This statement is effective as of November 1, 2006.

Welcome to the Marketricity Web site (the “Web site“). Use of and access to the Web site is subject to your compliance with the following terms.


PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEB SITE. By accessing and using the Web site in any way you agree to be bound by the terms of use described in this document (”Terms of Use”).

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. Marketricity reserves the right to limit or terminate your access to the Marketricity Web site if you don’t comply with them. The Terms of Use are entered into by and between Marketricity and you.


Marketricity reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice. Please check these Terms of Use periodically for changes. Your continued use of the Web site following the posting of changes to the Terms of Use will signify your acceptance of those changes.


To the extent that you use or connect to any third party messaging system through the Web site, you agree that you will comply with all terms and conditions of use for such third party messaging systems, including without limitation, the proper registration for, acquisition and use of a user name and password use for such messaging system. You may not use the Web site to upload or transmit any items that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Further, you may not use the Web site to facilitate any infringement or misappropriation of any intellectual property rights of a third person or for any illegal activities. All messages, information, digital files or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, email, transmit or otherwise make available via the Web site. Marketricity reserves the right, but has no obligation, to monitor the materials posted in the public areas of the Web site. Marketricity shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or these Terms of Service. Notwithstanding this right of Marketricity, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND THAT YOU TRANSMIT IN YOUR PRIVATE E-MAIL OR INSTANT MESSAGES.


As a condition of your use of the Web site, you will not use the Web site for any purpose that is unlawful or prohibited by these Terms & Conditions. You may not use the Web site in any manner that could damage, disable, overburden, or impair any Marketricity server, or the network(s) connected to any Marketricity server, or interfere with any other party’s use and enjoyment of the Web site. You may not use the Web site to post advertisements that contain content, graphics, images or sounds owned by others without obtaining their prior consent; and you may not use the Web site to post advertisements that violate the privacy or personal rights of others without obtaining their prior consent.


By posting information or content to any public area of the Web site, you automatically grant, and you represent and warrant that you have the right to grant, to Marketricity an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.


COPYRIGHT NOTICE: Copyright © 2002-2006 Marketricity All Rights Reserved.

“Marketricity” is a registered trademark of Marketricity All other trademarks, trade names, service marks, service names are the property of their respective holders.

AIM” and the running man logo are registered trademarks of America Online, Inc.
Google Talk” is a registered trademark of Google Inc.
ICQ” is a registered mark of ICQ, Inc.
JABBER®” is a registered trademark of the Jabber Software Foundation.
MSN” and the butterfly logo are registered trademarks of Microsoft Corporation.
Yahoo!” and “Yahoo! Messenger” are registered trademarks of Yahoo, Inc.

America Online, Inc., Google Inc., ICQ, Inc., Jabber Software Foundation,
Microsoft Corporation or Yahoo, Inc.


Marketricity respects your desire for privacy. Marketricity’s Privacy Policy can be found at By using the Web site, you are consenting to the terms of our Privacy Policy.


This Web site may contain links to third-party sites which are not under the control of Marketricity, and Marketricity is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Marketricity endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, third party website found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Marketricity is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Marketricity Web site.


EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEB SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND MARKETRICITY HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, MARKETRICITY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall Marketricity be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Web site or information available from the Web site.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Web site. The Web site may contain technical inaccuracies or typographical errors. Marketricity assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Web site.

Marketricity may make changes to the Web site, information, product offerings, and any other information and materials on the Web site at any time and without notice.


You agree to indemnify, defend, and hold Marketricity and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Web site, your connection to the Web site, your violation of the Terms of Use, or your violation of any rights of other users of this Web site.


Marketricity reserves the right to terminate your privilege to use this Web site at any time for any reason, including without limitation, if Marketricity has been notified by third parties or has a good faith concern that any of your activities may infringe third party rights or violate the laws or regulations of any applicable jurisdiction.


The Terms of Use, the Privacy Policy and any applicable guidelines posted on the Web site together constitute the entire agreement between you and Marketricity and govern your use of the Web site, superseding any prior agreements between you and Marketricity relating to your use of this Web site (including, but not limited to, any prior versions of the Terms of Use). You also may be subject to additional terms and conditions that may apply if you sign up or register for Marketricity services or use third-party content or third-party software. By accessing the Web site you agree that the statutes and laws of the United States and the Commonwealth of Massachusetts, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Web site, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in Middlesex County, Massachusetts, USA. The failure of Marketricity to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

13. COMMENTS AND QUESTIONS If you have any comments or questions you may address them to the customer service department at Marketricity, at

Last updated: November 1, 2006.