Last Updated July 17, 2024
Welcome to Promotastic! These Terms of Use ("Terms") outline the terms and conditions that govern your access to and use of Promotastic's products and services (collectively, the "Services"). These Services are accessible through our websites, including www.promotastic.co, and any downloadable mobile applications (collectively, the "Site"). In these Terms, "Promotastic," "we," or "us" refers to Promotastic LLC and its affiliates, while "you" refers to the individual using the Services or the entity or organization on whose behalf the Services are used.
By accessing or using our Services, you agree to comply with these Terms, as updated periodically. If any additional terms apply to a specific Service, you will be asked to review and accept those supplementary terms.
IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
2. Eligibility and Account Security
To use our Services, you must:
a) Account Registration: You may be required to register for an account to access certain features of the Services. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete. You must not impersonate any person or entity, misrepresent your affiliation with any person or entity, or provide false information.
b) Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your password. Any activities that occur under your account will be deemed authorized by you. Notify us immediately at support@promotastic.co if you suspect any unauthorized use of your account.
a) Forums: Our Forums allow users to share content and opinions on various topics. Content posted by users reflects their own opinions and not necessarily those of Promotastic. We do not guarantee the accuracy of any content posted. We may monitor and remove content at our discretion and terminate access for violations.
a) Advice and Content: Some Services involve advice from third parties. This advice is provided for informational purposes only. Promotastic is not responsible for the accuracy or reliability of third-party advice.
b) Sharing Information: To use some Services, you may need to provide sensitive information to third parties. You agree that sharing this information is at your own risk, and Promotastic is not responsible for how third parties use your information.
c) No Endorsement: Promotastic does not endorse any third-party websites or services linked through our Site. We are not responsible for the content or services provided by these third parties.
You agree not to:
All materials on the Services are protected by intellectual property laws. You may not use, copy, or distribute any content without permission. By posting content, you grant Promotastic a license to use it.
You agree to indemnify and hold Promotastic harmless from any claims arising out of your use of the Services, violation of these Terms, or infringement of any rights.
Promotastic may suspend or terminate your account and access to the Services at any time, with or without notice, for any reason. You may also terminate your account by contacting us.
We may modify these Terms at any time. We will notify you of any changes, and your continued use of the Services constitutes acceptance of the modified terms.
The Services are provided "as is" without warranties of any kind. Promotastic is not liable for any damages resulting from your use of the Services. Our liability is limited to the amount you paid us for the Services or $10, whichever is greater.
These Terms are governed by the laws of the State of Georgia. Any disputes will be resolved through binding arbitration or small claims court, as detailed below.
a) Arbitration Agreement: You and Promotastic agree to resolve disputes through binding arbitration, except for small claims and intellectual property disputes. By agreeing to these Terms, you waive the right to a trial by jury and to participate in class actions.
b) Arbitration Process: Disputes will be resolved by the American Arbitration Association under its rules. Notices of disputes must be sent to Promotastic's address. We will reimburse your arbitration filing fee for claims under $10,000, unless the arbitrator finds your claims to be frivolous.
c) Class Action Waiver: Arbitrations will be conducted on an individual basis. Class arbitrations and actions are not permitted.
We reserve the right to modify or discontinue the Services at any time without notice.
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Promotastic. Any failure to enforce a provision is not a waiver of future enforcement. If any part of these Terms is found invalid, the rest will remain in effect.
California residents can contact the Consumer Services Division of the California Department of Consumer Affairs to resolve complaints regarding the Services.
For questions or suggestions about our Services, please contact us at support@promotastic.co.
