you would like to make use of the Licensed Marks, you must contact the owner or licensor of such marks.  \

Copyright

All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on this Website, as well as the software used to create them, are owned, controlled or licensed by us and are protected by U.S. and foreign copyright laws and treaties. You may electronically copy and/or print "hard copies" from this Website solely for personal, non-commercial purposes related to placing an order or shopping on this Website. Any other use of any content on this Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.

Non-Confidential Information

Except for information necessary to place an order, you should not send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute such information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your consent.

Errors and Inaccuracies

We always try to provide complete, accurate and up-to-date information on this Website. Unfortunately, despite our efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

Disclaimer of Warranties and Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this Website, its content or the information available on or through this Website. This Website, its content and the information available on or through this Website are provided "as is", with all faults. Except as provided under applicable laws or as otherwise set forth in this Policy, we will not be liable for any damages whatsoever arising out of or related to the use of this Website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages. Under no circumstances shall our total liability to you for damages, losses and causes of action (whether under negligence, contract or any other theory of law) exceed the amount paid by you for accessing this Website, if any.

Except as otherwise set forth in this Policy, we do not warrant or make any representations regarding the use or the results of the use of the products sold on this Website in terms of their merchantability, fitness for a particular purpose, correctness, accuracy, reliability or otherwise. We are not responsible for any costs necessary for the service, repair, maintenance or correction of any of our products, unless otherwise provided. EXCEPT AS OTHERWISE SPECIFIED IN THIS POLICY, AND EXCEPT FOR YOUR RETURN, REFUND AND SIMILAR RIGHTS AS DESCRIBED AND LIMITED BELOW, OUR PRODUCTS ARE SOLD "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. These limitations may not apply to you if your state does not permit these limitations or exclusions of implied warranties.

Applicable Law

By visiting this Website, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of this Website.

Your Consent

You acknowledge that this Policy is part of the Terms of Service, and you agree that visting or using this Website signifies your assent to this Policy and related terms of use described in this Policy. Your use of or visit to this Website is subject to all applicable laws and is undertaken at your own risk. We reserve the right to change all or any part of this Policy or any other of our policies regarding the use of or visit to this Website, at any time, without advanced notice. If we decide to change this Policy, we will post those changes on this page so that you are always aware of our policies and what information we collect, how we use it and under what circumstances we disclose it.

If you have any questions about your privacy or security at this Website, please contact us and include your name and email address in the message.

Indemnification

As a condition of use of this Website, you agree to indemnify, defend and hold harmless us, our employees, officers, directors, agents, suppliers and representatives from and against any and all losses, expenses, fees, damages and costs, including reasonable attorneys’ fees, resulting from, arising out or, or incurred in connection with your use of or visit to this Website or creation of any products from this Website, including any claims alleging facts that if true would constitute a violation of the terms of this Policy or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Website from, through or by using your account.

Release of Liability

Except for our obligations otherwise set forth in this Policy, you agree to release and discharge us, our employees, officers, directors, agents, suppliers and representatives from and against any and all losses, expenses, fees, damages and costs, including reasonable attorneys’ fees, which you may now or in the future have resulting from, arising out of, or incurred in connection with your use of or visit to this Website or creation of any products from this Website.