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.
1. ACCEPTANCE OF 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.
2. MODIFICATION OF TERMS OF USE
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.
3. RESTRICTIONS ON USE OF WEB SITE
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.
4. NO UNLAWFUL OR PROHIBITED USE
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.
5. POSTING TO PUBLIC AREAS OF THE WEB SITE
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.
6. COPYRIGHT AND TRADEMARKS INFORMATION
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.
THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY
America Online, Inc., Google Inc., ICQ, Inc., Jabber Software
Foundation,
Microsoft Corporation or Yahoo, Inc.
7. PRIVACY POLICY
Marketricity
respects your desire for privacy.
Marketricity’s Privacy
Policy can be found at
www.marketricity.com/privacy.htm. By using the Web site, you are
consenting to the terms of our Privacy Policy.
8. LINKS TO THIRD PARTY WEB SITES
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.
9. DISCLAIMER OF WARRANTY
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.
10. INDEMNITY
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.
11. TERMINATION
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.
12. GENERAL INFORMATION
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
comments@marketricity.com.
Last updated: November 1, 2006.
