THIS WEBSITE IS OWNED AND OPERATED BY TRADE MARKETING & PROMOTIONS GROUP INC. (“TMPG/UNCOVER”, “WE”, “OUR” OR “US”).

 

THESE TERMS & CONDITIONS GOVERN YOUR USE OF THIS WEBSITE. BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO THE TERMS & CONDITIONS.  IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE.

 

We may make changes to the Terms & Conditions at any time without prior notice. Such changes will be reflected here. All such changes are effective immediately and, by continuing to access and use the Website, you agree to such changes.  We recommend that you review these Terms & Conditions from time to time to make sure you are aware of all such changes.

 

1. USE OF THE WEBSITE

 

You may only use the Website for personal, non-commercial purposes in accordance with applicable law.  All content available on the Website is provided solely for informational purposes and does not create a contractual relationship of any kind between you and TMPG/UNCOVER under any legal theory. TMPG/UNCOVER is not providing advice of any kind or rendering any professional services via the Website. 

 

In providing any information to the Website, you represent and warrant that such information is true, correct and complete to the best of your knowledge and belief.

 

You will not use indexing agents, spiders, bots, web crawlers, scrapers or any other automated data mining techniques to download, catalog, store, reproduce or distribute content made available on the Website.  You will not take any other action designed to interrupt, impede or interfere with the intended operation of the Website including but not limited to the ability of other persons to use the Website.

 

You may not send unsolicited email, SPAM, junk email messages (including but not limited to those promoting a product/service, soliciting a charitable contribution or support for a political cause) via the Website.

 

You may not frame portions of the Website within another website or establish links to any page of the Website. 

 

2. INTELLECTUAL PROPERTY RIGHTS

 

All content on the Website is either owned or licensed by TMPG/UNCOVER. By way of example only, such content includes text, graphics, articles, photographs, videos and assorted informational resources.

 

You may download and print one copy of any element of content solely for your own individual use.  Except with the prior written consent of an authorized representative of TMPG/UNCOVER (which may be granted, withheld or conditioned in our sole and absolute discretion), ANY USE OTHER USE OF THE CONTENT ON THE WEBSITE CONSTITUTES AN ACTIONABLE VIOLATION OF THE RIGHTS OF TMPG/UNCOVER AND PERHAPS THIRD PARTIES. 

 

 

3. ACCURACY/CURRENCY/AVAILABILITY

 

Content on the Website may not be current or accurate at any given time; content on the Website may not be available without interruption or errors and may not be secure. To the fullest extent permitted by law, TMPG/UNCOVER disclaims any and all liability in conjunction therewith.

 

4. DISCLAIMER OF WARRANTIES

 

THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT AVAILABLE THEREIN, IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, AS WELL AS ANY ARISING BY OPERATION OF LAW (TO THE FULLEST EXTENT PERMITTED BY LAW) OR FROM A COURSE OF DEALING OR USAGE IN TRADE

 

TO THE FULLEST EXTENT PERMITTED BY LAW, TMPG/UNCOVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE CONTENT AVAILABLE THEREIN. WITHOUT IN ANY WAY LIMITING FOREGOING, TMPG/UNCOVER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT AVAILABLE THEREIN, WILL MEET YOUR REQUIREMENTS; THAT YOUR USE OF SAME WILL BE SECURE, UNINTERRUPTED OR ERROR FREE; THE FUNCTIONALITY OF THE WEBSITE WILL OPERATE AS DESIGNED AND INTENDED; ANY DEFECTS OR IRREGULARITIES WILL BE CORRECTED; OR THAT THE WEBSITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

5. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ANY AND ALL RISK OF HARM/DAMAGE/INJURY/LOSS/LIABILITY OF ANY KIND ASSOCIATED WITH YOUR USE OF THE WEBSITE INCLUDING BUT NOT LMIITED TO ALL CONTENT AVAILABLE THEREIN.

 

TMPG/UNCOVER, ITS PARENT COMPANY, SUBSIDIAIRES, AFFILIATES, DIVISIONS; AS WELL AS THE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AGENTS, REPRESENTATIVES AND ASSIGNS OF ANY OF THE FOREGOING (“RELEASED PARTIES”) WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, DIRECT OR OTHER DAMAGES OR LOSSES WHATSOEVER (INCLUDING BUT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM THESE TERMS & CONDITIONS OR THIS WEBSITE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT AVAILABLE THEREIN,  OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER THE ACTION IS BASED ON CONTRACT, TORT OR OTHERWISE.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS/EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

 

6. INDEMNITY

 

 

You agree to defend, indemnify and hold harmless TMPG/UNCOVER from any and all loss, harm, claims, damages, injury or liability (including reasonable attorneys’ fees) arising (directly or indirectly, in whole or in part) from your use of the Website or your breach of these Terms & Conditions.

 

 

7. JURISDICTION

 

TMPG MAKES NO REPRESENTATION OR WARRANTY THAT THE CONTENT INCLUDED ON THIS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO CHOOSE TO ACCESS THE WEBSITE DO SO SOLELY OF THEIR OWN VOLITION AND AT THEIR OWN RISK, AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. IF YOU HAVE NOT DETERMINED THAT THE WEBSITE AND ITS CONTENT ARE IN COMPLIANCE WITH LOCAL LAW IN YOUR JURISDICTION, DO NOT ACCESS OR USE THE WEBSITE.

 

8. PRIVACY

 

Before using the Website, you are strongly encouraged to review TMPG/UNCOVER’s Privacy Policy, so that you understand how TMPG/UNCOVER collects, uses and shares your personal information.  IF YOU DO NOT AGREE TO THE CONDITIONS SET FORTH IN THE PRIVACY POLICY, DO NOT ACCESS OR USE THE WEBSITE.

 

9. LINKS

 

 

The Website may contain links to websites maintained by third parties. TMPG/UNCOVER has not reviewed or monitored such third-party websites and makes no representation or warranty of any kind as to the content or practices of such third-party websites. ANY USE OF THIRD-PARTY WEBSITES IS SOLELY AT YOUR OWN RISK.  You are therefore encouraged to review the terms of service/terms of use and Privacy Policy of each third-party website before using same.

 

10. GOVERNING LAW

 

The law of the State of New York (excluding only conflict-of-law/choice-of-law provisions of the State of New York or any other jurisdiction which would result in the application of any law other than the law of the State of New York) will apply to any and all matters relating to your use of the Website and/or these Terms & Conditions. 

 

Should a dispute arise, you agree to the exclusive jurisdiction of the New York State courts situated in White Plains, New York or the U.S. District Court for the Southern District of New York situated in White Plains, New York and waive any right of forum non conveniens, change of venue or the like. To the fullest extent permitted by law, you agree to that any such dispute shall be resolved individually and without resort to class action.

 

The statute of limitations for any dispute relating to your use of the Website and/or these Terms & Conditions is one (1) year from when the underlying claim/cause of action arose and, thereafter, such claim/cause of action will be forever barred. 

 

11. GENERAL

 

If you have questions or wish to contact us regarding the Website or these Terms & Conditions, you may e-mail us at info@tmpg.com or write to us at TMPG/UNCOVER, 777 Westchester Ave, White Plains, NY 10604.

 

The failure of TMPG/UNCOVER to enforce any provision of these Terms & Conditions in a given instance shall not constitute the ongoing waiver of same.

 

If a court of competent jurisdiction determines that any provision of these Terms & Conditions is unlawful, illegal or unenforceable: (a) such unlawful/illegal/unenforceable provision will be severed from these Terms & Conditions and replaced with a provision that most closely approximates the original intent of TMPG/UNCOVER underlying same and is lawful, legal and enforceable; and (b) such determination shall not affect the lawfulness, legality or enforceability of the remainder of these Terms & Conditions.

 

Headings are used herein solely for purposes of convenience and have no legal effect.

 

These Terms & Conditions (including the Privacy Policy as well as any other policies/terms referenced herein) represent the entire understanding of you and TMPG/UNCOVER regarding your use of the Website and supersedes any and all prior or contemporaneous written or oral agreements as to such subject matter.

Last Updated 9/5/24