Terms of Service
This web page represents a legal document that serves as our Terms of Service and it governs the legal terms of our website, MarketingExchange.com, sub-domains, and any associated web-based and mobile applications, as owned and operated by MarketingExchange.com
Permitted and Prohibited Uses. You may use the MARKETINGEXCHANGE.COM web site for the sole purpose of receiving, sharing and exchanging marketing information and collaborating with other MARKETINGEXCHANGE.COM members. You may not use the MARKETINGEXCHANGE.COM web site to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. You may not upload or transmit any material that infringes or misappropriates any person's copyright, patent, trademark, or trade secret, or disclose via the MARKETINGEXCHANGE.COM web site any information the disclosure of which would constitute a violation of any confidentiality obligations you may have. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the MARKETINGEXCHANGE.COM's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the MARKETINGEXCHANGE.COM's web site. You are strictly prohibited from communicating on or through this site any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the web site, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means. You also are expressly prohibited from distributing Users' personal information to third-party parties for marketing purposes. The MARKETINGEXCHANGE.COM shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of these Terms and Conditions of Use, and The MARKETINGEXCHANGE.COM reserves the right to terminate or suspend your access to and use of this site without refund of any fees paid. The MARKETINGEXCHANGE.COM notes that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. The MARKETINGEXCHANGE.COM reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and the MARKETINGEXCHANGE.COM will fully cooperate with any authorities investigating violations of these laws.
User Submissions. THE MARKETINGEXCHANGE.COM does not want to receive confidential or proprietary information from User through this site. Any material, information, or other communication you transmit or posts ("Communications") to The MARKETINGEXCHANGE.COM's web site will be considered non-confidential and non-proprietary, and The MARKETINGEXCHANGE.COM will be under no obligation of any kind with respect to such information. The MARKETINGEXCHANGE.COM will be free to reproduce, make derivative works from, use, disclose, and distribute the Communications to others without limitation. At our sole election, The MARKETINGEXCHANGE.COM may provide authorship attribution by listing your name.
User Discussion Forums. The MARKETINGEXCHANGE.COM may, but is not obligated to, monitor or review any areas on The MARKETINGEXCHANGE.COM's web site where Users transmit or post communications or communicate solely with each other, including but not limited to User forums and bulletin boards, and the content of any such communications. The MARKETINGEXCHANGE.COM, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. The MARKETINGEXCHANGE.COM may edit or remove content on the The MARKETINGEXCHANGE.COM web site at its discretion at any time.
You agree to provide true, accurate, current, and complete information when registering with our web site. It is your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If you provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate your account without notice and to refuse any and all current and future use of this site.
Indemnification. You agree to defend, indemnify and hold harmless the MARKETINGEXCHANGE.COM, its employees, directors, officers, affiliated companies, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or misuse of the site, including, without limitation, your violation of these Terms and Conditions, the infringement by you, or any other subscriber or user of your account, of any intellectual property right or other right of any person or entity.
Termination. These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must cease use of this web site. If you are dissatisfied with this web site, its content, or any of these terms, conditions, and policies, your sole legal remedy is to discontinue using this web site. The MARKETINGEXCHANGE.COM reserves the right to terminate or suspend your access to and use of this site, or parts of this site, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where the MARKETINGEXCHANGE.COM has reason to believe that you are in violation of these Terms.
WARRANTY DISCLAIMER. THE MARKETINGEXCHANGE.COM'S WEB SITE AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MARKETINGEXCHANGE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENTOF INTELLECTUAL PROPERTY. THE MARKETINGEXCHANGE.COM MAKES NO REPRESENTATIONS OR WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES THE MARKETINGEXCHANGE.COM MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE. THE MARKETINGEXCHANGE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
IN NO EVENT SHALL THE MARKETINGEXCHANGE.COM OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE SITE, EVEN IF THE MARKETINGEXCHANGE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. THE MARKETINGEXCHANGE.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE SITE. YOUR PARTICIPATION IN THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MARKETINGEXCHANGE.COM OR THROUGH THE MARKETINGEXCHANGE.COM, ITS EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE THE MARKETINGEXCHANGE.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
Liability Limitation. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL THE MARKETINGEXCHANGE.COM OR ANY OF ITS AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE THE MARKETINGEXCHANGE.COM WEB SITE OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE THE MARKETINGEXCHANGE.COM SITE OR FOR ANY INFORMATION OBTAINED THROUGH THE THE MARKETINGEXCHANGE.COM SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE MARKETINGEXCHANGE.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE MARKETINGEXCHANGE.COM'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE MARKETINGEXCHANGE.COM'S WEB SITE WILL NOT EXCEED TWENTY FIVE THOUSAND U.S. DOLLARS ($25,000.00). USER AGREES AND ACKNOWLEDGES THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT THE MARKETINGEXCHANGE.COM WOULD NOT PROVIDE THE SITE ABSENT SUCH LIMITATION.
General. The MARKETINGEXCHANGE.COM is based in the United States. The MARKETINGEXCHANGE.COM makes no claims that the content on the site is appropriate or may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms are governed in all respects by the laws of the Commonwealth of Massachusetts, excluding Massachusetts’ conflicts of laws provisions. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of the MARKETINGEXCHANGE.COM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit the MARKETINGEXCHANGE.COM's rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Agreement or your use of this site must be brought in the state or federal courts of the Commonwealth of Massachusetts, and you consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action you may have with respect to your use of this site must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties, and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Agreement shall not be construed as a waiver of any other or subsequent breach.
Links to Other Materials. This web site may contain links to sites owned or operated by independent third parties. These links are provided for your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that the MARKETINGEXCHANGE.COM offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and the MARKETINGEXCHANGE.COM reserves the right to note its lack of affiliation, sponsorship, or endorsement on this site. If you decide to access any of the third party sites linked to this web site, you do this entirely at your own risk. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, the MARKETINGEXCHANGE.COM cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Notification Of Possible Copyright Infringement. In the event you believe that material or content published on the site may infringe on your copyright or that of another, please provide detailed written notice of such possible infringement to our designated copyright agent at: copyright@MARKETINGEXCHANGE.COM