The MARKETINGWEB.COM
Web Site (the "Site") is an online information service
provided by MARKETINGWEB.COM, subject to your compliance with
the terms and conditions set forth below. PLEASE READ THIS
DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING
OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS
AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MARKETINGWEB.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY
TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS
OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE
OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses
and Idea Submissions.
The entire contents of the Site
are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are MARKETINGWEB.COM,
its affiliates or other third party licensors. YOU MAY NOT MODIFY,
COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE,
IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your
own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials.
You agree to grant to MARKETINGWEB.COM a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of,
publicly display and publicly perform any materials and other
information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to MARKETINGWEB.COM by all means and
in any media now known or hereafter developed. You also grant
to MARKETINGWEB.COM the right to use your name in connection
with the submitted materials and other information as well as
in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against MARKETINGWEB.COM for any alleged or actual infringement
or misappropriation of any proprietary right in your communications
to MARKETINGWEB.COM.
TRADEMARKS.
MARKETINGWEB.COM and/or any other
names of MARKETINGWEB.COM or its publications, products, content
or services referenced herein or on the Site are the exclusive
trademarks or servicemarks of MARKETINGWEB.COM. Other product
and company names mentioned in the Site may be the trademarks
of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being
supplied by MARKETINGWEB.COM, MARKETINGWEB.COM does not operate,
control or endorse any information, products or services on the
Internet in any way. Except for MARKETINGWEB.COM identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are offered
by third parties that are not affiliated with MARKETINGWEB.COM.
You also understand that MARKETINGWEB.COM cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MARKETINGWEB.COM
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND
DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES
OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE,
ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND MARKETINGWEB.COM SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. MARKETINGWEB.COM
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE
INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS
AT YOUR RISK. MARKETINGWEB.COM HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL MARKETINGWEB.COM
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE,
OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF MARKETINGWEB.COM OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, MARKETINGWEB.COM'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
MARKETINGWEB.COM makes no representations
whatsoever about any other web site which you may access through
this one or which may link to this Site. When you access a non-MARKETINGWEB.COM
web site, please understand that it is independent from MARKETINGWEB.COM,
and that MARKETINGWEB.COM has no control over the content on
that web site. In addition, a link to a MARKETINGWEB.COM web
site does not mean that MARKETINGWEB.COM endorses or accepts
any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend
and hold harmless MARKETINGWEB.COM, its officers, directors,
employees, agents, licensors, suppliers and any third party information
providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting
from any violation of this Agreement (including negligent or
wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs
2 (Use of the Service), and 3 (Indemnification) are for the benefit
of MARKETINGWEB.COM and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers
to the Service. Each of these individuals or entities shall have
the right to assert and enforce those provisions directly against
you on it's own behalf.
5.Term; Termination.
This Agreement may be terminated
by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights)
and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of the State of California
applicable to agreements made and to be performed in California.
You agree that any legal action or proceeding between MARKETINGWEB.COM
and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal
or state court of competent jurisdiction sitting in California.
Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim
or cause of action arises or such claim or cause of action is
barred.
MARKETINGWEB.COM reserves the
right to pursue legal remedies against any party who for any
reason files a fallacious law suit against MARKETINGWEB.COM including
but not limited to legal fees and damages. In addition, MARKETINGWEB.COM
reserves the right to be reimbursed for legal fees and to seek
compensation for any damages incurred as the result of any party
who files any action against MARKETINGWEB.COM which results in
a legal opinion favorable to MARKETINGWEB.COM.
MARKETINGWEB.COM'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. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
MARKETINGWEB.COM may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted
herein are reserved.
COPYRIGHT NOTICE. Copyright © 2008
MARKETINGWEB.COM, 575 S. Virginia Hills Drive, Suite 3807, McKinney, TX 75070. All rights reserved. |
