This online promotional materials web site (the “Site”), is provided by Imagine Fulfilment (the “Provider”) in conjunction with Synchrony Financial. It has been created for Synchrony Financial employees and approved contractors only and use by any outside entities or individuals is prohibited.
The Site may be used only for the following purposes: obtaining information about Promotional Materials; purchasing Promotional Materials with personal or Synchrony Financial provided procurement credit cards (per Company guidelines); and if users choose to create an account, reviewing the status of your orders online and maintaining a personal 'address book' of shipping and billing contacts.
By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice as well as all other policies described in the Site. If you do not agree to abide by these terms and conditions or any future terms and conditions, please do not use the Site, download materials from the Site, or purchase Promotional Materials from the Site.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with the Provider or Synchrony Financial, including the credit card agreement for a Synchrony Financial provided procurement credit card.
LIMITED LICENSE:
Subject to the terms and conditions set forth in this Agreement, the Provider grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon.
The Provider authorizes you to view and download the information and images (“Materials”) at the Site only for your use in connection with purchasing Branded Merchandise. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions:
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you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials;
you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and
you must not transfer the Materials to any other person.
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You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, the Provider does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
USER CONDUCT:
In using the Site, you agree:
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not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked web sites;
not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Sites;
not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
not to use or attempt to use or access another person's account or personal information, or create or use a false identity on the Site;
not to attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and
not to use any robot, spider or other automatic device, or manual process to monitor, extract, collect, harvest or copy the web pages or any data or data fields contained at the Site including, but not limited to, personally identifiable information of any other user of the Site.
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In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state and federal laws and regulations, that relate to your use of or activities on the Site.
DISCLAIMER:
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE PROVIDER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE PROVIDER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE PROVIDER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THE PROVIDER DOES NOT MAKE ANY WARRANTY THAT YOUR USE OF THIS SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. THE PROVIDER ASSUMES NO RESPONSIBILITY FOR DAMAGES THAT MAY BE SUFFERED BY YOU, INCLUDING, BUT NOT LIMITED TO, LOSSES FROM DELAYS, NONDELIVERIES OF CONTENT OR ANY COMMUNICATIONS, ERRORS, SYSTEM DOWN TIME, MISCOMMUNICATIONS, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF THE PROVIDER, ITS AFFILIATES, SUBSIDIARIES AND LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS.THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY PROMOTIONAL MATERIALS MADE AVAILABLE ON THE SITE, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD-PARTY SITES:
As a convenience to you, the Provider may provide, on the Site, links to web sites operated by other entities. If you use these sites, you will leave the Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Provider makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that the Provider or the Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the Provider or any of its affiliates or subsidiaries.
INFORMATION PROVIDED BY YOU:
The Provider does not want you to, and you should not, send any confidential or proprietary information to the Provider via the Site, except for your credit card and billing information to complete transactions. You agree that, except as provided in the Provider’s Internet Privacy Policy, any information or materials that you or individuals acting on your behalf provide to the Provider will not be considered confidential or proprietary. By providing any such information or materials to the Provider, you grant to the Provider an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, except as limited by the Provider’s Internet Privacy Policy, and you further agree that the Provider is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to the Provider. You further recognize that the Provider does not want you to, and you warrant that you shall not, provide any information or materials to the Provider that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
LIMITATION OF DAMAGES/WAIVER:
IN NO EVENT SHALL THE PROVIDER OR SYNCHRONY FINANCIAL OR ANY OF THEIR RESPECTIVE AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF THE PROVIDER OR SYNCHRONY FINANCIAL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You release, discharge and hold harmless the Provider and its Affiliates and their respective directors, officers, employees and agents from any and all liability, claims or causes of action (known or unknown) arising out of our or their negligence in connection with the Site, including, without limitation, liabilities arising out of information posted on the Site or otherwise provided by the Provider. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS WAIVER AND RELEASE PARAGRAPH AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU ARE WAIVING ANY RIGHT THAT YOU MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST US OR THE OTHER PARTIES SET OUT ABOVE FOR OUR OR THEIR NEGLIGENCE.
Telephone and Communication Charges and Equipment: You acknowledge that you have the appropriate computer equipment and Internet access to use the Site and understand that your use of the Internet may incur certain operational costs such as monthly fees for a service provider. You are solely responsible for any and all telephone and other communications charges and equipment costs relating to your use of the Site. All transmissions by you via the Site shall be at your sole risk and the Provider will not be responsible for any communications line failure, equipment or systems failure or other such occurrence.
CHANGES:
The Provider reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes.
The Provider may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Provider may remove, modify or otherwise change any content, including that of third parties, on or from the Site. The Provider also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. The Provider may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials. The Provider may terminate your use of the Site at any time in its sole discretion.
INTERNATIONAL USE AND CHOICE OF LAW:
The Site is controlled, operated and administered by the Provider from its offices within the United States of America. Access to the Site from territories where its contents are illegal is prohibited. This Web Site Usage Agreement shall be governed by the laws of the State of North Carolina and the federal laws of the United States of America, without giving effect to their conflict of laws provisions. For all disputes arising from or related to the Site, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in North Carolina.
This Agreement constitutes the entire agreement between the Provider and you with respect to the terms of usage for the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
PRIVACY POLICY:
The Provider has a Privacy Policy that describes the types of information that the Provider collects when you visit the Site and how the Provider uses that information.
Copyright Notice.
Except as otherwise noted on this web site, the contents of this web site are copyrighted © 2022 by Synchrony Financial and Imagine Print Group. All rights are reserved. No part of the materials on this web site, including web site text, graphics and html code, may be reproduced or transmitted in any form by any means without the express written consent of Synchrony Financial and Imagine Print Group.
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