services

what we do

ONLINE BRAND GROWTH STRATEGY

An effective online brand strategy is essential for maximizing your brand’s potential in the digital landscape. It helps you build brand awareness, engage with your audience, differentiate yourself from competitors, and drive business growth.

OFFLINE BRAND GROWTH STRATEGY

A strong offline presence compliments online activities and allows businesses and individuals connect with your audience in a more tangible and personal way enhancing customer experience. It helps build trust, increase brand visibility, fosters networking opportunities, penetrates local markets and gives you the opportunity to gather valuable insights.

About US

More then pixel pushers

We are a unique tribe of designers, visual problem solvers, story tellers, fire starters, digital creators of awesomeness, and dot connectors.

The only people who achieve much are those who want knowledge.

C.S. Lewis

Legal Stuff

Website Legal Stuff

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  • Permission is granted to temporarily download one copy of the materials (information or software) on Cher Design, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    • Modify or copy the materials;
    • Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    • Attempt to decompile or reverse engineer any software contained on Cher Design, LLC's web site;
    • Remove any copyright or other proprietary notations from the materials; or
    • Transfer the materials to another person or "mirror" the materials on any other server.
  • This license shall automatically terminate if you violate any of these restrictions and may be terminated by Cher Design, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Cher Design, LLC web site are provided "as is". Cher Design, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Cher Design, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Cher Design, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Cher Design, LLC's Internet site, even if Cher Design, LLC or a Cher Design, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Cher Design, LLC's web site could include technical, typographical, or photographic errors. Cher Design, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Cher Design, LLC may make changes to the materials contained on its web site at any time without notice. Cher Design, LLC does not, however, make any commitment to update the materials.

6. Links

Cher Design, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Cher Design, LLC of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Cher Design, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Cher Design, LLC's web site shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

 

Privacy

Ahhhh, the legal part of our website—that would be www.cherdesign.agency or our Site, as it is referred to herein. (See, "legal" just hits you right off the bat in this section!)

IMPORTANT: We are a happy, fun-loving, humorous group of humans and see no reason why legal writing has to be so boring and somber. But make no mistake, despite our irreverence at times, the following terms and conditions are legally binding and carry the full weight and power of the laws governing Privacy and Usage of our Site. (Scary warning now done.)

First, we respectfully ask that all visitors to our Site adhere to our terms and conditions. After all, it is our Site and we get to make the rules. But since we are a fun group, the rules aren't all that difficult to adhere to. Understand that by accessing our Site, you indicate your acknowledgment and acceptance of these terms and conditions. Also, it is your responsibility to check these terms periodically for changes because they can and do change, just like life. Your continued use of www.cherdesign.agency following the posting of changes to these terms will signify that you accept any changes. And acceptance of change is the first step towards growth!

Privacy Policy

Cher Design, LLC  (referred to as “Cher Design," "we," "us," "our," or "the MOST AWESOME BRANDING AGENCY IN EXISTENCE!" herein) uses its best efforts to respect the privacy of its online visitors.

When you visit our site, your browser automatically sends us an IP (internet Protocol) address and certain other information (including the type of browser you use). We may use this IP address and other information to give you access to our Site and otherwise to administer the site. We may also ask you to provide personal information so that we can provide you with any information you request. (Just so you know, we will almost never ask you about your personal dating preferences.) You are under no obligation to provide us with this information, but without it, we may not be able to provide you the information you request. The site also includes features that allow you to communicate with us by electronic means such as email. You are responsible if you choose to use these features to provide personally identifying information to us. When you provide any personally identifying information, you affirm that you are knowingly and voluntarily providing us the information. Understand, that we may or may not respond to the electronic communication messages you send us. Our not responding could certainly be interpreted as rude if you so choose, that is of course your prerogative, but maybe we are just taking a fishing trip and we are unreachable-have you considered that? Nonetheless, by agreeing to these terms you understand that we are under no obligation to return any correspondence.

Please note that the use of digital cookies (not the yummy kind) and other information is used to optimize the viewing experience, troubleshoot any problems and better serve content. FYI, real cookies are used to lure fairy tale children into gingerbread houses and the outcome is not so sweet.

We work to ensure that the personally identifying information you do intentionally provide us remains private. We will not sell, rent, or trade the personally identifying information you provide to anyone outside of Cher Design unless we are required to do so by law. Please be aware, however, that it may be possible for others to read messages that you send over the internet, so do not send by electronic communication any information that you would like to keep confidential.

Restrictions On Use Of Materials

This site is owned and operated by Cher Design. No material from www.twoxfour.com may be copied, modified, sold, reproduced, republished, uploaded, posted, transmitted, tattooed onto your body or distributed in any way or in any manner or medium without written consent from an officer of Cher Design. If you receive written consent from an officer of Cher Design then you can use the material provided you keep intact all copyright and other proprietary notices. The following copyright notice must appear in every copy or reproduction of ANY material found on this site.

© 2024 Cher Design
Used With Permission.
All Rights Reserved.

ANY modification or use of the materials for any other purpose is a violation of Cher Design's copyright and other proprietary rights. Unless otherwise stated, all trademarks, service marks, and trade names are proprietary to Cher Design. So, no changing our stuff—we like it just the way it is. Just sayin'.

Software

The material in this site is provided for lawful purposes only. Any third party software made available for downloading, copying or use through this site is proprietary to the individual or entity making such software available. Unless otherwise noted neither the title nor the intellectual property rights of the software, including all files, and images, contained in or generated by the software, are transferred to you. Which means don't use it because it's stealing. Downloading, copying or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the software to a human perceivable form. See, messing around with software and can get ugly.

Intellectual Property Notice

Our Site features trademarks, copyrights and other intellectual property-which are the property of or are licensed to Cher Design. This site also contains trademarks, copyrights and other intellectual property rights of third parties, including our really awesome clients. All such rights are proprietary to their respective owners. Users are prohibited by law and these conditions from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this site for commercial or public purposes. Except as specifically permitted in accordance with the terms and conditions governing use of this site, any use of such trademarks or trade names is strictly prohibited without the express written permission of these owners. You can, however, write a poem about your experiences with our site if you wish. Just don't perform it publicly.

Limitation Of Liability

Every user who visits our site does so at his or her own risk. The materials in this site are provided "as is" and without warranties of any kind, either express or implied, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither Cher Design, nor any other party involved in the creation, production or delivery of this site or whose materials, or information appear in this site, will not be liable for any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors or the inability to use the materials in this site, even if there is negligence on Cher Design's part or an authorized Cher Design representative has been advised of the possibility of such damages, or both. (WOW, let's be honest, there is nothing funny about that last sentence.) The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. In that event, Cher Design's total liability to you for all losses, damages, and causes of action (in contract, tort, including without limitation, negligence or otherwise) will not be greater than the amount you paid to access this site.

Links

This site may include links to other websites operated by parties other than Cher Design. Cher Design is not responsible and assumes no responsibility for the contents of any non-Cher Design linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The internet websites to which links are provided in this site are not under the control of Cher Design. Access to any other Internet sites linked to the site is at the user's own risk. In addition, the existence of a link between this site and any other Internet website is not and shall not be understood to be an endorsement or review by Cher Design of any material, website policies, substance, information or of the owner or proprietor of the linked internet website, and such link shall not imply nor create any relationship nor endorsement between Cher Design and the owner or proprietor of such linked website.

In short, yes, we are most awesome here at Cher Design, but we are NOT in control of the entire world wide web. So, you're gonna have to give us a pass on any links that lead to a bad experience. Big thank you ahead of time.

Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringment

Cher Design may, in appropriate circumstances and at its discretion, disable and/or terminate the access of users who infringe the intellectual property of others. Don't let this happen to you!

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Cher Design's Copyright Agent with a Notice containing the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Cher Design's Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached via email at webadmin@cherdesign.agency or via mail at Cher Design, Attention: Intellectual Property Concerns, 10 North Dearborn Drive, Suite 1000, Chicago, Illinois 60602 (312.381.0100).

Unsolicited Ideas

Please note that it is a policy of Cher Design not to accept or consider unsolicited creative, production-related or other materials of any kind. We develop the concepts and ideas for use in advertising, promotion, public relations and whatever else is appropriate to promote the products and services of our clients. In essence, we are in the idea business, so consequently if you send us ideas it kinda screws up our business. You see, you might have a great idea for one of our clients. Like, a fabulous idea. But what if we already had that idea but just haven't executed it yet? It could happen. And, in fact, it does happen. So, to avoid the appearance that we stole your idea—which we most certainly did not—we do not accept unsolicited ideas from anyone and that includes Cher Design employee mother-in-laws. (You'd be amazed at the number of mother-in-law generated ideas we get.)

So PLEASE, we beg you, do not send us any stories, pictures, photos, drawings, poems, jingles, songs, promotions, ads, artwork, music, or any other creative ideas for any reason.

But alas, despite our begging, some of you will still choose to submit unsolicited materials. So for you stubborn people, please KNOW that ALL such submissions to Cher Design through this Site will become the property of Cher Design forever. Cher Design will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas for our clients) and will not incur any liability as a result of any similarities that may appear in future Cher Design operations. Without limitation, Cher Design will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Cher Design will be entitled to use the Submission for any purpose whatsoever without compensation to you or any other person sending the Submission. So best if you don't send us stuff without written permission from our President, David Stevenson. You can write him requesting his permission at: Cher Design Attn: David Stevenson, President, 10 North Dearborn Drive, Suite 1000, Chicago, Illinois 60602. But, unfortunately, he rarely does the whole written permission thing given his general grumpiness. Oh and WHATEVER YOU DO, do not call or email him, because if you do, you will certainly NOT be granted permission.

Termination

Cher Design may amend or terminate these terms at any time for any reason, with or without notice. Unless specifically terminated by Cher Design, these terms remain in effect for all use made of this Site. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under the terms of these terms or otherwise. We suggest a bonfire.

Miscellaneous

These terms shall be governed by and construed in accordance with the laws of the State of Illinois, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cook County, Illinois, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. That includes all the hilarious comedic writing found herein. Cher Design can revise these Terms and Conditions at any time by updating this posting. Cher Design may be contacted by writing to 10417 S 81st Ct, Palos Hills, IL 60465Terms & Conditions

This legal statement contains the terms and conditions which govern the webSite located at www.Cher Design.com (the “Site”) which is owned by Cher Design, LLC (“Cher Design”) Your use or access to the Site constitutes your agreement with these Terms and Conditions. Do not access or otherwise use this Site if you do not agree with the terms as stated below. In consideration for use of this Site, you agree to the following terms and conditions:

  1. Cher Design does not represent or endorse the accuracy or reliability of: any of the information, content or advertisements contained on, distributed through or linked, downloaded or accessed from this Site; the quality of any products, information or other materials or services displayed or obtained by you as a result of your use of this Site; any Cher Design materials, service or system, or any advertisement or any other information or offer contained on this Site. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. Cher Design reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in this Site or any Cher Design material, service or system.
  2. Use by you of the Site as well as the materials, services or system is subject to all applicable laws and regulations and these disclaimers and standard conditions, all of which are subject to change and revision from time to time without prior notice. From time to time, Cher Design may (a) supplement or make changes to these standards, its rules of operations, access procedures, documentation and security procedures or features, (b) change the type and location of Cher Design’s system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in any Cher Design database, material, service or system.
  3. Without Cher Design’s prior written consent, which consent may be given or withheld in Cher Design’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any Cher Design database, material or service or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to Cher Design’s, materials, services or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use any Cher Design database(s) (or information contained therein) which you access in violation of, or post any information to any Cher Design owned or licensed database which violates any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any Cher Design database, materials or documentation, or any part thereof or information contained therein in whole or in part, except as permitted by Cher Design; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of Cher Design’s software, materials or system, or the selection, coordination or arrangement of products or services in any Cher Design database or system.
  4. You are responsible for obtaining, installing and maintaining all computer and communications equipment (including personal computers and modems), software, Internet access and communications services necessary to access and use the Cher Design, materials, services and system to which you are permitted access, as well as that necessary to conduct electronic commerce using electronic data interchange or other electronic methods, as specified from time to time in these standard conditions of use.
  5. Cher Design reserves the right to terminate access or take other actions it reasonably believes necessary to comply with the law and Cher Design’s standard conditions and any client MSA or other agreement. Any access or attempt to access any Cher Design or client material, service or system, or any information contained in any database, for any purpose except as authorized by Cher Design is strictly prohibited.
  6. Access to the Cher Design, materials, services and system is available to you only during such hours that the Cher Design, services are operating, subject to down time due to maintenance, updates and revisions. Cher Design makes reasonable commercial efforts to ensure that the Cher Design system is available for use twenty-four (24) hours a day, seven days a week except for scheduled down time. Cher Design reserves the right in its sole discretion to deny access to any user.
  7. The Cher Design materials, services and system and all Cher Design programs, systems and documentation related thereto or used therewith including without limitation code, algorithms, methods of processing and any modifications or releases, as well as any originals and copies thereof in whole or in part, and all copyrights, trademarks, patents, trade secrets and other intellectual property rights therein, are proprietary and are and shall remain the valuable and exclusive property of Cher Design and its licensers and suppliers and may not be used except as specifically permitted by Cher Design.
  8. All materials and services provided by Cher Design or any of its licensors or suppliers, as well as any other third party programs, systems or data used with or through any Cher Design system, is provided “as is” and without warranty of any kind, and you hereby waive all other warranties relating thereto, including but not limited to any warranty of merchantability, fitness for a particular purpose or warranty against interference or infringement. neither Cher Design nor its suppliers, representatives or licensors will be liable for any damages of any kind or nature whatsoever resulting from your inability to make or maintain online connections to Cher Design by means of the internet. Cher Design does not warrant that any material or other service or the Cher Design system will meet your requirements, that the operation of any Cher Design material or other service or any third party programs, systems or data used with or through or provided by Cher Design, or any part thereof will be uninterrupted or error free or that any defects in such databases, materials or services or system will be or can be corrected. in no event shall Cher Design have any liability to you (including liability to any person or persons whose claim or claims are based on or derived from a right or rights claimed by you) with respect to any and all claims at any and all times arising from or related to the subject matter of this Site, in contract, tort, strict liability or otherwise. some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
  9. You assume the responsibility to take adequate precautions against damages to your systems or operations which could be caused by defects or deficiencies in the Site or any Cher Design material, service or system, or part thereof. You also acknowledge that electronic communications and databases are subject to errors, tampering and break-ins and that while Cher Design will implement reasonable security precautions to attempt to prevent such occurrences, Cher Design does not guarantee that such events will not take place. Your installation and inputs influence the output and errors in any electronic transmission or communication, and can result in substantial errors in output.
  10. The access to or use of some of the services or areas on the Site may require you to register with and/or become a customer of Cher Design. To register you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You agree to maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any registration information that is untrue, inaccurate, not current or incomplete, or if Cher Design has reasonable grounds to suspect that any such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. When you register, you will choose a username and password. You are entirely responsible for maintaining the confidentiality of your username and password and are solely responsible for all activity under your username and password. You may not use anyone else’s username or password and you must not permit others to use your username or password. Your access is limited to one user session; concurrent sessions using an identical username and password combination are prohibited. You agree to notify Cher Design immediately in the event you become aware of any unauthorized use of your username and/or password. Cher Design will not be liable for any loss that you may incur as a result of the misuse of a password or account, either with or without your knowledge.

You also are solely responsible for ensuring that any posting or communication made by or for you to a Cher Design system does not contain any virus or other computer software code or routine designed to disable, erase, impair or otherwise damage the system, software or data of any other user of the Cher Design databases, materials, services or system. you hereby agree to indemnify, defend and hold Cher Design and its vendors, representatives and licensors harmless from any liability, claim, cost or damage arising out of any claim or suit by any such user caused by such virus or code or subroutine.

  1. Neither Cher Design nor its vendors, representatives or licensors shall in any event be liable to you or to any third party for any lost profits, revenues, business opportunities or business advantages whatsoever, nor for any special, consequential, indirect or incidental losses, damages or expenses directly or indirectly relating to the use or misuse of any Cher Design material, service or system, any software or other computer software used therewith, the use or failure, non-compliance or limited availability of any product or service provided by any supplier, any information provided in the Cher Design system or any obligation under or subject matter of the Site, whether such claim is based upon breach of contract, breach of warranty, negligence, gross negligence, strict liability in tort or any other theory of relief, or whether or not Cher Design is informed in advance of the possibility of such damages.
  2. You shall defend, indemnify and hold Cher Design and its affiliates, members, officers, employees, agents, representatives, vendors and licensors harmless from any demands, claims, actions or causes of action, assessments, losses, damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and costs, arising from the unlawful or improper use of any part of the Site, materials, services or system, or by any third party access which is your fault or responsibility, or any other breach of these standard conditions by you or your employees, contractors or agents.
  3. All notices, demands and requests by you to Cher Design shall be given in writing addressed as follows: Cher Design, LLC 10417 S 81st Ct, Palos Hills, IL 60465 and shall be deemed to be duly given on the same business day if it is sent by electronic means or delivered by hand during regular business hours or on the next business day if sent or delivered outside such hours, or on the date of receipt if sent by pre-paid overnight, registered or certified mail.
  4. If any part or parts of these disclaimers or standard conditions are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these standard conditions of use affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Site, the Cher Design materials, services and system and any and all other matters between Cher Design and you related hereto shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Site or the Cher Design catalogs, databases, materials, services or system. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. You understand that Cher Design operates the Site from within the United States. By using the Site you agree that the venue for all disputes arising out of or relating to this Agreement shall be in the state and federal courts situated in Cook County, Illinois and you consent to the exclusive jurisdiction of such courts.
  5. Cher Design advises you to exercise discretion while browsing this Site and the Internet. Hyperlinks on this Site may direct you to sites containing information that some people may find offensive or inappropriate. Such linked sites may not be under the control of Cher Design and Cher Design makes no representations concerning any such sites which you may be access via a Hyperlink from this Site, and accordingly are not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Sites which may be accessible via a Hyperlink to or from this Site or for the Hyperlink itself. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of Cher Design. Cher Design is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Site is not and should not imply any endorsement by Cher Design of such linked Sites. When you access a non-Cher Design site, please understand that it is independent from Cher Design and that Cher Design does not have any control over the content on that site. With respect to any site you access via a Hyperlink from this Site, It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, and other items of a destructive nature. In no event will Cher Design be liable to any party or any direct, indirect, special or other consequential damages for any use of this Site, or with respect to any other hyperlinked site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if any of them are expressly advised of the possibility of such damages.
  6. You agree to comply with all applicable export laws, regulations and restrictions. Information Cher Design places on or makes available through this Site may contain references or cross references to Cher Design or third party products, programs and services that are not announced or available in your country. Such references do not imply that either Cher Design or such third party intends to announce or make available such products, programs or services in your country. Consult Cher Design or the applicable third party for information regarding any such products, programs and services. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
  7. This Site provides access to private/client areas. Each of these areas may be subject to additional terms and privacy policies as well as your other agreement(s) with Cher Design, which shall take precedence in the event of a conflict.
  8. RESTRICTED RIGHTS LEGEND. Any software which is downloaded from this Site or Cher Design system for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Contact Cher Design, LLC 10417 S 81st Ct, Palos Hills, IL 60465 U.S.A.
  9. All contents of this Site are: Copyright © 1997-2024 Cher Design, LLC or its members or licensors or suppliers and are protected by international copyright law. 10417 S 81st Ct, Palos Hills, IL 60465 U.S.A. All rights reserved. Last updated June 15, 2019. Contact Cher Design, LLC at Contact webadmin@Cher Design.com. with questions or concerns regarding the Site. 

PRIVACY POLICY

Introduction

Your privacy is important to us. We collect information to provide and deliver better service and customized content to our Users. This Privacy Policy is meant to help you understand how we collect and use your information. We are committed to protecting the privacy of our users and other contacts.

Scope

This Privacy Policy applies to all personal data processed by full-time and part-time employees, contractors, and partners doing business on behalf of our website, and business processes conducted by our website.

Definition of Terms

Specific to this Privacy Policy, we make reference to various business terms to describe our commercial activity. We define such terms as follows:

  1. Affiliate: An advertising partner
  2. Customer: An organization that interacts with our website’s audience. Interaction may take the form of advertising, information from a supplier, or sponsorship.
  3. Registered User: A user is a visitor for products or services.
  4. Third-Party Content: White papers, data, and other documents owned by content providers and made available to our website’s audience.

Information We Collect

When you become a User with us, we may collect the following personal data:

  1. Name and contact details
  2. User name
  3. Password
  4. Company name and address
  5. Country
  6. Job function
  7. Industry
  8. Subscription preferences
  9. Information about the device(s) you use
  10. Information about service usage
  11. Authentication data
  12. Location data
  13. Time zone
  14. Other information you provide to us

How We Use Information We Collect

We use (and where specified, shares) your personal information for the following purposes:

To provide support or other services We may use your personal information to provide you with support that you have requested. We may also use your personal information to respond directly to your requests for information, including newsletter subscriptions, webinar registrations, to forward your contact information to the appropriate resource for follow-up related to your interests, and other support requests.

To provide information based on your needs and respond to your requests We may use your personal information to provide you with new products, notices of new or enhanced products, product updates or releases, website features, or service developments.

To provide online forums Some services available on our websites permit you to participate in interactive discussions, post comments, opportunities, or other content to a bulletin board or exchange, or otherwise engage in networking activities. Some of these services are moderated; all may be accessed for technical reasons (for example, for improvements or fixes). We do not control the content that users post to these forums or social networks. You should carefully consider whether you wish to submit personal information to these forums or social networks and tailor any content you submit appropriately and in accordance with the relevant terms of use. You should also review any additional terms and conditions that may govern your use of these services, including terms related to sharing your personal information and receiving communications.

To select content, improve quality, and facilitate use of our websites We may use your personal information, including the information gathered as a result of site navigation and electronic protocols and cookies (including third-party cookies), to help create and deliver personalized content, improve website quality, track marketing campaign responsiveness, evaluate page response rates, conduct usability testing, and facilitate your use of our websites (for example, to facilitate navigation and the login process, avoid duplicate data entry, enhance security, and preserve information between sessions).

To communicate with you about a webinar We may communicate with you about a webinar. This may include information about the content, logistics, updates, and additional information related to the webinar.

To engage with third-parties We may share your personal data with third-parties in connection with services that these individuals or entities perform for or with us. These third-parties are restricted from using this data in any way other than to provide services for us or for the collaboration in which they and we are contractually engaged (for example, hosting our database or engaging in data processing on our behalf). These third-parties are carefully selected by us and obligated to keep your data secure.

To get feedback or input from you In order to deliver products and services of the most interest to our audience and Customers, from time to time, we may ask existing advertisers and Users to provide us with input and feedback (for example, through surveys, usability studies, and focus groups).

To Forward to a Friend We use third-party email addresses provided for the "email a friend" feature only for the purpose of sending newsletters, Product Alerts or webinar invitations to a subscriber-specified third-party, and for no other purpose.

Disclosure of Personal Information

When you become a User with this website, your contact information and details will not be shared with anyone other than our business and its Customers. Information you provide when registering for, or participating in, a webinar or downloading a white paper, may be shared with our Customer, the webinar or white paper sponsor. The sponsor may use this information in a manner that is common within their industry, e.g., contacting you with product information or to assess your interest in their products and services. The treatment of such information is subject to the privacy policies of the sponsor. The sponsor may contact you after the white paper download or webinar regarding updates or regarding related products and services. You should contact the sponsor directly if you have any questions about their use of your information.

How Can You Control Your Information?

We will only use your profile information for the purposes described in this Privacy Policy or subsequently authorized by you. If you do not want your information disclosed in this way, you must not register to view supplier content.

Users who prefer not to provide data requested for any of our registration processes do not need to register with us. While you can still view some of the content and use some of the services offered by our site without registering, certain products or services may not be available to you.

During our website and webinar registration process, we provide to users the option to opt-in or opt-out of receiving our email newsletters, Product Alerts, webinar promotional invitations, or emails from third-parties. Users who opt-in may also remove themselves from our email lists at any time through the edit profile pages or by following the instructions at the end of any email received from our family of products.

You can control the information we have about you and how we use it in several ways:

  1. Access and Updating of Information

Users may change information at any time and as often as necessary. Users who are experiencing problems with our services, or who have questions about how our services work, please contact us.

  1. Registration Password

Your profile information is password-protected to control access to this information by third-parties. We recommend that you do not divulge your password to anyone. We never ask for passwords in unsolicited phone calls or unsolicited emails. Remember to sign out and close your browser window when you have finished using any of our sites. This will prevent others from accessing your profile information, e.g., instances where you may share a computer with someone else or are using a computer in a public place such as a library or internet café.

To contact us regarding a privacy issue, please contact us. Where applicable, please be sure to include the site, or product so that we may better serve you.

Technical Information

We collect information about the services you use and how you use them (e.g., viewing a technical video, visiting an advertiser’s page on our site, or reading an article in the News & Analysis section). This information includes:

Device Information We collect device-specific information (e.g., hardware model, operating system version, unique device identifiers, and mobile network information).

Logging Practices This website automatically records the Internet Protocol (IP) addresses of visitors. The IP address is a unique number assigned to every computer on the internet. Generally, an IP address changes each time you connect to the internet (it is a "dynamic" address). Note, however, that if you have a broadband connection, depending on your individual circumstance, the IP address that we collect may contain information that could be deemed identifiable. This is because, with some broadband connections, your IP address doesn't change (it is "static") and could be associated with your personal computer.

We track pages visited on this website, the amount of time spent on those pages, and the types of searches done on them.

This website also captures and stores information that you transmit. This may include:

  1. Browser/Device type/version
  2. Operating system used
  3. Media Access Control (MAC) address
  4. Date and time of the server request
  5. Volume of data transferred

Unique Application Numbers Certain services include a unique application number. This number and information about your installation (for example, the operating system type and application version number) may be sent to us.

Local Storage We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.

Cookies and Web Beacons Cookies and web beacons are electronic placeholders that are placed on your device by websites to track your individual movements on that website over time. This website uses both session-based cookies (which last only for the duration of the user's session) and persistent cookies (which remain on your device and provides information about the session you are in and waits for the next time you use that site again).

These cookies and web beacons provide useful information to us, enabling us to recognize repeat users, facilitate the user's access to and use of our sites, allows us to track usage behavior, and to balance the usage of our websites on all our web servers.

Tracking cookies, third-party cookies, and other technologies such as web beacons may be used to process additional information, enable non-core functionalities on this website and enable third-party functions (such as a social media "share" link). We may also include web beacons and other similar technology in promotional email messages to determine whether the messages have been opened.

Third-Party and Co-branded Web Sites Some Third-Party Content made available through other organizations is maintained on the website of the content provider, and not on our site. This means that when you click through to that Third-Party Content, you will be leaving this website. It will be clear to you when this happens, as the look and feel of your web page will change, and the URL will no longer refer to a website owned and operated by us.

Our websites may contain links to other websites. We are not responsible for the privacy practices or the content of such sites. Users should be aware of this when they leave our site and review the privacy statements of each website they visit that collects information. This Privacy Policy applies solely to information collected by us.

Disclosure of Anonymous, Aggregated Information We provide summary reports to our Affiliates, Customers and other third-party suppliers, advertisers, and service providers, based on our analysis of clickstream data. This aggregated information is anonymous and does not disclose any personal data about individual users.

Legal and Regulatory Information

Personal Data about Minors and Children This website does not knowingly collect data from or about children under sixteen (16) years of age without the permission of parent(s)/guardian(s). If we learn that we have collected personal information from a child under age 16, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under age 16, please contact us.

Collaboration with Authorities We have appointed and mandated a privacy officer who represents the regulatory authorities inside of our organization, and in return represents the organization to regulatory authorities.

The privacy officer will ensure proper communication with the relevant regulatory authority for privacy. The privacy officer will lead investigative action, complaint handling, and data breach notification. The privacy officer will also monitor regulatory changes and consult the regulatory authority where implementation of a regulatory or technological change leads to doubt.

We reserve the right to share your information to respond to duly authorized information requests of governmental authorities or where required by law.

Transfer of Information to Other Countries As a global organization, we engage in a number of international activities. In connection with the management of those activities, we may transfer information to other countries. By submitting your information to us via our websites, or in connection with your interactions with us offline, you consent to such transfers and to the processing of this information in other countries.

Your California Privacy Rights Under California Civil Code Section 1798.83 (also known as S.B. 27), if you are a California resident and your business relationship with us is primarily for personal, family, or household purposes, you may request certain data regarding our disclosure, if any, of personal information to third parties for the third-parties’ direct marketing purposes.

Your European Union Privacy Rights Under the General Data Protection Regulation (Regulation EU 2016/679) (also known as GDPR), if you are an individual protected by the GDPR you may have certain rights as a data subject. Please note additional information may be requested prior to initiation of a request and that we reserve the right to charge a fee with respect to certain requests. Upon our completion of its review, you will be notified if your request has been granted, denied, or exemptions apply.

Business Transfers If all or part of this website is sold, merged, or otherwise transferred to another entity, the profile information and activity data that you have provided to us may be transferred as part of that transaction.

How Will You Know If Our Privacy Policy Has Changed?

This website, in its sole discretion, reserves the right to update its Privacy Policy from time to time. If we make any material changes we will notify you by email if you have an account, or by means of a notice on this website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Terms of use

  1. ACCEPTANCE OF TERMS Welcome. We provide our services to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
    You can review the most current version of the TOS at any time here.
    In addition, when using particular our services, you and us shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
  2. DESCRIPTION OF SERVICE We currently provides users with access to a rich collection of on-line resources, including, various communications tools, software, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any communications or data unless explicitly stated elsewhere.
    In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You must be at least 18 years of age to access and use our services.
  3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself and your company as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). We are not liable for any resulting loss of service due to untruthful or incomplete information.
    We are concerned about the safety and privacy of all its users, particularly minors. For this reason, parents, or the legal guardian of minors who wish to allow their children access to our resources must agree to supervise, and otherwise completely indemnify us of any content the minor may come into contact with during operation of our service. Please remember that the Service is designed to appeal to a mature business audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
  4. PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. For more information, please see our full privacy policy.
  5. MEMBER 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 are fully responsible for all activities that occur under your password or account. You agree to: 
    1. immediately notify us of any unauthorized use of your password or account or any other breach of security.
    2. ensure that you exit from your account at the end of each session.
  1. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Furthermore weare not responsible for any damages, which may occur to you, your community standing, or your business in the event of a known or unknown person(s) gain unauthorized access to your account.
  2. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. We do not always control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service.
    You agree to not use the Service to: 
    1. Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
    2. Harm minors in any way
    3. Impersonate any person or entity,; including, but not limited to, an official from our company, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
    4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service
    5. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
    6. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party
    7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose
    8. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or that may interfere with or disrupt the normal flow and operation of any system.
    9. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
    10. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated be the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
    11. "Stalk" or otherwise harass another individual
    12. Collect or store personal data about other users of this service
  1. You acknowledge that we do not pre-screen Content, but that we and our designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in our company and in all parts of the Service.
    You acknowledge and agree that we 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: 
    1. comply with legal process;
    2. enforce the TOS;
    3. respond to claims that any Content violates the rights of third-parties;
    4. protect the rights, property, or personal safety of us, our users and the public.

  1. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  2. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules in your jurisdiction regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from or to the United States or the country in which you reside.
  3. INDEMNITY You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
  4. NO RESALE OF SERVICE 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.
  5. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, maximum sizes of images, total number of products, sales history, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
  6. MODIFICATIONS TO SERVICE We reserve 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. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  7. TERMINATION You agree that we, in our sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also in our sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Service.
  8. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
  9. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
  10. OUR PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
    We grant you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service, or by through interfaces which have been appropriately licensed and endorsed by us.
  11. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 
    1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  1. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
  2. INDEMNIFICATION OF ILLEGAL ACTIONS By using our services you represent that the goods or services you promote on our website belong to you, and that such items were obtained legally, through sanctioned reputable channels, and that such goods or services are legal in your jurisdiction, and that you have the authorization by all necessary government or regulatory boards to sell, issue, authorize, or otherwise transfer said goods and services. Furthermore you represent that you will take all necessary measures to insure said goods or services do not reach areas, or individuals who are not allowed to own, handle, or otherwise poses such goods or services. Furthermore you represent you will take reasonable steps to insure that said goods or services do not transit an area where said goods and services are illegal or prohibited, unless explicitly allowed through other applicable laws such as in the case of interstate commerce. And that in the case of dangerous goods, all necessary preparations were made to avoid any accidental release, leakage, discharge, or other action which may expose persons responsible for shipping, transporting, or receiving goods any harm. You further agree to indemnify us, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your sale and transportation of goods and or services.
  3. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
  4. TRADEMARK INFORMATION Our trademarks are all rights reserved
  5. COPYRIGHTS and COPYRIGHT AGENTS We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: 
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    2. A description of the copyrighted work that you claim has been infringed.
    3. A description of where the material that you claim is infringing is located on the site.
    4. Your address, telephone number, and email address.
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
    6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  1. UNLIMITED TRAFFIC POLICY We are pleased to offer our clients unlimited Web page traffic. To maintain the integrity of our service the following limitations apply: 
    1. Sites which offer offsite links to purchase products/services which are considered "non-trackable" sales.
    2. Sites which attempt to circumvent our ability to record and track sales.
    3. Sites housing multiple directories with unrelated information not directly related to the sale of a product.
    4. Multiple hosts resolving at an ip or domain name that we provide.
    5. Sites with Banners, graphics or cgi's running from their domain used on other domains.
    6. Sites with large graphic archives or galleries (non-product related)
    7. Sites offering downloads or archives, such as .mp3, .wmf, .avi, .zip, .tar, .ra and .GZ.
    8. Sites using more than 5% of system resources
    9. For those that do not qualify for the unlimited service, will be invoiced at a rate of $50 gigabyte. with a minimum of 2 gigabytes of traffic.
  1. We will be the sole arbiter as to what constitutes a violation of this provision.
  2. SEARCH ENGINE POLICY Our test sites are all hosted under our domain name, and using IP addresses assigned to us by the American Registry for Internet Numbers (ARIN). Some search engines may not distinguish that each site is separate and therefore the actions of one customer, can affect all customers. For this reason we have developed a strict policy regarding Search Engine "Spamming" techniques. Customers are explicitly prohibited from: 
    1. Cloaking - creating deceptive pages which attempt to trick search engines into giving higher ranking.
    2. Writing text or creating links that can be seen by search engines but not by visitors.
    3. Participating in link exchanges for the sole purpose of increasing your ranking in search engines.
    4. Sending automated queries to Google in an attempt to monitor your site's ranking.
    5. Use programs that generate lots of generic doorway pages.
  1. GENERAL INFORMATION The TOS constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and us shall be governed by the laws of the USA without regard to its conflict of law provisions. The failure of us to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 the TOS 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 the TOS must be filed within one (1) week after such claim or cause of action arose or be forever barred.
    The section titles in the TOS are for convenience only and have no legal or contractual effect.
  2. VIOLATIONS Please report any violations of the TOS to us.
  3. TERMINATION (CANCELLING SERVICES) Usage of this service constitutes acceptance ofour Policy in order to terminate this service. 
  4. LIMITATION OF DAMAGES Under no circumstances shall any court award damages exceeding the actual amount invoiced [if by us], or paid [if by client], plus $1.00.
  5. BINDING ARBITRATION In the event a dispute arises between two parties that are subject to this Terms of Service, it is hereby agreed that both parties will submit to mediation, and failing an acceptable result, both parties shall submit to binding arbitration. All mediation and arbitration shall be performed within the countyour business residesand either party may choose to electronically attend.
    The mediation and arbitration shall be conducted in accordance with the applicable United States Arbitration and Mediation Rules of Arbitration. The arbitrator's decision shall be final and legally binding and judgment may be entered thereon.
    Each party shall be responsible for its share of the mediation, and arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with the arbitrator's award, the other party is entitled to costs of suit, including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.