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Marketing
Innovations, LLC Web Site
Agreement
The SuccessTips4U Web Site (the "Site")
is an online information service provided by Marketing
Innovations, LLC ("SuccessTips4U "), subject to your
compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR
USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. SuccessTips4U MAY
MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS
SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT
PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR
CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR
CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea
Submissions.
The entire contents of the Site are
protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are
SuccessTips4U, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE. You may print and download portions of material
from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the
materials. You agree to grant to SuccessTips4U a
non-exclusive, royalty-free, worldwide, perpetual license,
with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and
publicly perform any materials and other information
(including, without limitation, ideas contained therein for
new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums
and newsgroups) or by e-mail to SuccessTips4U by all means
and in any media now known or hereafter developed. You also
grant to SuccessTips4U the right to use your name in
connection with the submitted materials and other
information as well as in connection with all advertising,
marketing and promotional material related thereto. You
agree that you shall have no recourse against SuccessTips4U
for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to
SuccessTips4U.
TRADEMARKS.
Publications, products, content or
services referenced herein or on the Site are the exclusive
trademarks or servicemarks of SuccessTips4U. Other product
and company names mentioned in the Site may be the
trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as
being supplied by SuccessTips4U, SuccessTips4Udoes not
operate, control or endorse any information, products or
services on the Internet in any way. Except for
SuccessTips4U- identified information, products or
services, all information, products and services offered
through the Site or on the Internet generally are offered
by third parties, that are not affiliated with
SuccessTips4U a. You also understand that SuccessTips4U
cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of
infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for
accuracy of data input and output, and for maintaining a
means external to the Site for the reconstruction of any
lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND
RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
SuccessTips4U PROVIDES THE SITE AND RELATED INFORMATION "AS
IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY, AND SuccessTips4U
SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
SuccessTips4U DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF
WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
SuccessTips4U HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL SuccessTips4U BE LIABLE
FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF SuccessTips4U OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, SuccessTips4U
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY
LAW.
SuccessTips4U makes no
representations whatsoever about any other web site which
you may access through this one or which may link to this
Site. When you access a non-SuccessTips4U web site, please
understand that it is independent from SuccessTips4U, and
that SuccessTips4U has no control over the content on that
web site. In addition, a link to a SuccessTips4U web site
does not mean that SuccessTips4U endorses or accepts any
responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless SuccessTips4U, its officers, directors, employees,
agents, licensors, suppliers and any third party
information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the benefit
of SuccessTips4U and its officers, directors, employees,
agents, licensors, suppliers, and any third party
information providers to the Service. Each of these
individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive
any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of The United States
of America applicable to agreements made and to be
performed in The United States of America. You agree that
any legal action or proceeding between SuccessTips4U and
you for any purpose concerning this Agreement or the
parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction
sitting in The United States of America . Any cause of
action or claim you may have with respect to the Service
must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is
barred. SuccessTips4U's failure to insist upon or enforce
strict performance of any provision of this Agreement shall
not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this
Agreement. SuccessTips4U may assign its rights and duties
under this Agreement to any party at any time without
notice to you.
Any rights not expressly granted herein
are reserved.
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