Terms & Conditions

Effective Date: February 16, 2021

Welcome to the Stephan & Brady website (the "Site”). The Site is owned and operated by Stephan & Brady, Inc. ("Stephan & Brady," "we," or "us"). The Site is designed to provide information about our advertising, public relations, strategy planning, media planning and design services, as well as information relevant to our industry.

These Terms of Use ("Terms of Use"), along with our Privacy Policy (“Privacy Policy”) constitute the terms for which you may use our Site. If you do not agree to these Terms of Use or the Privacy Policy, you may not use the Site. These Terms of Use may change, so please be sure to ensure you are up to date on them if you continue to use our Site over time.

BY USING AND/OR ACCESSING ANY PART OF THE SITE, YOU UNCONDITIONALLY AND EXPRESSLY ACKNOWLEDGE, REPRESENT AND AGREE THAT YOU: (A) ARE OVER 16 YEARS OF AGE; (B) HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY; (C) UNDERSTAND THAT YOU ARE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY; AND (D) WILL COMPLY WITH THESE TERMS OF USE, THE PRIVACY POLICY AND ANY APPLICABLE LAWS AND REGULATIONS.

1. License to Use the Site. Subject to these Terms of Use and the Privacy Policy, Stephan & Brady grants you a limited, non-transferable license to access and use the functionality, features, content and information provided through the Site for the purposes of obtaining information only. Any use of the materials for commercial purposes, or any other use not authorized herein is prohibited.

2. Ownership Rights. You expressly acknowledge and agree that Stephan & Brady and/or its content providers and partners own all content, trademarks, copyrights and other intellectual property related to the Site.

3. Your Information and Your Rights. You own the information you provide to us through the Site. Our use of that information is governed by the terms of our Privacy Policy. By submitting your information and other content to the Site, you grant us a royalty-free, fully paid up, non-exclusive, irrevocable, worldwide, transferable license to use, copy, modify, distribute, publish, create derivative works, process and compile with other information without further notice, consent or compensation.

4. Your Obligations to Us. In exchange for use of the Site, you agree to the following:

• You’re at least 16 years of age. You understand that the Site is designed for individuals 16 years old or older.
• You agree not to provide only accurate and truthful information to us.
• From time-to-time we may need to contact you in order to provide important notices about your account.
• When using the Site, you agree to adhere to all applicable federal, state and local laws.
• You will not engage in any of the following activities:
  1. Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
  2. Engaging in activity that is unauthorized advertisement or promotion.
  3. Collecting personal information of other users of the Site without such user's consent.
  4. Engaging in activity that compromises the Site or Stephan & Brady. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing, and transferring any malware to the Site or other users of the Site.
  5. Allowing unauthorized access, whether intentionally or unintentionally, to the Site.
  6. Using the Site and/or any information or content available through the Site in any manner that is not expressly permitted under these Terms of Use.
  7. Taking any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data load on the Site or its infrastructure;
  8. Interfering or attempting to interfere with the proper working of the Site;

5. Accessibility. We value all of our users, and it is our goal to provide an excellent online experience for all our users, including our users with disabilities. You understand and accept, however, that some of the features of the Site may not be fully accessible because they are provided by third-party platforms, such as social media platforms, instead of us, or may have errors. If you have comments or concerns regarding the accessibility of the Site, or would like to report an issue you are experiencing, please email us at accounts@stephanbrady.com. You agree to work cooperatively with us to identify and resolve all issues directly with us for at least thirty days prior to bringing any accessibility claims against us.

6. DISCLAIMERS AND LIMITS ON LIABILITY. THE SITE AND ALL INFORMATION AND MATERIALS AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, SECURITY, CORRECTNESS, ACCESSIBILITY AND NON-INFRINGEMENT). STEPHAN & BRADY, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND SUPPLIERS (COLLECTIVELY THE "SB PARTIES") MAKE NO REPRESENTATION OR WARRANTY REGARDING: (A) THE CONTINUED AVAILABILITY, RELIABILITY, ACCURACY, ACCESSIBILITY, RESULTS OR PERFORMANCE OF THE SITE; (B) THE EXISTENCE (OR ABSENCE) OF ANY VIRUS, WORM, MALWARE, MALICIOUS CODE OR OTHER DISABLING DEVICES OR CODE FROM ANY SOURCES; (C) THE UNAUTHORIZED ACCESS TO OR USE OF YOUR INFORMATION; (D) ANY TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES); OR (E) LOSS, USE OR MISUSE OF YOUR DATA.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT THE SB PARTIES ARE NOT AND WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES. IN NO EVENT SHALL THE SB PARTIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO SB FOR THE USE OF THE SITE WITHIN THE LAST TWELVE MONTHS TO ACCESS OR USE THE SITE. IF YOU LIVE IN A STATE THAT DOES NOT ALLOW THE WAIVER OF CERTAIN WARRANTIES, OR LIMITATIONS OR DAMAGES WAIVERS DESCRIBED IN THIS SECTION, SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU. YOU AGREE TO PROMPTLY NOTIFY STEPHAN & BRADY IN WRITING IF YOU BELIEVE YOU HAVE ANY CLAIM AGAINST ANY OF THE SB PARTIES, AND, IN ANY EVENT, YOU AGREE THAT ANY CLAIM NOT BROUGHT WITHIN ONE YEAR AFTER IT ARISES (OR SUCH SHORTER PERIOD UNDER APPLICABLE STATUTES OF LIMITATION) SHALL BE WAIVED AND RELEASED.

7. Indemnification. You agree to indemnify, defend and hold harmless Stephan & Brady and its affiliates, employees, agents, representatives and third party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: unauthorized use of material obtained through the Site, breach the terms of these Terms of Use or any applicable law, or sharing of unauthorized, infringing or otherwise unlawful materials.

8. Third-Party Links. The Site may contain links to other third-party websites. Such third-party websites are maintained by persons or organizations over which we exercise no control. Stephan & Brady expressly disclaims any responsibility for the content or results from your use of such third-party websites.

9. Copyright Complaints. Stephan & Brady respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• Description of the copyrighted work that you claim has been infringed;
• The location on the Site of the material that you claim is infringing;
• Your address, telephone number and e-mail address;
• A statement that your claim of infringement is based on a good faith belief; and
• A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows: accounts@stephanbrady.com.

10. Consent to Receive Electronic Notifications. Electronic communication is the most effective and timely way to provide the users of the Site with any optional or required notifications and disclosures. In some circumstances, however, state and/or federal laws may require us to send you disclosures or communications in paper format unless you have affirmatively consented to receiving electronic notifications only in advance of the notification. Through this Agreement, pursuant to 15 U.S.C. § 7001, you hereby affirmatively consent to receive electronic notifications and disclosures from us only (without requiring a paper copy) and you represent that, to date, you have not withdrawn such consent. You have the right to change your mind and withdraw your consent at any time. If you would like to withdraw your consent to receive electronic notifications and/or would like to request a paper copies of any electronic notifications you receive, please contact: accounts@stephanbrady.com. To receive electronic records, you will need access to a smart phone, tablet, laptop or computer with Internet access and either email software (such as Microsoft Outlook) or access to a web-based electronic mail software platform, such as Gmail, Yahoo or other electronic mail provider.

11. Miscellaneous Provisions

• Severability. If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.
• Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.
• Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Wisconsin, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts located in Dane County, Wisconsin.

12. Questions

If you have any questions about Stephan & Brady, the Site, our services, the Privacy Policy, or these Terms and Conditions, you may contact us at:

Stephan & Brady
1352 East Wilson Street
Madison, WI 53703
accounts@stephanbrady.com