This web site and its use is subject to this User Agreement. Our Privacy Policy is incorporated into and subject to the terms of the User Agreement. This User Agreement is effective on July 1st, 2002. Although this User Agreement may seem long, we have prepared a detailed policy because we believe you should know as much as possible about our practices so that you can make informed decisions. Any subsidiaries and joint ventures operate under similar privacy practices as described in this User Agreement and, subject to the requirements of applicable law, we strive to provide a consistent set of privacy practices and terms of use. Active Table of Contents (click to go to a section)
Information We Collect. Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier. In general, you can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. If you choose to use our services, we may require you to provide contact and identity information, billing information, shipping information and other personal information as indicated on the forms throughout our site. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature. Under some circumstances we may require some additional financial information, such as when you make a purchase. We use your financial information, including credit card information to verify your name, address, and other information, as well as to bill you for your use of our services. We automatically track certain information based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. We use data collection devices such as "cookies" on certain pages of our site to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We offer certain features that are only available through the use of a "cookie". We also use cookies to allow you to enter a password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Many cookies may be "session cookies," meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more frequently during a session. Additionally, you may encounter "cookies" or other similar devices on certain pages of our site that are placed by third parties. For example, if you view a web page created by a user, there may be a "cookie" placed within that web page. We do not control the use of cookies by third parties. If you establish a credit account with us to pay the fees we charge, we collect some additional information, including a billing address, a credit card number and a credit card expiration date and tracking information from checks or money orders. If you choose to post messages in our message areas or leave feedback for other users, we will collect that information you provide to us.If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the site, we may collect such information into a file specific to you. Our Use of Your Information. We use your information to facilitate the services or Content you request. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular we may examine your information to identify users using multiple User IDs or aliases. You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze site usage, improve our Content and product offerings, and customize our site's content, layout, and services. These uses improve our site and better tailor it to meet your needs. You agree that we may use your information to contact you and deliver information to you that, in some cases, are targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the site. By accepting the User Agreement, you expressly agree to receive this information. If you do not wish to receive these communications, we encourage you to opt out of the receipt of certain communications. You may make changes to your preferences at any time. Our Disclosure of Your Information. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this User Agreement. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications would always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. Access License. Subject to these User Agreement, MarketingSage grants you a limited, nonexclusive, nontransferable license to access the MarketingSage Site via the Internet, and to display and view the content of the MarketingSage Site, including any articles, information, photographs, logos, graphics, emails, and other materials contained therein (the "Content"), on a single computer for informational purposes only. To the extent the MarketingSage Site contains any executable or object code, you agree not to de-compile, reverse engineer or disassemble such code. Except as expressly granted hereunder, MarketingSage reserves all rights in and to the MarketingSage Site, and nothing contained in these User Agreement shall be construed as conferring, by implication, estoppels, or otherwise any license or right under any patent, copyright, trademark, trade dress, or other intellectual property right that MarketingSage or any third party may have in the MarketingSage Site or its Content. Without limiting the generality of the foregoing, except as expressly granted hereunder, no right or license is granted to reproduce, distribute, publish, retransmit, create any derivative works of, or otherwise commercially exploit all or any portion of the MarketingSage Site or the Content, whether electronically, mechanically, or otherwise, including but not limited to, the copying of its presentation style, content, or content organization, without MarketingSage prior written permission. Links. The MarketingSage Site may contain links to other web sites or resources (the "Linked Sites"). You acknowledge and agree that MarketingSage has no control over and is not responsible for the availability of the Linked Sites. You further acknowledge and agree that MarketingSage does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from the Linked Sites. You agree that MarketingSage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on the Linked Sites. Copyrights and Notices. You acknowledge and agree that all right, title and interest in and to the MarketingSage Site and any and all Content belong to MarketingSage or its third party content providers, and You agree not to assert any claim to the contrary. Except for the licenses expressly granted hereunder, all rights in and to the Content are specifically reserved to MarketingSage and its content providers. All logos, splash screens, page headers, custom graphics and button icons displayed on the MarketingSage Site (collectively, "Marks") are service marks, trademarks, and/or trade dress of MarketingSage or its third party licensors, and nothing contained in this User Agreement shall be construed to grant, by implication, estoppels or otherwise, any right or license to use the Marks. The use of any MarketingSage software or Content or the software or Content of third parties downloaded from the MarketingSage Site shall be subject to the terms and conditions of the license provided with the software or Content. You may not remove, alter or obscure any copyright or trademark notices or any other proprietary legends contained in the MarketingSage Site. If you believe that any Content contained in the MarketingSage Site infringes upon any copyrights that you own, you may notify MarketingSage at the following address: MarketingSage Administrator User Content; Disclaimer of Sponsorship. You acknowledge and agree that the MarketingSage Site may contain Content that is provided by third parties, including, without limitation, other users of the MarketingSage Site. Any opinions, advice, statements, services, offers or other information contained in third party content are those of their respective authors and not of MarketingSage or any of its affiliates. All brand, product, service, and process names appearing on this MarketingSage Site are trademarks and service marks of their respective owners. MarketingSage’s reference to or use of a product, service, or process does not imply MarketingSage’s recommendation, approval, affiliation, or sponsorship of the respective product, service, or process. Your correspondence with or participation in promotions, sales or other transactions with advertisers or other users, of this web site, including, without limitation, the purchase, sale and delivery of any related goods or services, attendance at any seminars or similar events and any other terms, conditions, warranties or representations associated with such advertisements or postings found on the web site, are solely between you and such advertiser or other user. Disclaimer of Warranties. MARKTINGSAGE PRODUCTS, SERVICES, THE MARKETINGSAGE SITE, CONTENT AND CORRESPONDENCE ARE PROVIDED TO YOU "AS IS." YOU AGREE THAT YOU MUST INDEPENDENTLY EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE O SAME,, INCLUDING WITHOUT LIMITATION ANY RELIANCE BY YOU ON THE ACCURACY, COMPLETENESS OR USEFULNESS. MARKTINGSAGE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO PRODUCTS, SERVICE, THE MARKETINGSAGE SITE OR ITS CONTENT OR CORRESPONDENCE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. MARKTINGSAGE MAKES NO WARRANTY THAT ANY PART OF THE MARKETINGSAGE SITE (INCLUDING WITHOUT LIMITATION THE CONTENT) WILL MEET YOUR REQUIREMENTS, THAT ANY PART OF THE MARKETINGSAGE SITE WILL BE UNINTERRUPTED, ERROR FREE, TIMELY, SECURE, FREE FROM VIRUSES OR OTHER COMPUTER INSTRUCTIONS WHICH DISRUPT, DAMAGE, DESTROY, OR INTERFERE WITH THE USE OF ELECTRONIC DEVICES OR COMPUTERS; NOR DOES MARKTINGSAGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM ANY USE OF MARKETING PRODUCTS, SERVICES, THE MARKETINGSAGE SITE OR AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY PART OF THE MARKETINGSAGE SITE OR THAT ERRORS IN ANY PART OF THE MARKETINGSAGE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE MARKETINGSAGE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MARKTINGSAGE MAKES NO WARRANTY REGARDING ANY GOODS NOTICES, EVENTS, LISTINGS OR SERVICES PURCHASED OR OBTAINED ARISING OUT OF, THROUGH OR FROM THE MARKETINGSAGE SITE, INCLUDING WITHOUT LIMITATION THE QUALITY OF SUCH GOODS OR SERVICES, THE TIMING OF EVENTS, THE ACCURACY OF LISTINGS, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE MARKETINGSAGE SITE. THIS WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE TO YOU, AND MARKTINGSAGE OR ANY MARKTINGSAGE SUPPLIER MAY IMPROVE OR CHANGE THE WEB SITE AT ANY TIME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. Limitations on Liability. You agree that MarketingSage and its affiliates and their respective officers, directors, employees, contractors and agents shall not be liable for any damages, including without limitation direct, indirect, incidental, special, consequential, and exemplary damages. Without limiting the generality of the foregoing, MarketingSage and its affiliates and their respective officers, directors, employees, contractors and agents shall not be liable for any damages for loss of profits, goodwill, use, or data, whether based on contract, tort, negligence, strict liability or otherwise, regardless of cause, even if MarketingSage has been advised of the possibility of such damages, arising out of or relating to (i) the use of, inability to use or delay in any part of the MarketingSage Site or Content, including without limitation any errors and omissions and any untimeliness in the MarketingSage Site; (ii) the cost of procurement of substitute goods and services; (iii) any goods or services purchased or obtained through or from the MarketingSage Site; (iv) messages or content received or transactions entered into through or from the MarketingSage Site, including without limitation computer viruses; (v) unauthorized access to or alteration of your transmissions or data; or (vi) interruption, suspension or termination of the MarketingSage Site, regardless of whether such interruption, suspension or termination was justified, negligent or intentional, inadvertent or advertent. If you are dissatisfied with any portion of the MarketingSage Site and or Content, your sole and exclusive remedy is to discontinue using the MarketingSage Site and or Content. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you. Indemnification. You agree to indemnify, defend and hold MarketingSage, its affiliates and their respective officers, directors, employees, contractors and agents harmless from any claim, demand, liability, loss, damage, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of or relating to your use of the MarketingSage Site, including, without limitation arising out of or relating to any your violation of this User Agreement or any other agreement with MarketingSage relating to your use of the MarketingSage Site, or your violation of any rights of a third party. General Provisions. The User Agreement and the relationship between you and MarketingSage shall be governed by the laws of the State of California without regard to its conflict of law provisions. Any and all disputes arising from or in connection with the MarketingSage Site shall be subject to binding arbitration conducted by a single arbitrator in Northern California, pursuant to the Commercial Arbitration Rules of the American Arbitration Association, as now or hereafter amended; provided, however, that MarketingSage shall be entitled to seek injunctive and other equitable relief in any forum of competent jurisdiction to enforce this User Agreement or its rights in the MarketingSage Site and its Content without first seeking or obtaining any decision in arbitration. No failure or delay of MarketingSage to exercise or enforce any right or remedy under this User Agreement shall constitute a waiver thereof. If any provision of this User Agreement is found by a court of competent jurisdiction 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 this User Agreement remain in full force and effect. Modifications to the User Agreement. MarketingSage may change this User Agreement from time to time without notice to you. Accordingly, you should review this User Agreement periodically. By continuing to use the MarketingSage Site and Content you agree to be bound by the modifications to this User Agreement. MarketingSage reserves the right to modify or discontinue, temporarily or permanently, the MarketingSage Site or any feature of the MarketingSage Site, with or without notice to you. You agree that MarketingSage is not liable to you or any third-party for any such modification or discontinuance or your access to the MarketingSage Site.
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