Any Non-Human Visitors to these Websites shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. Such individual(s) shall be deemed responsible for the actions of their Non-Human Visitor devices in the same manner as if they personally visited the Website.
This agreement contains warranty disclaimers and other provisions that limit the author’s liability to you. If you do not agree to be bound to each and every term and condition set forth herein, please exit the site immediately and do not use, access and/or browse the site.
By entering the site, you acknowledge and agree that you have read and understand these terms and conditions, that the provisions, disclosures and disclaimers set forth herein are fair and reasonable, and that your agreement to follow and be bound by these terms and conditions is voluntary and is not the result of fraud, duress or undue influence exercised upon you by any person or entity.
Please read this Agreement carefully before accessing or using the MarketSense Marketing Group Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by the MarketSense Marketing Group, acceptance is expressly limited to these terms.
The Website is available only to individuals who are at least 18 years old. If you are not yet 18 years old, you must stop using the Website immediately.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on a visitor’s license to access the Website applies to all Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.
Email addresses on the MarketSense Marketing Group are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the Website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminishes the value of these addresses. Intentional collection, harvesting, gathering, and/or storing the Website’s email addresses is recognized as a violation of this agreement and expressly prohibited.
You do not claim intellectual property right or exclusive ownership to any of our products or services, whether modified or unmodified. All products and services are the property of MarketSense Marketing Group. Our products and services are provided ‘as is’ without warranty of any kind, either expressed or implied. In no event shall our organization (or any business or individual associated with MarketSense Marketing Group) be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products or services.
Your MarketSense Marketing Group Account
If you create a site with MarketSense Marketing Group, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify MarketSense Marketing Group of any unauthorized uses of your account or any other breaches of security. MarketSense Marketing Group will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Website Visitors
MarketSense Marketing Group has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, MarketSense Marketing Group does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Any user or site owner who finds content that is offensive, indecent, or otherwise objectionable, or content containing technical inaccuracies, typographical mistakes, or other errors has a responsibility to report such Content to MarketSense Marketing Group. In the same way, anyone who discovers Content on the Website that contains material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated, must report the same to MarketSense Marketing Group. MarketSense Marketing Group disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Some sections of The Site are open to the public. Therefore, consider your comments carefully and do not include anything in a comment that you would like to keep private. By uploading or otherwise making available any information to the Author in the form of user generated comments or otherwise, you grant the Author the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.
You are responsible for the content you post. You may not impersonate any other person through the Site. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.
By submitting or posting content on the Site, you grant the Author and any company substantially under the control of the Author, the right to remove any content or comment that, in Author’s sole judgment, does not comply with the terms and conditions of this Agreement or is otherwise objectionable. You also grant the Author and any company substantially under the control of Author the right to modify, adapt, and edit any content.
Comments to individual posts are encouraged. This is a moderated forum, meaning comments are reviewed before they are posted.
Respectful comments that contribute to the topic at hand will generally be accepted.
The Site will not publish comments that, in the Author’s sole opinion, fall under the following categories:
- snarky, trolling, off-topic, make the same point repeatedly, ranting at doctors, ranting at patients, excessively long, libelous, defamatory, abusive, harassing, threatening, profane, pornographic, offensive, false, misleading, or which otherwise violates or encourages others to violate the Author’s sense of decorum and civility or any law, including intellectual property laws
- “spam,” i.e., an attempt to advertise, solicit, or otherwise promote goods and services
- contain off-topic hyperlinks
The Author reserves the right to delete any comment, for any reason, at any time. The First Amendment gives you the right to express your opinions on your blog, not the Author’s.
Comments that receive a certain number of flags from the readership are automatically deleted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the Websites and WebPages to which MarketSense Marketing Group links, and that link to MarketSense Marketing Group. MarketSense Marketing Group does not have any control over those non-MarketSense Marketing Group Websites and WebPages, and is not responsible for their contents or their use. By linking to a non-MarketSense Marketing Group Website or webpage, MarketSense Marketing Group does not represent or imply that it endorses such Website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MarketSense Marketing Group disclaims any responsibility for any harm resulting from your use of non-MarketSense Marketing Group Websites and Webpages.
Copyright Infringement and DMCA Policy
As MarketSense Marketing Group asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MarketSense Marketing Group violates your copyright, you are encouraged to notify MarketSense Marketing Group. MarketSense Marketing Group will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MarketSense Marketing Group or others, MarketSense Marketing Group may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, MarketSense Marketing Group will have no obligation to provide a refund of any amounts previously paid to MarketSense Marketing Group.
This Agreement does not transfer from MarketSense Marketing Group to you any MarketSense Marketing Group or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MarketSense Marketing Group. MarketSense Marketing Group, the MarketSense Marketing Group domain, the MarketSense Marketing Group logo, and all other trademarks, service marks, graphics and logos used in connection with MarketSense Marketing Group, or the Website are trademarks or registered trademarks of MarketSense Marketing Group or MarketSense Marketing Group’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MarketSense Marketing Group or third-party trademarks.
MarketSense Marketing Group reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. MarketSense Marketing Group may also, in the future, offer new services and/or features through the Website (including, the release of new tools, services and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
MarketSense Marketing Group may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your MarketSense Marketing Group account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a VIP, Premium or other Paid Services account, such account can only be terminated by MarketSense Marketing Group if you materially breach this Agreement and fail to cure such breach within thirty (30) days from MarketSense Marketing Group’s notice to you thereof; provided that, MarketSense Marketing Group can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The materials on MarketSense Marketing Group’s Website are provided ‘as is’. MarketSense Marketing Group makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MarketSense Marketing Group does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.
Under no circumstances, as a result of your use of the Site, will the Author be liable to you or to any other person for any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Author shall have absolutely no liability in connection with the Site for:
1. damages as a result of lost profits, loss of good will, work stoppage, failure of performance, delays in operation or transmission, nondelivery of information, deletions of files, mistakes, defects, errors, interruptions or computer failure or malfunction;
2. any loss or injury caused, in whole or in part, by the Author’s actions, omissions, or negligence, or for contingencies beyond the Author’s control, in procuring, compiling, or delivering the Information;
3. any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information; or
4. any decision made or action taken or not taken in reliance upon the Information.
Third party links and advertisements disclaimer
The inclusion of third party advertisements does not constitute an endorsement, guarantee, warranty, or recommendation of, and the author makes no representations and/or warranties about, any product or service contained therein.
The Author receives financial payment from companies that advertise with banner ads on the Site and from companies that sponsor the e-newsletter. Amazon links on the Site may be affiliate links.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in the Site shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and the Author. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in the Site.
Limitation of Liability
In no event will MarketSense Marketing Group, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to MarketSense Marketing Group under this agreement during the twelve (12) month period prior to the cause of action. MarketSense Marketing Group shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless MarketSense Marketing Group, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
If any provision of this Agreement is held to be invalid or unenforceable in whole or in part in any jurisdiction, then that provision shall be deemed ineffective in such jurisdiction but shall have no effect on the enforceability of the remaining provisions.
APPLICABLE LAW AND JURISDICTION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
You consent to having your Internet Protocol address recorded. An email address may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
The Author’s failure to exercise or enforce any right or provision of this Agreement shall not be deemed to be a waiver of such right or provision.
Any questions about the above terms of service may be directed to Susan Harkema, MarketSense Marketing Group – 340 South Highland Avenue, Pittsburgh, PA 15206 – firstname.lastname@example.org