Discrepancies in Price and Minimum Order Quantity
We do our best to keep our prices and Minimum Order Quantities synchronized with those of our vendor suppliers. Occasionally there may be a delay between a price or Minimum Order Quantity adjustment from our vendors and the update to our website. While we aim to honor all prices and quantities shown on our website, in some cases we are unable to honor the prices or quantities for certain discrepancies. If you place an order for an item that has a price or Minimum Order Quantity discrepancy, we will notify you immediately, and before we proceed with your order.
By submitting your logo, slogan, project or team name, or artwork to us, you as the customer represent that the use or display of the words or image will not violate any copyright, trademark, or other applicable laws. You agree to defend and hold Promomento.com, ClearLaunch Consulting LLC, its officers, employees, and agents harmless from any claim, damage, attorney’s fees and costs, or other costs in any infringement action that results from us printing the words, logo, graphics, or image.
Our website may contain artwork, designs, logos, or other trademarked items that are owned by companies other than Promomento.com and ClearLaunch Consulting LLC. The use of these items on our site is not intended as an endorsement of Promomento.com or ClearLaunch Consulting LLC by these companies. These images are used merely as a demonstration of the products and customization features available from Promomento.com and ClearLaunch Consulting LLC. These products are not offered for sale.
Force Majeure Clauses
- Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Significant Weather and Climate Events, Terrorism, Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), Wars, Insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
- Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Right to Refuse or Limit Service
All original content and material on our website including but not limited to our name, slogans, taglines, logos, graphic images, website text, website design, composite product photos, original product description text, written and editorial material, databases, layouts, software programs (including their source code and object code) belong to us, and are protected by U.S. and International Copyright and Trademark law.
The terms “ClearLaunch Consulting” and “Promomento” and “Promomento.com” and all associated logos and designs (collectively or ‘Marks’) are proprietary trademarks and service marks, and are protected by U.S. federal and state laws. Other marks and logos belonging to third parties and used on our site are the trademarks and/or service marks of those respective businesses and owners.
Use of Our Site: Our Copyrights & Your Limitations
Except for the limited purpose of making truthful and non-misleading references to us, you may not use any of our ‘Marks’, copyrighted, trademarked, or servicemarked elements (or any variations thereof) without our express permission.
You may not make use of any of our ‘Marks’ in conjunction with any other product or service, as an endorsement, or in any manner that is likely to cause confusion or deception. You may not use any of our ‘Marks’ in your meta tags or as your ad keywords without express prior written permission.
Use of Our Site: Viruses and Security
You understand that our website cannot and does not guarantee that the Site will be free of infection from viruses or other computer infections that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures (anti-virus software, etc.) and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Use of Our Site: Links to Third Party Sites
Our website contains links to other third party websites. We provide these links as a convenience. Your use of these third party website is at your sole risk. ClearLaunch Consulting LLC dba Promomento is not responsible for operating,maintaining, or securing these third party websites. We disclaim all liability for injury you may experience by using them.
You agree to indemnify, defend and hold our company and its affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of our Services or Site, (ii) your use of products or services provided via phone, fax, or through the Site, or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in Site’s defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of us.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING PRODUCTS OR SERVICES THROUGH THE SITE OR VIA PHONE OR FAX ORDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS, WARRANTIES, GUARANTEES OR CONDUCT OF COMPANY OR ANY THIRD PARTY ON THE SITE, INCLUDING BUT NOT LIMITED TO STATEMENTS ABOUT THE USE OR FUNCTIONALITY OF ANY MERCHANDISE PURCHASED THROUGH THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL COMPANIES TOTAL CUMMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID, IF ANY TO ClearLaunch Consulting LLC dba Promomento. FOR THE USE OF THE SITE BY YOU OR $1.00. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF ClearLaunch Consulting LLC dba Promomento , OUR AFFILIATES, AND TO ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS.