TheMarketingDesign.com Terms and Conditions of Use
TheMarketingDesign.com (“THEMARKETINGDESIGN.COM”) maintains this website (the “Site”) as a service to our customers and the businesses they represent (collectively “User” or “you”). By using this Site, the User agrees to accept and abide by the Terms and Conditions of Use set forth in this Agreement and to comply with all applicable laws and regulations. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site. THEMARKETINGDESIGN.COM may revise or modify these Terms and Conditions of Use from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User’s acceptance of the Terms and Conditions of Use as so revised or modified.
1. LAWS AND REGULATIONS. User access to the Site is subject to any and all applicable federal, state and local laws and regulations.
2. COPYRIGHT. All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TheMarketingDesign.com or its content suppliers and protected by The United States of America and international copyright laws. The compilation of all content on this site is the exclusive property of TheMarketingDesign.com and protected by The United States of America and international copyright laws. All software used on this site is the property of TheMarketingDesign.com or its software suppliers and protected by The United States of America and international copyright laws.
3. OWNERSHIP/LIMITED LICENSE. TheMarketingDesign.com owns all information, content, materials, and other items on the Site (collectively the “TheMarketingDesign.com Materials”). Subject to these Terms and Conditions of Use, THEMARKETINGDESIGN.COM grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use this Site and the THEMARKETINGDESIGN.COM Materials provided herein. THEMARKETINGDESIGN.COM authorizes User to view and use this Site solely for User’s own internal business purposes. This limited authorization is not a transfer of title in or to the THEMARKETINGDESIGN.COM Materials and User further agrees to the following restrictions: (i) User must retain all copyright, trademark and other proprietary notices contained in the THEMARKETINGDESIGN.COM Materials; (ii) User may not modify the THEMARKETINGDESIGN.COM Materials in any way or reproduce or publicly display them; and (iii) User must not transfer the THEMARKETINGDESIGN.COM Materials to any other person or third party unless such person or third party agrees to accept and abide by these Terms and Conditions of Use. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through the Site. Users of this Site are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of the THEMARKETINGDESIGN.COM Materials on this Site for commercial or public purposes.
4. NO WARRANTIES/DISCLAIMER. THIS SITE AND THE THEMARKETINGDESIGN.COM MATERIALS ARE PROVIDED ON AN “AS IS” BASIS AND AS SUCH THIS SITE AND THE THEMARKETINGDESIGN.COM MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THEMARKETINGDESIGN.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE THEMARKETINGDESIGN.COM MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THEMARKETINGDESIGN.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THEMARKETINGDESIGN.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM THEMARKETINGDESIGN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEMARKETINGDESIGN.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATIONS OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
5. REGISTRATION/PERSONAL INFORMATION. User may have the opportunity to provide certain personal information to access certain portions of this Site. The collection or use of such personal information shall be governed in accordance with THEMARKETINGDESIGN.COM’s Privacy Policy.
6. THEMARKETINGDESIGN.COM PRIVACY POLICY. Registration data and certain other information about User is subject to THEMARKETINGDESIGN.COM’s Privacy Policy.
7. FORUMS. Postings by User to any message board-Bulletin Board, chat-room or forum, located in this Site will not be protected as confidential, and THEMARKETINGDESIGN.COM may use and provide information contained in any such postings (including any remarks, suggestions, ideas, concepts, know-how or other intellectual property) to other Users, or any parent, subsidiary, and/or affiliates of THEMARKETINGDESIGN.COM for any purpose whatsoever and as deemed appropriate by THEMARKETINGDESIGN.COM. By providing any such information or materials to THEMARKETINGDESIGN.COM, User grants to THEMARKETINGDESIGN.COM an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, and display such information and materials, and you agree that THEMARKETINGDESIGN.COM is free to use any remarks, suggestions, ideas, concepts, know-how or other intellectual property. User acknowledges and agrees that User is responsible for whatever material User submits on this Site and User agrees not to post or otherwise disseminate on this Site any unlawful, defamatory, libelous, threatening, obscene, harassing, vulgar or otherwise unlawful information of any kind, or materials that incorporate the proprietary rights of any person. User understands and agrees that THEMARKETINGDESIGN.COM, its parent, subsidiaries, affiliates, officers, directors, employees and shareholders shall have no liability for any information or material contained on a bulletin board or other posting site.
8. LINKS. THEMARKETINGDESIGN.COM may provide hyperlinks on this Site links to other Web sites. If User links to these sites, User will leave this Site and User does so at User’s own risk. THEMARKETINGDESIGN.COM makes no warranty or representation regarding any linked Web sites or the information appearing on such linked sites. The links do not imply that THEMARKETINGDESIGN.COM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. THEMARKETINGDESIGN.COM prohibits caching, unauthorized hypertext links to this Site, or the framing of any Materials available on this Site. As such, THEMARKETINGDESIGN.COM reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Materials available on any other Web site linked to this Site. Users should be aware that linked sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. THEMARKETINGDESIGN.COM is not responsible for such policies and expressly disclaims any and all liability related to such policies.
9. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL THEMARKETINGDESIGN.COM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMIATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE THEMARKETINGDESIGN.COM MATERIALS AND THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF THEMARKETINGDESIGN.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THEMARKETINGDESIGN.COM AND USER REGARDING USE OF THIS SITE. THIS SITE AND THE THEMARKETINGDESIGN.COM MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.
10. ACCESS TO PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of this Site are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
11. VIOLATIONS OF TERMS AND CONDITIONS. THEMARKETINGDESIGN.COM reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.
12. DISPUTES. Any dispute relating in any way to your visit to THEMARKETINGDESIGN.COM.com or to the products you purchase through THEMARKETINGDESIGN.COM.com shall be submitted to confidential arbitration in Kalamazoo, Michigan, except that, to the extent you have in any manner violated or threatened to violate THEMARKETINGDESIGN.COM’s intellectual property rights, THEMARKETINGDESIGN.COM may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
13. SECURITIES LAWS. This Site may include statements concerning THEMARKETINGDESIGN.COM’s operations, prospects, financial condition and demand for our products, as well as plans and objectives that are forward looking. These statements are assumptions that are subject to many factors, many of which are beyond our control. The Site and the information contained herein does not constitute an offer or a solicitation for the sale of securities. None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.
14. INFORMATION/PRESS RELEASES. This Site contains information and press releases concerning THEMARKETINGDESIGN.COM. While this information was believed to be accurate to the best of THEMARKETINGDESIGN.COM’s knowledge when put on this Site, THEMARKETINGDESIGN.COM expressly disclaims any duty or obligation to update such information or keep such information current.
15. GENERAL. User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.