Terms of Use

INTRODUCTION

The following terms of use (“Terms of Use”) govern your use of this web site (the “Web Site”) provided by or on behalf of MarketingJournal.org and its sponsors.

These Terms of Use also govern your access to and use of the content, functionality, materials and resources (collectively “Resources”) available on or by means of the web site. These Terms of Use are an agreement between you and MarketingJournal.org and its sponsors. MarketingJournal.org and its sponsors are also referred to in these Terms of Use as “we,” “us,” “our” or other similar pronouns.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THEM, DO NOT ACCESS OR USE THIS WEB SITE.

If you are using the Web Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf. In that case, “you” refers to both you and your employer.

Except as may apply to our sponsors’ clients, these Terms of Use constitute the entire agreement between MarketingJournal.org and you with respect to your use of the Web Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

CHANGES

MarketingJournal.org may at any time revise these terms by updating this posting. By using this Web Site, you agree to be bound by any such revisions, and you should periodically visit this page to determine the current terms.

MarketingJournal.org may terminate, change, limit, suspend or discontinue any aspect of the Web Site, including the availability of any Resources of the Web Site, at any time. MarketingJournal.org also may impose limits or restrictions on certain Resources or restrict your access to parts or all of the Web Site without notice or liability if we believe you are in breach of these Terms of Use or applicable law or for any other reason.

PERMITTED USE

MarketingJournal.org grants you a non-exclusive, non-transferable, limited permission to access and display this Web Site and the Resources on this Web Site solely on your computer or other personal device for your personal, non-commercial use of this Web Site. You may print a copy of online materials and contents for your own personal, non-commercial use. Except for such permitted access, display and use, you may not copy, reproduce, republish, transmit, distribute, use or create derivative works of the Web Site or Resources without express prior written consent from MarketingJournal.org. This grant of permission is conditioned on your not modifying the content displayed on this Web Site and your keeping intact all copyright, trademark, and other proprietary notices.

Software, functionality and other materials that are made available for downloading, access, or use on or from this Web Site may, in addition, have their own license terms, conditions, and notices, and you agree to be governed by such terms, conditions, and notices. Your use of the Web Site and all Resources is conditioned upon your acceptance and compliance with these Terms of Use and any other applicable terms, conditions, and notices.

PROPRIETARY RIGHTS

As between you and MarketingJournal.org, except for your own User Contributions (as defined below), MarketingJournal.org and the individual authors own, solely and exclusively, all rights, title and interest in and to the content, the Web Site, all the Resources thereon, and the look and feel and the design and organization of the Web Site, including any proprietary rights. Your access to and use of the Web Site or Resources does not grant to you any ownership rights. Except for the limited permissions expressly stated in these Terms of Use, MarketingJournal.org does not grant you any express or implied rights or licenses under any trademarks, copyrights, or other proprietary rights.

COMMUNICATION SERVICES; USER CONTRIBUTIONS

The Web Site and Resources may include email services, bulletin board services, chat areas, weblogs (or “blogs”), news groups, forums, communities or other communication facilities designed to enable you to communicate with Marketing Journal.org, with others, or with the public (each a “Communication Service”). You agree to use the Communication Services only to post, send and receive messages and materials (each a “User Contribution”) that are proper and comply with these Terms of Use.

You agree not to provide any User Contribution that is illegal, misleading, defamatory, indecent or obscene, in poor taste, threatening, infringing of any third-party proprietary rights, disrespectful, invasive of personal privacy, or otherwise objectionable. You agree not to supply any User Contribution that includes any virus, worm or other harmful code or software. You will not create a false identity, impersonate any person, or misrepresent your affiliation with any other person or entity including MarketingJournal.org, and you agree not to forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any User Contribution.

MarketingJournal.org has the right, but not any obligation, to monitor and/or review all User Contributions. MarketingJournal.org also reserves the right at all times to disclose any information as MarketingJournal.org deems necessary to satisfy any applicable law, regulation, legal process or governmental request or refuse to post or to remove any information or materials for any reason.

You agree to be careful about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information about yourself or others in your submissions to our Communication Services. In using the Communication Services, you agree to respect other persons’ privacy rights.

If you register with this Web Site or provide data about you, you agree to provide accurate, current, and complete information as may be prompted by a registration form or data input function on the Web Site (collectively “Registration Information”). Use of personal information obtained from Registration Information is subject to the practice illustrated in our privacy disclosures.

SUBMITTED MATERIALS

By submitting or sending any information or material submitted to us (including any User Contribution or any information sent to us via e-mail, “Submitted Materials”), you: (i) represent and warrant that the Submitted Materials are original to you, that you have the right to provide them, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us (subject to any applicable provisions of our privacy disclosure) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, transfer, perform and display such material (in whole or part) and to incorporate Submitted Materials in other works in any form, media, or technology now known or later developed.

You also agree that MarketingJournal.org is free to use any ideas, concepts, know-how, or techniques that you provide to us for any purpose. We are not responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

Subject to any applicable provisions of our Privacy Policy, any Submitted Materials will be deemed not to be confidential. Unless specifically requested by MarketingJournal.org in writing, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or materials from you through the Web Site, by email or in any other way.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION

See our privacy disclosures for information relating to our collection and use of personally-identifiable information on this Web Site.

THIRD-PARTY WEB SITES

While on this Web Site or using any Resources, you may have the opportunity to link from the Web Site to third-party web sites and third-party web sites may also link to this Web Site. MarketingJournal.org makes no representations whatsoever about any other third-party web site that you may access. In addition, a link to a third-party web site does not mean that MarketingJournal.org endorses or accepts any responsibility for the content, or the use, of such web site. Any reliance on the functions or contents of a third-party web site is at your own risk.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

MarketingJournal.org DOES NOT REPRESENT, WARRANT OR GUARANTEE THE SUITABILITY, TIMELINESS, SECURITY, CORRECTNESS, THOROUGHNESS, COMPLETENESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEB SITE OR RESOURCES, WHICH IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE WEB SITE AND RESOURCES MAY INCLUDE INACCURACIES OR ERRORS, MAY BE OUT OF DATE, OR INOPERABLE AND ARE SUBJECT TO CHANGE AT ANY TIME. MARKETINGJOURNAL.ORG HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS WEB SITE AND THE RESOURCES, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT THE WEB SITE WILL MEET USERS’ REQUIREMENTS.

MARKETINGJOURNAL.ORG ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY RESOURCES FROM THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY PART OF THE WEB SITE OR ANY SUCH RESOURCES SHALL BE AT YOUR SOLE RISK.

NO UNLAWFUL OR PROHIBITED USE

IN NO EVENT SHALL MARKETINGJOURNAL.ORG OR ANY OF ITS CURRENT OR FORMER DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (THE “HH ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY OF THE RESOURCES, OR FROM YOUR PROVISION OF INFORMATION VIA THE WEB SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL THE HH ENTITIES BE LIABLE FOR OR IN CONNECTION WITH THE WEB SITE OR RESOURCES. THE HH ENTITIES SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT OR IN TORT, FOR ANY AMOUNT EXCEEDING ONE DOLLAR ($1.00).

NO UNLAWFUL OR PROHIBITED USE

You may not use the Web Site or the Resources in any manner that could damage, disable, overburden, or impair any MarketingJournal.org server or any other computer or network component or system or interfere with any other party’s use and enjoyment of the Web Site or any Resources. You may not attempt to gain access to the Web Site or any Resources, other accounts, computer systems or networks connected to any MarketingJournal.org server or to any of the Resources, through hacking, password mining or any other unauthorized means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web Site or the Resources. You may not use bots or spiders or other similar methods to scan or obtain information. You may not create images or thumbnails of the Web Site or any of the Resources without express, prior, written permission of MarketingJournal.org. You may not mirror any of the content from this Web Site on another web site or in any other media. You may not insert your own or a third party’s advertising, branding or other promotional content into or in any frame around the Web Site or any of the Resources. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent any protections, reverse engineer, decrypt encrypted data, or otherwise alter or interfere with the Web Site or the Resources. 

COPYRIGHT NOTICE

The Web Site and Resources are protected by U.S. and international copyright laws and treaties. Copyright ©2016 MarketingJournal.org, 9601 McAllister Freeway, Ste. 610, San Antonio, TX, 78216 U.S.A. All rights reserved.

MarketingJournal.org is committed to respecting others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement on our Web Site, please contact our designated agent as described here.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless MarketingJournal.org and its current and former directors, officers, employees and agents from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Web Site, your placement or transmission of any message, content, information, software or other materials through the Web Site, or your breach or violation of the law or of these Terms of Use. MarketingJournal.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with MarketingJournal.org defense of such claim.

TERMINATION OF RIGHTS

Your failure to comply with the terms, conditions, and notices on this Web Site will result in automatic termination of any rights granted to you under these Terms of Use.

GENERAL PROVISIONS; DISPUTES/JURISDICTION

Except as may apply to MarketingJournal.org’ clients, these Terms of Use constitutes the entire agreement between MarketingJournal.org and you with respect to your use of the Web Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

The Terms of Use are governed by and interpreted under the laws of the State of Texas, without reference to its conflict of law principles. This Web Site is controlled, operated and administered from within the United States of America. MarketingJournal.org makes no representation that Resources at this Web Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Web Site from a location outside of the United States, you are responsible for compliance with all local laws.

Any disputes arising under or relating to the Web Site or Terms of Use shall be resolved by an arbitration panel according to the commercial arbitration rules of the American Arbitration Association, which arbitration shall take place in San Antonio, TX; however, to the extent there is potential imminent harm, a party may seek injunctive relief necessary to prevent such harm in the applicable Federal or Texas state courts in San Antonio, TX, and each party agrees to be subject to and hereby submits to the personal jurisdiction of such court.

You further agree that, to the extent permitted by law, to waive any right you may have to commence or participate in any class action or class-wide arbitration against MarketingJournal.org.

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