1. Ownership. This Site (MarketingProfsU.com) is owned and operated by MarketingProfs, LLC. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by MarketingProfs, LLC or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by MarketingProfs, LLC, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site shall be construed to confer any license under any of MarketingProf’s intellectual property rights, whether by estoppel, implication, or otherwise. Please contact us by E-MAIL if you have any questions about obtaining such licenses. MarketingProfs does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by MarketingProfs, LLC. Any rights not expressly granted herein are reserved by MarketingProfs, LLC.
2. Limited Permission to Use Materials. MarketingProfs, LLC hereby grants you permission to use, view, copy and print the Materials on any single, stand-alone computer solely for your personal, informational, non-commercial use and provided that (i) the copyright notice appearing at section 13 below and the trademark notice appearing at section 14 below appears in the Materials, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
3. Links to Third Party Sites . This Site may contain links to websites controlled by parties other than MarketingProfs, LLC (the "Third Party Sites"). MarketingProfs is not responsible for and does not endorse or accept any responsibility for the availability, the contents or use of the Third Party Sites or any webite accessed from a Third Party Site, or any changes or updates to such sites. MarketingProfs is not responsible for webcasting or any other form of transmission received from any Third Party Site. MarketingProfs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MarketingProfs of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on Third Party Sites and agree that MarketingProfsU.com is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on a Third Party Site.
4. Rights and Responsibilities of MarketingProfsU.com:
Although it cannot make an absolute guarantee of system security, MarketingProfs takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by E-MAIL for help.
If the MarketingProfs.com technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, MarketingProfs reserves the right to delete those files or to stop those processes. If the MarketingProfs technical staff suspects an account is being used by someone who is not authorized by the account holder, MarketingProfs may temporarily disable that account in order to preserve system security. In all such cases, MarketingProfs will contact the member as soon as feasible.
MarketingProfs reserves the right to refuse service to anyone and to cancel an account at any time.
5. Your Rights and Responsibilities as a MarketingProfsU.com Account Holder:
You agree to help protect your account and the security of other users by guarding your password. If you have reason to believe your password has been compromised or there has been any unauthorized use of your account, contact MarketingProfs via E-MAIL as soon as possible.
6. NO WARRANTY. THE SITE AND ALL MATERIALS PROVIDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, MARKETINGPROFS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MARKETINGPROFS, LLC MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
ANY MATERIALS OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. MARKETINGPROFS, LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
7. LIMITATION OF LIABILITY. IN NO EVENT SHALL MARKETINGPROFS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS AVAILABLE FROM THIS SITE, EVEN IF MARKETINGPROFS.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. Indemnification. You agree to defend, indemnify and hold harmless MarketingProfs, LLC, its officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Site and the Materials.
9. Unsolicited Submissions . Except as set forth in section 4 above, MarketingProfs, LLC does not want you to submit confidential or proprietary information to it through this Site, without first contacting MarketingProfs. All comments, feedback, information or material submitted to MarketingProfs through or in association with this Site shall be considered non-confidential and MarketingProfs' property, unless otherwise set forth herein or agreed to by MarketingProfs in writing. By providing any unsolicited submissions to MarketingProfs you hereby assign to MarketingProfs, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. MarketingProfs shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
11. Children . Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us.
13. Copyrights . All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2000-2013, MarketingProfs, LLC. ALL RIGHTS RESERVED.
14. Trademarks. MarketingProfs, MarketingProfs.com, MarketingProfsU.com all images and text, and all page headers, custom graphics and button icons on the Site are service marks, trademarks, and/or trade dress of MarketingProfs, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.