PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
1. Binding Agreement
These Terms of Use are a binding agreement between you and
MarketCulture Strategies, Inc. By using the MarketCultureMentor.com
Website (the "Site") or any Materials or Services provided in connection with
this Site, you agree to follow and be bound by these Terms of Use, as they
may be amended from time to time by MarketCulture Strategies, Inc. in it is
sole discretion. MarketCulture Strategies, Inc. will post a notice on this Site any
time these Terms of Use have been changed or otherwise updated. It is your
responsibility to review these Terms of Use periodically, and, if at any time,
these Terms of Use are not acceptable to you, you must immediately leave
and cease using this Site and any Materials or Services offered through this
Site.
YOU AGREE THAT BY USING THIS SITE OR ANY SERVICES OFFERED ON THIS SITE
YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE
LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THIS SITE. If you
have any questions about these Terms of Use, please contact us by E-MAIL at
info@marketculture.com.
2. Privacy Policy. MarketCulture Strategies, Inc. (the "Company") respects
your privacy. A complete statement of the Company’s current privacy
policy can be found by clicking on the link "Privacy Policy" on this Site. The
Company’s privacy policy is expressly incorporated into these Terms of Use.
3. User Name and Password. If you choose to open an account on the Site,
you will be required to complete a registration process by providing the
complete and accurate information requested. You will also be asked to
provide a user name and password. You are entirely responsible for maintaining the confidentiality of your user name and password. You may
not use the account, user name or password of someone else at any time.
You agree to notify the Company promptly of any unauthorized use of your
account, user name or password. The Company shall not be liable for any
loss you may incur as a result of the unauthorized use of your account, user
name or password.
4. Ownership. This Site (
MarketCultureMentor.com) is owned and operated
by the Company. All right, title and interest in and to the materials provided
on or through this Site, including but not limited to information, documents,
articles, logos, graphics, sounds, and images (collectively, the "Materials") are
owned either by the Company or by its respective third party authors,
developers, or vendors ("Third Party Providers"). Except as otherwise expressly
provided in these Terms of Use or otherwise in writing by the Company, none
of the Materials may be copied, reproduced, republished, downloaded,
uploaded, posted, displayed, transmitted, or distributed in any way and
nothing on this Site shall be construed to confer any license of any of the
Company’s intellectual property rights, whether by estoppel, implication, or
otherwise. Please contact us by E-MAIL at
info@marketculture.com if you
have any questions about obtaining such licenses. Any rights not expressly
granted herein are reserved by the Company.
5. Limited Permission to Use Materials. The Company hereby grants you
permission to use, view, copy and print the Materials offered through this Site
on any single, stand-alone computer solely for your own personal and
professional use and provided that (i) the copyright notice appearing at
paragraph 18 below and the trademark notice appearing at paragraph 19
below appears in the Materials, (ii) the Materials are not used on any other
website or downloaded to or used in a networked computer environment
and (iii) the Materials are not modified in any way. You may not sell or
redistribute the Materials. You may not reproduce the Materials except for
your own personal and/or professional use. This permission terminates
automatically without notice if you breach any of these terms or conditions.
Upon termination, you will immediately destroy any downloaded or printed
Materials. Any unauthorized use of any Materials contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity and
communications regulations and statutes.
6. User Content; Inappropriate Content. You grant the Company the right to
use any information, suggestions or materials you post on the Site or
otherwise submit to the Company through the Site. By posting, transmitting or otherwise distributing this information (other than personal information),
suggestions or materials (the “User Content”) to the Company, you are
granting the Company and its affiliates, officers, directors, employees and
other agents a license to use such User Content in connection with the
operation of the Company’s business and the business of its affiliates,
including the right to copy, transmit, display and reproduce such User
Content. You will not be compensated for any User Content or the
Company’s use of such User Content. By providing the Company with any
User Content through the Site, you represent that you own the rights to such
User Content and are otherwise authorized to post or provide such User
Content and that the provision or posting of such User Content does violate
the rights of any third parties, including the intellectual property rights of any
third parties. You agree not to provide any User Content that (a) is libelous,
defamatory, obscene, pornographic, abusive or threatening, (b) advocates
or encourages conduct that is unlawful, or (c) advertises or solicits funds for
goods or services.
7. Ownership and Confidentiality of User Content. The Company does not
want you to submit any confidential or proprietary information to it through
this Site without first contacting the Company. All comments, feedback,
information or material submitted to the Company through this Site (other
than personal information) shall be considered non-confidential and nonproprietary
unless otherwise agreed by the Company in writing. You hereby
grant the Company, at no charge, an exclusive, worldwide, transferable
license to use all User Content (other than personal information) provided by
you. The Company shall be free to use and/or disseminate such User
Content on an unrestricted basis for any purpose.
8. Prohibited Uses. The Company imposes certain restrictions on your
permission to use this Site and the Materials and/or Services offered through
this Site. You are prohibited from violating or attempting to violate any
security features of this Site, including, without limitation, (a) accessing any
content or data not intended for you, or logging onto a server or account
that you are not authorized to access; (b) attempting to probe or test the
vulnerability of this Site or any associated system, network or server; (c)
interfering with or attempting to interfere with any user, host or network
associated with this Site, including without limitation, by means of submitting
a virus to the Site or overloading, flooding, spamming, mail bombing or
crashing the Site, (d) using the Site to send unsolicited email, or (e)
attempting to modify, reverse engineer, decompile, disassemble or other
reduce any source code use by the Company in providing this Site, the
Materials or the Services. Any violation of system or network security may
subject you to civil and/or criminal liability.
9. Company Right to Terminate User Access. The Company reserves the right
to terminate the right of any user to access or use the Site at any time with or
without notice and with or without cause. The Company will terminate the
right of a user to access the Site or any Materials or Services provided through
the Site if the Company determines there has been any unauthorized,
prohibited or inappropriate use of the Site, including, without limitation, the
posting or provision of inappropriate User Content or any User Content that
infringes the intellectual property rights of any third party.
10. Links to Third Party Sites. This Site may contain links to websites controlled
by parties other than the Company (the "Third Party Sites"). The Company is
not responsible for and does not endorse or accept any responsibility for the
availability, the contents or use of the Third Party Sites or any website
accessed from a Third Party Site, or any changes or updates to such sites. The
Company is not responsible for webcasting or any other form of transmission
received from any Third Party Site. The Company is providing these links to
you only as a convenience, and the inclusion of any link does not imply
endorsement by the Company of the Third Party Site. You acknowledge that
you bear all risks associated with access to and use of content provided on
Third Party Sites and agree that the Company is not responsible for any loss or
damage of any sort you may incur from using any Third Party Site or dealing
with any third party. You should contact the site administrator for the
applicable Third Party Site if you have any concerns regarding such links or
the content located on a Third Party Site.
11. NO WARRANTY. THE SITE AND ALL MATERIALS AND SERVICES PROVIDED ON
THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE
FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS
OR SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS
OR SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SITE, OR ANY MATERIALS OR SERVICES OFFERED THROUGH THE SITE, WILL BE
ACCURATE OR RELIABLE; OR (D) REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SITE.
ANY MATERIALS OR SERVICES OBTAINED THROUGH THE USE OF THE SITE ARE
OBTAINED AT YOUR OWN DISCRETION AND RISK. THE COMPANY SHALL HAVE
NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS,
INFORMATION OR SOFTWARE.
12. LIMITATION OF LIABILITY. THE COMPANY’S LIABILTY TO YOU IS LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY,
ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY
DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC
ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR
INABILITY TO USE THIS SITE OR THE MATERIALS OR SERVICES AVAILABLE FROM
THIS SITE, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS OR SERVICES
FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION
OF EQUIPMENT OR DATA, YOU ASSUME ANY AND ALL COSTS ASSOCIATED
THEREWITH. This above limitation on liability shall apply whether the damages
arise out breach of contract, tort or any other legal theory or form of action.
13. Indemnification. You agree to defend, indemnify and hold harmless the
Company, its officers, directors, shareholders, employees and agents from
and against any and all claims, liabilities, damages, losses or expenses,
including reasonable attorneys' fees and costs, arising out of or in any way
connected with your access to or use of the Site and the Materials or Services
offered through the Site.
14. Compliance with Laws. You may not access, download, use or export the
Site, the Services or Materials in violation of any federal, state or local laws,
rules or regulations. Any such violation is expressly against these Terms of Use
and, in the event of such violation, you must cease from using this Site
immediately.
15. Children. Minors are not eligible to use the Site, and, by using this Site, you
represent and agree that you are at least 18 year old and that you are
legally able to enter into this Terms of Use.
16. Governing Law; Venue. By using this Site, you expressly agree that your
rights and obligations shall be governed by and interpreted in accordance
with the laws of the State of California, excluding its choice of law rules. Any
legal action or proceeding relating to your access to or use of the Site or the
Materials or Services offered through the Site shall be instituted in either the
state courts located in the County of Monterey, State of California, or the
federal courts located in San Jose, California. You and the Company agree
to submit to the jurisdiction of, and agree that venue is proper in, these courts
in any such legal action or proceeding. These Terms of Use expressly exclude
and disclaim the terms of the U.N. Convention on Contracts for the
International Sale of Goods, which shall not apply to any transaction
conducted through or otherwise involving this Site.
17. California Use Only. The Site is controlled and operated by the Company
from its offices in California. The Company makes no representations that the
Site or the use of the Site or the Materials or Services offered through this Site
comply with the laws of any other jurisdiction. Your use of or access to this
Site and the Materials and Services offered through this Site shall be deemed
undertaken in the State of California. Your use of this Site and the Materials
and Services offered through this Site shall not be construed as the Company
purposefully availing itself of the benefits or privilege of doing business in any
state or jurisdiction other than California.
18. Copyrights. All Site design, text, graphics, the selection and arrangement
thereof are:, Copyright © 2009, Market Culture Strategies Inc., ALL RIGHTS
RESERVED.
19. Trademarks; No License. The following are protected trademarks, service
marks and logos of the Company: MarketCultureMentor™, MarketCulture
Strategies™ and associated logos, and MarketCulture Tools for Business
Decisions™ and all associated logos. All images and text, and all page
headers, custom graphics and button icons on the Site are the property s of
Market Culture Strategies Inc. All other trademarks, service marks, product
names and company names or logos of third parties cited herein are the
property of such respective third party owners. Nothing contained in this Site
shall be construed as granting you a license to use any of the trade names
trademarks, service marks or logos owned by the Company or any third
party.
20. Acknowledgement. BY USING THIS SITE AND ACCESSING THE MATERIALS
OR SERVICES MADE AVAILABLE ON THIS SITE, YOU ACKNOWLDGE THAT YOU
HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF USE.