Terms & Conditions

Welcome to Broadstreet Marketing Logistics, Inc. Broadstreet Marketing Logistics owns Explore Organic, a cooperative marketing program for genuine organic brands, and Envoy, a suite of marketing automation software and related services for small businesses. Broadstreet Marketing Logistics, Explore Organic, and Envoy are collectively referred to hereafter as “BML”. The following Terms and Conditions (collectively referred to as this "Agreement") govern all of BML’s websites, social media, emails, and postal mail (collectively referred to as “Services”).

By registering with BML and/or using any of the Services offered by BML, you agree to be bound by this Agreement, which incorporates our Privacy Policy and any other policies governing the use of the Services or our website that are posted on our website or provided to you either electronically or otherwise in writing (collectively referred to as “Policies”). If you do not wish to be bound by this Agreement or our Policies, you may not access or use the Services.

BML reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.

Services

When registering to use our Services, you agree to provide accurate, current and complete information about yourself to BML and to receive notices and communication electronically or otherwise. Failure to do so may result in termination of the provision of Services to you.

BML reserves the right, at its sole discretion, to immediately and without notice, suspend or terminate Services to you. BML also reserves the right to modify or discontinue the Services temporarily or permanently, without notice to you, and you agree that BML shall not be liable for any such modifications or any discontinuation of the Services.

BML shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.

BML’s Services are only available to individuals 18 years of age or older who are legal residents of the United States. By registering and using the BML Services, you certify that you are 18 years of age or older. From time to time, BML will field surveys that limit participation to adults who are 21 years of age or older. If you are dissatisfied with any of the BML Services, or with this Agreement, your sole and exclusive remedy is to discontinue using BML’s Services.

Member Profile Information

When you register for our Services, you will be required to provide BML with information, about yourself and not on behalf of someone else, including but not limited to: your name, address, and email address. In addition, you may choose to provide BML with additional information, including but not limited to: demographic information, lifestyle and shopping preferences, usage of products and services, and brand preferences.

Proprietary Rights

The website, social media, emails, or other notices sent to you as part of our Services, and all content provided, including, without limitation, text, graphics, software, music, sound, photographs, and videos and any other content (collectively the "Content") is protected by copyright, and other intellectual property and proprietary laws, and is owned, controlled and/or licensed by Broadstreet Marketing Logistics, Inc.

Broadstreet Marketing Logistics is a trademark of Broadstreet Marketing Logistics, Incorporated. All other product, brand and company names and logos used on the BML website, on our social media, in emails or in other materials associated with BML’s Services are the trademarks or registered marks of Broadstreet Marketing Logistics or the identified owner.

You are free to display and print information received through BML for your personal, non-commercial use only; however, no right, title, or interest in any such material is transferred to you as a result. All other copying, use, distribution or creation of derivative works of the available Content is expressly prohibited and subject to all legal remedies unless otherwise expressly authorized in writing by BML, or the third-party owner of other Content. BML reserves all rights in the content not expressly granted to you in this paragraph.

Links

Broadstreet Marketing Logistics may provide links to third parties' websites and/or social media. These sites are independently developed and managed by such third parties and links are provided by BML to you as references to help you locate Internet resources that may be of interest. BML makes no representations as to the content, quality, suitability, functionality or legality of any sites or social media to which we may provide links, and you hereby waive any claim you might make against us with respect to such sites and/or services and their operators as well as any products and/or services you may order through links to such sites or social media.

ALL MATTERS CONCERNING THE PRODUCTS AND/OR SERVICES, INCLUDING BUT NOT LIMITED TO PURCHASE TERMS, PAYMENT TERMS, WARRANTIES, GUARANTEES, DELIVERY, AND/OR ANY DISPUTES ARE SOLELY BETWEEN YOU AND THE MERCHANTS WITH WHOM YOU CHOOSE TO DO BUSINESS. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH REGARD TO ANY GOODS OR SERVICES PROVIDED BY THOSE MERCHANTS. BML WILL NOT BE CONSTRUED AS A PARTY TO SUCH TRANSACTIONS WHETHER OR NOT WE MAY HAVE RECEIVED SOME FORM OF REVENUE OR OTHER REMUNERATION IN CONNECTION WITH THE TRANSACTION. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF SUCH TRANSACTION.

Disclaimer of Warranties

BROADSTREET MARKETING LOGISTICS’ SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OR CONTENT OFFERED BY BML IS AT YOUR SOLE RISK.

BML DOES NOT MAKE ANY WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY BML WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. FURTHER, BML’S CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND WITH THE UNDERSTANDING THAT BML IS NOT RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING OR OTHER SERVICES OR ADVICE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BML EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON OUR SITE OR OUR SOCIAL MEDIA ARE NON-INFRINGING; THAT ACCESS TO OUR SITE OR OUR SOCIAL MEDIA WILL BE UNINTERRUPTED OR ERROR-FREE; THAT OUR SITE OR OUR SOCIAL MEDIA WILL BE SECURE; THAT OUR SITE OR OUR SOCIAL MEDIA OR THE SERVERS THAT MAKE OUR SITE AND OUR SOCIAL MEDIA AVAILABLE WILL BE FREE OF HARMFUL SOFTWARE ROUTINES NOT LIMITED TO VIRUSES, ‘WORMS’, ‘TROJAN HORSES,’ ‘TIME BOMBS,’ ‘DROP DEAD DEVICES;’ OR MALWARE OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.

IF YOU DOWNLOAD ANY MATERIALS FROM OUR SITE OR OUR SOCIAL MEDIA, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO A COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BML OR THROUGH OR FROM OUR SITE OR OUR SOCIAL MEDIA SHALL CREATE ANY WARRANTY OF ANY KIND. BML DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON OUR SITE OR OUR SOCIAL MEDIA IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BROADSTREET MARKETING LOGISTICS OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY BROADSTREET MARKETING LOGISTICS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY BROADSTREET MARKETING LOGISTICS, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF BROADSTREET MARKETING LOGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to indemnify, defend and hold harmless BML and its affiliates, and their officers, directors, employees, contractors, agents, licensors, partners, successors, and suppliers, subsidiaries, and their related companies from and against any and all losses, liabilities, expenses, damages and costs, including attorneys' fees and court costs, arising or resulting from any violation of these Terms and Conditions. You further agree to indemnify and hold BML and its subsidiaries, affiliates, officers and employees harmless from any claims, liabilities or demands, including attorneys' fees, made by any third party due to or arising out of this Agreement or your use of our website or our social media.

If you cause a disruption of our site or our social media or the systems transmitting our site or our social media to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including attorneys' fees and court costs, arising or resulting from that disruption.

You acknowledge that you are solely responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through our site or our social media any content that (1) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (2) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, (3) may contain software viruses, political campaigning, chain letters, mass mailings, charity requests, advertising, petitions for signatures, worms, "Trojan Horses" any form of "spam." or malware You may not use a false email address, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto our site or social media. You may not attempt to gain unauthorized access to BML’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of our site or social media or any services provided through our site or our social media.

BML in its sole discretion reserves the right to delete, block or remove any materials that BML deems to be unlawful, infringing, defamatory, libelous, abusive, threatening, obscene, offensive, fraudulent, deceptive, inappropriate or otherwise unacceptable to BML or any other party.

Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of United States of America. BML makes no representation that the information on our site or social media is appropriate or available for use in other locations, and access to our Site or social media from certain locations may be prohibited. If you choose to access our site or social media from other locations, you are taking such actions on your own initiative and are responsible for compliance with applicable local laws.

Any controversy or claim arising out of or relating to these terms and conditions, our site, or our social media shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Winston-Salem, North Carolina, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

Business Transfers

You acknowledge that BML may disclose your personal information to third parties as we believe necessary or appropriate, in connection with a proposed or actual merger, consolidation, financing, securitization, insuring, sale, assignment or other disposal of all or part of BML or our business or assets, for the purposes of evaluating and/or performing the proposed or actual transaction provided that such a third party agrees to use and/or disclose your personal information for purposes that are consistent with BML’s Privacy Policy.

Entire Agreement

These Terms and Conditions constitute the entire agreement and understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings. If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement shall remain valid. Any legally unenforceable provision of Agreement will, at the election of BML, be deleted or modified to correct the defect and, regardless, the remainder of the terms of this Agreement will remain valid and enforceable. The Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Applicable Law Sections shall survive termination or expiration of this Agreement. BML’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to the use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Us

For general questions regarding Broadstreet Marketing Logistics or this Agreement, please contact us:

By mail:

Privacy Officer
Broadstreet Marketing Logistics
P.O. Box 419
Clemmons, NC 27012

By email:

privacy@broadstreetml.com

Last Updated: November 6, 2017