TERMS AND CONDITIONS OF USE
Welcome to our website. This site is maintained as a service to our
customers. By using this site, you agree to comply with and be bound by
the following terms and conditions of use. Please review these terms and
conditions carefully. If you do not agree to these terms and conditions,
you should not use this site.
1. Agreement. This Agreement (the “Agreement'”)
specifies the Terms and Conditions for access to and use of
marketing-your-way.com (the “Site'”) and describe the terms and
conditions applicable to your access of and use of the Site. This
Agreement may be modified at any time by marketing-your-way.com upon
posting of the modified agreement. Any such modifications shall be
effective immediately. You can view the most recent version of these
terms at any time at http://www.marketing-your-way.com/terms.htm. Each use by
you shall constitute and be deemed your unconditional acceptance of this
Agreement.
2. Intellectual Property Ownership.
(a) Our Content. All content included on
this site is and shall continue to be the property of marketing-your-way.com
or its content suppliers and is protected under applicable copyright,
patent, trademark, and other proprietary rights. Any copying,
redistribution, use or publication by you of any such content or any
part of the Site is prohibited without express permission by
marketing-your-way.com. Under no circumstances will you acquire any
ownership rights or other interest in any content by or through your use
of this site. marketing-your-way.com is the trademark or registered
trademark of marketing-your-way.com. Other product and company names
mentioned on this Site may be trademarks of their respective owners.
(b) User Supplied Content. By accessing our
forum, bulletin board, chat room, or any other user interactive area of
our site, and placing any information in any of those areas, you hereby
grant us a perpetual, irrevocable, royalty free license in and to such
materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create
translations of, modify, amend, enhance, change, display and publicly
perform such materials in any form or media, whether now known or later
discovered. You also grant to others who access the forum, bulletin
board, chat room or any other user interactive area of our site a
perpetual, non-revocable, royalty free license to view, download, store
and reproduce your postings but such license is limited to the personal
use and enjoyment of such other party.
(c) Personal
Use. marketing-your-way.com grants you a limited, revocable,
nonexclusive license to use this site solely for your own personal use
and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works, or other use. You agree not to copy
materials on the site, reverse engineer or break into the site, or use
materials, products or services in violation of any law. The use of this
website is at the discretion of marketing-your-way.com and
marketing-your-way.com may terminate your use of this website at any
time.
(d) Other Uses. All other use of Content from the
Site, including, but not limited to uploading, downloading,
modification, publication, transmission, participation in the transfer
or sale of, copying, reproduction, republishing, creation of derivative
works from, distribution, performance, display, incorporation into
another web site, reproducing the Site (whether by linking, framing or
any other method), or in any other way exploiting any of the Content, in
whole or in part, is strictly prohibited without marketing-your-way.com
prior express written consent.
3. Disclaimers.
(a) DISCLAIMER OF WARRANTIES. THE
INFORMATION ON THIS SITE IS PROVIDED ON AN `”AS IS,” “AS AVAILABLE”
BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.
MARKETING-YOUR-WAY.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY
IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING
TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
FURTHERMORE, MARKETING-YOUR-WAY.COM DOES NOT WARRANT THAT USE OF
THE SITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY
LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MARKETING-YOUR-WAY.COM, ITS SUBSIDIARIES, VENDORS AND AFFILIATES
DISCLAIM ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, OR
UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIALS, AND ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE. USE OF THE SITE'S
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGES TO YOU COMPUTER SYSTEMS OR LOSS OF DATA THAT
MAY RESULT FROM THE DOWNLOAD OF SUCH INFORMATION OR MATERIAL.
(b) LIMITATION OF LIABILITY. MARKETING-YOUR-WAY.COM
SHALL NOT BE RESPONSIBLE OR LIABLE TO PROVIDERS OR ANY THIRD PARTIES
UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH MARKETING-YOUR-WAY.COM
OR THE SITE, OR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS
TRANSMITTED THROUGH OR RESIDING ON THE SITE OR ANY SERVICES, OR
INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE, REGARDLESS
OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF
MARKETING-YOUR-WAY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGE OR LOSS.
(c) EARNINGS DISCLAIMERS.
The information presented in this Website is intended to be for your
educational and entertainment purposes only.
We are not presenting you with a business opportunity.
We are not presenting you with a distributorship.
We are not making any claims as to income you may earn.
We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice
your own personal professional advisors, such as your attorney and your
accountant.
Where income figures are mentioned (if any), those income figures are
anecdotal information passed on to us concerning the results achieved by
the individual sharing the information. We have performed no independent
verification of the statements made by those individuals. Please do not
assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or
representation of average earnings. There are NO average earnings.
Testimonials and statements of individuals are not to be construed as
claims or representations of average earnings. We cannot, do not, and
will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We
do not know your educational background, your skills, your prior
experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of
action. Follow the advice of your personal qualified advisors.
There are risks in any endeavor that are not suitable for everyone. If
you use capital, only "risk" capital should be used.
There is no guarantee that you will earn any money using any of the
ideas presented in our in materials. Examples in our materials are not
to be interpreted as a promise or guarantee of earnings. Many
factors will be important in determining your actual results and no
guarantees are made that you will achieve results similar to ours or
anybody else’s. No guarantee is made that you will achieve any result at
all from the ideas in our material.
You agree that we will not share in your success, nor will we be
responsible for your failure or for your actions in any endeavor you may
undertake.
Please understand that past performance cannot be an indication of
possible future results.
Materials in our product and our website may contain information that
includes or is based upon forward-looking statements within the meaning
of the securities litigation reform act of 1995. Forward-looking
statements give our expectations or forecasts of future events. You can
identify these statements by the fact that they do not relate strictly
to historical or current facts. They use words such as “anticipate,”
“estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other
words and terms of similar meaning in connection with a description of
potential earnings or financial performance. Any and all forward looking
statements in our materials are intended to express our opinion of
earnings potential. They are opinions only and should not be relied upon
as fact.
4. Terms Relating to User Supplied Site Content.
(a) Participate at Your Own Risk. You enter and
participate in our forum, bulletin board, chat room, or any other user
interactive area of our site, and gain access to the materials contained
thereon at your own risk.
(b) No Monitoring. We do not monitor or screen
communications on our forum, bulletin board, chat room, or any other
user interactive area of our site and we are not responsible for any
material that any of our forum, bulletin board, chat room, or any other
user interactive area of our site participant posts and we do not assume
the responsibility to do so. In the event that we are notified by any
party that any communications contained in our forum, bulletin board,
chat room, or any other user interactive area of our site is contrary to
these terms, we may, but are not obligated to, investigate the situation
and determine in our own discretion, whether to remove such
communication from our forum, bulletin board, chat room, or any other
user interactive area of our site. We have no liability or
responsibility to investigate or remove any content from our forum,
bulletin board, chat room, or any other user interactive area of our
site based upon a complaint or otherwise.
(c) Your Reliance at Your Risk. We do not make
any representations or warranties as to the truth or accuracy of any
statement made or materials posted on or through our forum, bulletin
board, chat room, or any other user interactive area of our site.
You agree and acknowledge that you assume the risk of any actions you
take in reliance upon the information that may be contained in our
forum, bulletin board, chat room, or any other user interactive area of
our site.
(d) No Endorsement. We do not endorse or lend any
credence for any statements that are made by any participant in our
forum, bulletin board, chat room, or any other user interactive area of
our site. Any opinions or views expressed by our forum, bulletin board,
chat room, or any other user interactive area of our site participants
are their own. We do not endorse or support or otherwise give any
credence or reason for reliance on any such statements or opinions.
(e) You are Responsible. You are fully
responsible for your own statements and materials that you post in our
forum, bulletin board, chat room, or any other user interactive area of
our site and any consequences, whether or not foreseen, to any party who
may rely upon these statements. You agree that you will not take
any action directed towards attempting to hold us responsible for any
such materials or statements.
(f) Removal of Material. As a participant in our
forum, bulletin board, chat room, or any other user interactive area of
our site, you agree that we may remove any materials from our forum,
bulletin board, chat room, or any other user interactive area of our
site for any reason, in our sole discretion, or for no reason at all.
This includes material which is disruptive, abusive, offensive, illegal,
vulgar, pornographic, or any other material. You hold us harmless
from and against any damage you or others may suffer as a result of our
removal of any content from our forum, bulletin board, chat room, or any
other user interactive area of our site or from the discontinuance of
our forum, bulletin board, chat room, or any other user interactive area
of our site at any time.
(g) Right to Expel. We have the right to remove,
expel, or disqualify any party from participation and access to our
forum, bulletin board, chat room, or any other user interactive area of
our site for any time and for any reason, or for no reason whatsoever,
in our sole and absolute discretion. This includes, but is not
limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or for
any other reason or for no reason at all.
(h) Right to Terminate. We reserve the right to
terminate our forum, bulletin board, chat room, or any other user
interactive area of our site at any time and all users hold us harmless
from and against any claims, damages, suits, threats, demands,
liabilities, actions, causes of action, or injuries that may result
there from, including but not limited to any consequential, incidental,
and special damages of every nature and type.
(i) Prohibitions. You agree that you will not (1)
use our forum, bulletin board, chat room, or any other user interactive
area of our site for any illegal purpose, (2) place any material in our
forum, bulletin board, chat room, or any other user interactive area of
our site that violates the copyrights, trademarks, trade secrets,
confidential information or other rights of any other party, (3) place
any material in our forum, bulletin board, chat room, or any other user
interactive area of our site that contains a false statement about any
person, infringes upon the privacy rights of any other person, or
threatens, harasses, abuses or embarrasses any other person, (4) place
any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in our forum, bulletin board,
chat room, or any other user interactive area of our site, (5) place any
advertising, attempted business solicitation, marketing materials or
sales promotional materials in our forum, bulletin board, chat room, or
any other user interactive area of our site, (6) pretend to be another
person that you are not, (7) place materials in our forum, bulletin
board, chat room, or any other user interactive area of our site that
are disruptive or off-topic.
(j) Hold Harmless and Indemnify. You hold us
harmless from, and indemnify us against, any and all claims for damages
from third parties arising from your participation, use or conduct in
our forum, bulletin board, chat room, or any other user interactive area
of our site.
5. Miscellaneous.
(a) Prohibition Against Data
Mining. You are prohibited from data mining, scraping, crawling, email
harvesting or using any process or processes that send automated queries
to the marketing-your-way.com Web site. You may not use the
marketing-your-way.com Web site to compile a collection of listings,
including a competing listing product or service. You may not use the
Site or any Materials for any unsolicited commercial e-mail.
(b) Intended Audience. This website is intended
for adults only. This website is not intended for any children under the
age of 18.
(c) Compliance with Laws. You agree to comply
with all applicable laws regarding your use of the website. You further
agreed that information provided by you is truthful and accurate to the
best of your knowledge.
(d) Indemnification. You agree to indemnify,
defend and hold marketing-your-way.com and our partners, employees, and
affiliates, harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
(e) Privacy. Your visit to our site is also
governed by our Privacy Policy. Please review our Privacy Policy at
http://www.marketing-your-way.com/privacy.htm.
marketing-your-way.com reserves the right, and you authorize us, to use
and assign all information regarding site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
(f) DMCA Notice. If you believe your work has
been copied in a way that constitutes copyright infringement, please
provide a notice containing all of the following information to our
Copyright Agent:
(1) An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest;
(2) A description of the copyrighted work that
you claim has been infringed;
(3) A description of where the material that you
claim is infringing is located on the Site;
(4) Your address, telephone number, and e-mail
address;
(5) A statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
(6) A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that
you are the copyright owner or authorized to act on the copyright
owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on
the site is Randy Koehler, who can be reached as follows:
Contact:
http://marketing-your-way.com/support
(g) Applicable Law. You agree that the laws of
the State of Tennessee, without regard to conflicts of laws provisions
will govern these Terms and Condition of Use and any dispute that may
arise between you and marketing-your-way.com or its affiliates. Venue
shall be in Tennessee, United States.
(h) Arbitration. As part of the consideration
that marketing-your-way.com requires for viewing, using or interacting
with this website, you agree to the use of binding arbitration for any
claim, dispute, or controversy of any kind (whether in contract, tort or
otherwise) arising out of or relating to this website. Arbitration shall
be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to
the American Arbitration Association. Information about the
American Arbitration Association, its rules, and its forms are available
from the American Arbitration Association, 335 Madison Avenue, Floor 10,
New York, New York, 10017-4605. Hearing will take place in the
city or county of marketing-your-way.com. In no case shall you have the
right to go to court or have a jury trial. You will not have the
right to engage in pre-trial discovery except as provided in the rules;
you will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will be final and binding with
limited rights of appeal. The prevailing party shall be reimbursed by
the other party for any and all costs associated with the dispute
arbitration, including attorney fees, collection fees, investigation
fees, and travel expenses.
(i) Severability. If any provision of this
Agreement shall be adjudged by any court of competent jurisdiction to be
unenforceable or invalid, that provision shall be limited or eliminated
to the minimum extent necessary so that this Agreement will otherwise
remain in full force and effect.
(j) Termination. marketing-your-way.com may
terminate this Agreement at any time, with or without notice, for any
reason.
(k) Contact Information.
HOW TO CONTACT US:
http://marketing-your-way.com/support