Exact Media Group Web Site Agreement
The ExactMarketing.com Web Site (the "Site") is an online information service
provided by MikeFilsaime.com, Inc. ("ExactMarketing.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.
ExactMarketing.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
ExactMarketing.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 ExactMarketing.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 ExactMarketing.com by all means and in any media now
known or hereafter developed.
You also grant to ExactMarketing.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 ExactMarketing.com for any alleged
or actual infringement or misappropriation of any proprietary right in your
communications to ExactMarketing.com.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site
are the exclusive trademarks or servicemarks of ExactMarketing.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 ExactMarketing.com, ExactMarketing.com does not
operate, control or endorse any information, products or services on the
Internet in any way. Except for ExactMarketing.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 ExactMarketing.com.
You also understand that ExactMarketing.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. ExactMarketing.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
ExactMarketing.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. ExactMarketing.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 PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO
YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ExactMarketing.com HAS NO
CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ExactMarketing.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 ExactMarketing.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, ExactMarketing.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
ExactMarketing.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-ExactMarketing.com web site, please understand that it is
independent from ExactMarketing.com, and that ExactMarketing.com has no control
over the content on that web site. In addition, a link to a ExactMarketing.com
web site does not mean that ExactMarketing.com endorses or accepts any
responsibility for the content, or the use, of such website.
3. Indemnification.
You agree to indemnify, defend and hold harmless ExactMarketing.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 ExactMarketing.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 its own
behalf.
5. 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 USA applicable to agreements made and to be performed in USA. You agree
that any legal action or proceeding between ExactMarketing.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 USA . 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. ExactMarketing.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. ExactMarketing.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.
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