Please read these terms and conditions carefully. By using this website or any other service offered by BrandSpot, you agree to abide by these terms and conditions. In addition, by using content or signing up to purchase a BrandSpot offering (“offering”) and/or using any of BrandSpot services including but not limited to visiting BrandSpot’s website, you agree to the following Terms.

These Terms may be changed by BrandSpot in the future. Your continued use of the Services after any such changes constitutes your acceptance of the new or modified Terms.

Any reference to “BrandSpot” or “we” in these Terms refers to BrandSpot, a corporation organized under the laws of Ontario, Canada.

A “BrandSpot Member” for the purpose of this document is any individual who has purchased a service, subscription, product, or created an account with brandspot or filled out our contact form. These Terms govern your relationship with BrandSpot with respect to your use of the Services, including your purchase on or through the BrandSpot website or mobile application of any offer, benefit or privilege that is advertised on the website, mobile application or through email or social media in connection with the BrandSpot Membership and is made available by or through a third-party supplier (each, a “Supplier”).

Account Creation

BrandSpot Membership is for individuals of legal age only. In order to utilize specific features and take advantage of the website functions or services offered by a BrandSpot Membership, individuals may need to create an account. Persons under the age of 18 are not eligible to register for, purchase, cancel or modify any Services.

Each Member must provide certain requested information in order to register and create an account - at a minimum, your name and email address. Payment information will be maintained in the Member’s account by BrandSpot’s third-party payment processor, Hubspot and Stripe. All information provided by a Member in their Membership account must be valid, accurate and up to date at all times. It is your responsibility to maintain the currency, completeness and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. You agree to notify BrandSpot immediately of any unauthorized use of your account. You are responsible for maintaining the secrecy of your login and password. BrandSpot is not liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

By subscribing, purchasing or otherwise accepting any Products or Services through BrandSpot, a Member acknowledges and understands that some or all of their information, including contact information, may be shared with participating Suppliers (including, for example, payment providers such as HubSpot) and processed according to their data policies. This sharing is generally pursuant to written agreements that include confidentiality, privacy and security obligations; however, Members understand that BrandSpot does not control the privacy practices of these third-party Suppliers. If a Member has questions about BrandSpot’s collection, use or disclosure of a Member’s data, the Member should consult the Privacy Policy.

To the extent that we need to contact you, you agree that we may do so via any electronic means, including but not limited to communications posted through the Services or in your Membership account, through electronic mail, text message or by telephone.

Payments

Payment occurs at the time of purchase. You agree to pay the price stated at the time of your order, as well as any applicable taxes. All prices are in Canadian, United States Dollars or another currency specified by BrandSpot at the time of purchase, which may depend on your billing address. Applicable taxes may vary based on the jurisdiction. We may not be able to notify you in advance of changes in applicable taxes. You authorize BrandSpot and/or any of its payment processors (such as HubSpot) to charge your purchase at the time of purchase.

Returns and Refunds

Should you require a refund or a return of a downloadable product, please contact [email protected] Same-day refunds can be processed if purchase was an error but due to our knowledge-based products, no returns will be provided after 24 hours.

If you are not happy with services provided by the BrandSpot team, accommodations for refunds or partial refunds may be made in discussion with the team.

Limitations

• BrandSpot will provide marketing strategies to assist you in growing your business. If your team does not provide the correct information in a timely manner, or does not provide the recommended time to understand success we cannot guarantee the success of the recommendation.

Suspension/Termination by BrandSpot.

BrandSpot may immediately terminate or suspend your Membership and/or your access to the Services without notice if: (a) your payment is not completed; (b) you provide false or inaccurate information; (c) you violate these Terms, the BrandSpot Privacy Policy or any other rules or agreements in effect; (d) you engage in conduct that is a violation of any applicable law or regulation (including, without limitation, copyright and intellectual property laws). (e) you engage in inappropriate behaviour, foul language or harassment of BrandSpot members or staff.

If we terminate or suspend your BrandSpot membership, your license to use any software, content or other Services provided in connection with the Membership is also terminated or suspended (as applicable). If your Membership is terminated, BrandSpot has the right to immediately delete all data, files, and other information stored in or for your account without further notice to you.

Billing Authorization.

You may be asked to provide a payment method (such as a credit, charge or debit card number) that we accept in order to pay for products or services on BrandSpot, along with other payment information. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our payment processors and any other companies who act as billing agents for us. You authorize the issuer of your selected payment method to pay any amounts described herein without requiring a signed receipt, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither BrandSpot, nor any BrandSpot agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

Third-Party Payment Processors.

You agree to pay us, through our payment processors (such as HubSpot) or financing partners (as applicable), all charges at the prices then in effect for any purchase in accordance with the applicable payment terms presented to you at the time of purchase. You agree to make payment using the payment method you provide when you set up your Membership account. We reserve the right to correct, or to instruct our payment processors or financing partners to correct, any errors or mistakes, even if payment has already been requested or received.

Bill Inquiries and Refunds.

f you believe you have been billed in error, please notify us within 30 days of the billing date by contacting Customer Service by emailing: [email protected] We will issue refunds only if notified within the 30-day period and only for true errors in billing, in BrandSpot’s sole discretion, or where required by mandatory applicable law.

Intellectual Property

Copyright

By using the Services, you acknowledge that all content included in the Services, including the information, data, software, photographs, video, typefaces, graphics, logos, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, “Content”) and the arrangement and compilation of the Content provided or supplied by BrandSpot or any of its agents are intellectual property and copyrighted works of BrandSpot or its service providers and that BrandSpot or the relevant service provider reserve all rights thereto unless specifically stated by BrandSpot. None of the Content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of BrandSpot or the respective copyright owner. Permission is granted to access the Content provided for as part of the Services for personal, non-commercial and informational use only; provided that you may not, without the permission of BrandSpot or the respective copyright owner, (a) copy, publish or post any Content on any computer network or broadcast or publications media, (b) modify the Content or (c) remove or alter any copyright or other proprietary notices contained on or in the Content. For content that is created specifically for you and your marketing usage, you will be provided an unlimited license for usage and will be free to use this content as designated by the agreement.

Trademarks

BrandSpot, the logo and the products and services provided by BrandSpot, are either trademarks or registered trademarks of BrandSpot and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BrandSpot. In addition, all website headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of BrandSpot, and may not be copied, imitated or used, in whole or in part, without the prior written permission of BrandSpot. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Content or the Services are the property of their respective owners.

Licenses and Access to Services

BrandSpot grants you a limited, personal, nontransferable, non-sublicensable, revocable license to make personal use only of the Services in accordance with these Terms. Such grant does not include, without limitation: (a) any resale or commercial use of the Services or Content; (b) making derivative uses of the Services or the Content; or (c) use of any data mining, robots or similar data gathering and extraction methods.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL BRANDSPOT OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING BRANDSPOT CONTENT OR RELATED SERVICES (COLLECTIVELY THE "EXEMPT PARTIES") BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COMPENSATORY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AN EXEMPT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, THE SUPPLIERS ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE EXEMPT PARTIES. YOUR INTERACTIONS WITH SUPPLIERS ARE AT YOUR OWN RISK. BRANDSPOT WILL HAVE NO LIABILITY WITH RESPECT TO THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUPPLIER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM YOUR INTERACTIONS WITH ANY SUPPLIER. BRANDSPOT IS NOT RESPONSIBLE AND ASSUMES NO LIABILITY FOR SERVICES THAT SUPPLIERS PROVIDE OR FAIL TO PROVIDE. BRANDSPOT IS NOT RESPONSIBLE FOR THE TERMS AND CONDITIONS, PRODUCTS, SERVICES OR MEMBERSHIP REQUIREMENTS OF, OR ANY OTHER ASPECTS OF, THE PROGRAMS OFFERED BY SUPPLIERS. THE EXEMPT PARTIES SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

Supplier Terms

In connection with your Membership and the Services, BrandSpot may recommend Suppliers so as to purchase their products and/or services. BrandSpot is not the supplier of any product or service provided by a Supplier, and your contract for the purchase and supply of any product or service from such Supplier will be directly between you and the applicable Supplier and BrandSpot assumes no liability or responsibility for the proper performance of the Supplier’s service or the quality of the product supplied by Supplier or its fitness for purpose, or any of Supplier’s other acts or omissions.

If you make an affiliate purchase, you agree to review and be bound by, and acknowledge and agree that the provision of any products or services will be subject to, the applicable Supplier’s terms and conditions, as well as any of the Supplier’s other rules of purchase, examples of which may include the Supplier’s website terms, privacy policy and product-specific terms (the “Supplier Terms”). Notwithstanding the foregoing, to the extent that the Supplier Terms conflict with these Terms in respect of your legal relationship with BrandSpot, these Terms shall prevail between you and BrandSpot. You agree that BrandSpot is not an agent of any Supplier and that the Suppliers operate independently. You agree that BrandSpot does not assume any liability, obligation or responsibility for any Supplier’s offer or promotion, and is not responsible for changes to, or discontinuance of, any products or Suppliers from the BrandSpot Membership.

Indemnification

You agree to indemnify and hold harmless BrandSpot, its affiliates and its and their shareholders, directors, officers, employees, contractors and agents (the "Covered Parties") from and against any and all claims, causes of action, demands, losses, fines, penalties, damages or other costs or expenses of any kind or nature (including attorneys’ fees, expert fees and accounting fees) (“Claims”) made or incurred or brought by any third party arising out of or relating to (i) your conduct, (ii) your use of the Services, (iii) your breach of this Agreement constituted by these Terms, or the documents referenced herein, or (iv) your violation of any law or the rights of a third party.

Electronic Notifications

You consent to receive notifications from us electronically to the email address you provide to us. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THE SERVICES AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT BRANDSPOT DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, BRANDSPOT AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICES. NO WARRANTY OR GUARANTEE IS MADE THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THE SERVICES. PRICES AND AVAILABILITY ARE SUBJECT TO CHANGE AT ANY TIME PRIOR TO PURCHASE. BRANDSPOT DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE TRAVEL PRODUCTS DISPLAYED THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, BRANDSPOT EXPRESSLY RESERVES THE RIGHT TO UPDATE PRICES AT ANY TIME AND/OR CORRECT ANY PRICING ERRORS DISPLAYED OR MADE AVAILABLE THROUGH THE SERVICES.

BRANDSPOT DOES NOT MAKE ANY WARRANTY THAT THE SERVICES OR THEIR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. BRANDSPOT DOES NOT REPRESENT OR WARRANT THAT MATERIALS DISPLAYED ON OR AVAILABLE THROUGH THE SERVICES OR INFORMATION PROVIDED BY BRANDSPOT THROUGH ITS SERVICES INCLUDING BUT NOT LIMITED VIA EMAIL ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES BRANDSPOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BRANDSPOT OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICES.

BRANDSPOT ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF BRANDSPOT, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.

BRANDSPOT ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS FROM NON-DELIVERY OF SERVICES PURCHASED FROM AFFILIATE COMPANIES LISTED ON BRANDSPOT SUCH AS (BUT NOT LIMITED TO) MARKETING CONSULTANTS, SERVICES, TECHNOLOGIES OR PLATFORMS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO BRANDSPOT AND THE COMPANY HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Registrations

BrandSpot is a registered business of Ontario, Canada.

Last Updated: 02/24/2024