Brandmarch Terms of Service

Last Modified: September 2, 2024

1. Acceptance of Terms

Welcome to Brandmarch, a platform designed to provide brokers, tenant representatives, landlords, and service providers with essential information on the top high streets, shopping centers, and brands across the USA. By accessing or using our services, you agree to be bound by these Terms of Service (the “Terms”), which form a legally binding agreement between you and Brandmarch Inc. (“Brandmarch,” “we,” “our,” or “us”). If you do not agree to these Terms, you may not access or use our services.

2. Services Provided

Brandmarch offers a variety of tools and services, including but not limited to, the ability to sponsor street profiles, shopping center profiles, brand profiles, advertise services, create user profiles, and list available spaces on high streets and in shopping centers (the “Services”). Brandmarch does not participate in the actual transactions between buyers, sellers, landlords, and brokers. We provide information and tools to facilitate these transactions, but we are not responsible for the content or the outcome of these transactions.

3. User Accounts

3.1 Account Creation:

To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Responsibility:

You are responsible for safeguarding your password and any other credentials used to access your account. You agree not to share your login information with others or allow any third party to access your account. You will be solely responsible for any activities or actions that occur under your account, whether or not you have authorized such activities or actions. You must immediately notify Brandmarch of any unauthorized use of your account.

4. User Content

4.1 Content Ownership:

You retain all rights to any content you upload or submit to Brandmarch, including but not limited to photos, biographies, and property listings (“User Content”). By submitting User Content, you grant Brandmarch a worldwide, non-exclusive, royalty-free license to use, display, reproduce, modify, and distribute your User Content for the purpose of providing and promoting the Services.

4.2 Content Responsibility:

You are solely responsible for all User Content you submit. You represent and warrant that you own or have obtained all necessary rights, consents, and permissions to use and to authorize Brandmarch to use your User Content. This includes, but is not limited to, securing appropriate licenses for any photos or images uploaded. You agree that you will not submit any User Content that infringes on the rights of others, violates any law, or is inappropriate in nature.

4.3 Content Restrictions:

Brandmarch reserves the right to remove or disable access to any User Content that violates these Terms, without prior notice.

5. Prohibited Conduct

By using our Services, you agree not to:
  • Violate any local, state, national, or international law.
  • Upload, post, or otherwise transmit any content for which you do not have the lawful right to do so.
  • Share or distribute login credentials to any third party.
  • Impersonate another person or misrepresent your affiliation with a person or entity.
  • Use our Services for any unauthorized or unlawful purpose.

6. Payments and Subscriptions

6.1 Paid Services:

Certain Services offered by Brandmarch may be subject to payment. If you choose to use a paid Service, you agree to pay the applicable fees as described on our website.

6.2 Billing:

Payment obligations are non-cancelable, and fees paid are non-refundable. Brandmarch reserves the right to change its pricing structure at any time. If you have a recurring subscription, you will be notified of any changes in pricing before your subscription is renewed.

7. Intellectual Property Rights

All content and materials included in our Services, including but not limited to text, graphics, logos, images, and software, are the property of Brandmarch or its licensors and are protected by applicable intellectual property laws. You may not use, copy, modify, or distribute any content from the Services without prior written consent from Brandmarch.

8. Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. By using our Services, you consent to the collection, use, and sharing of your personal information as described in our Privacy Policy.

9. Limitation of Liability

To the maximum extent permitted by law, Brandmarch and its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Services; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party.

10. Indemnification

You agree to defend, indemnify, and hold harmless Brandmarch, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your User Content; or (iv) your violation of any law or the rights of a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

11. Termination

11.1 Termination by You:

You may cancel your account at any time by contacting Brandmarch support at info@brandmarch.com. Upon cancellation, you will no longer have access to the Services, and any data associated with your account may be deleted.

11.2 Termination by Us:

Brandmarch may terminate or suspend your account and access to the Services at any time, without prior notice or liability, for any reason whatsoever, including, but not limited to, a breach of these Terms.

11.3 Effect of Termination:

Upon termination of your account, whether by you or by Brandmarch, your right to use the Services will immediately cease. All provisions of these Terms that, by their nature, should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution

12.1 Governing Law:

These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

12.2 Arbitration:

Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms to arbitrate, shall be determined by arbitration in [Insert Location], before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12.3 Class Action Waiver:

You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class or representative actions are not permitted. You agree that you may bring claims against Brandmarch only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13. Modifications to the Terms

Brandmarch reserves the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Services, or updating the “Last Modified” date at the beginning of these Terms. Your continued use of the Services after the changes become effective constitutes your acceptance of the revised Terms.

14. Miscellaneous

14.1 Entire Agreement:

These Terms constitute the entire agreement between you and Brandmarch regarding the use of the Services and supersede any prior agreements between you and Brandmarch regarding the Services.

14.2 Severability:

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

14.3 Waiver:

The failure of Brandmarch to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment:

You may not assign or transfer these Terms, by operation of law or otherwise, without Brandmarch’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Brandmarch may freely assign or transfer these Terms without restriction.

15. Contact Information

If you have any questions about these Terms, please contact us at info@brandmarch.com.

By accessing or using Brandmarch’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.