Terms of Services

TERMS OF USE

Welcome to the MARKETN website (the "Company Website"). This document explains the terms and conditions for using the Company Website (the "Terms of Use"). By using the Company Website, you consent to be legally bound by these Terms of Use and any new version of such posted since your last visit, which shall be enforceable in the same way as if you had signed the Terms of Use. If you do not agree to these Terms of Use, you are not granted permission to use the Company Website and must exit immediately.

These Terms of Use apply to any person or entity using and/or browsing the Company Website ("User"), including Company customers who are authorized to register to use the customer portal (the "Customer Portal").

PLEASE NOTE THAT COMPANY CUSTOMERS WHO ARE AUTHORIZED TO REGISTER TO USE THE CUSTOMER PORTAL ARE SUBJECT TO ADDITIONAL TERMS OF USE WHICH GOVERN THE USE THEREOF (THE "CUSTOMER PORTAL TERMS OF USE"). THE CUSTOMER PORTAL TERMS OF USE ARE AVAILABLE ON THE CUSTOMER PORTAL REGISTRATION AREA AND MUST BE ACCEPTED BEFORE ACCESS TO THE CUSTOMER PORTAL IS PERMITTED.


COPYRIGHT

All content of Our Sites, including but not limited to the text, graphics, logos, button icons, audio clips, video clips, data compilations, Software, and images, and their arrangement or compilation on Our Sites (Content), unless otherwise noted, are the copyrighted material of MARKETN or its content providers and are protected by United States and international copyright laws. Copyright © 2020 MARKETN. All rights reserved.


USER PROFILE

By using the Company Website, you certify that you are 18 years of age or older. If you register to receive information or certain products through the Company Website, you are representing that you are at least 18 years old and that your registration information is truthful, accurate, updated and complete.


USE OF SITE

Except as expressly stated herein, you are authorized to view copy, and print the content of this Site subject to the following conditions: (i) it is used only for your personal, informational, non-commercial purposes, you may not modify the materials at this site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. Any use of this materials on any other website or network computer environment for any purpose is prohibited (ii) any copy or portion must include MARKETN copyright and other proprietary notices, (iii) no modifications or reproductions are made; and (iv) MARKETN reserves the right to revoke such authorization at any time. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any copied or printed materials.


TRADEMARKS

"MARKETN LLC", "MARKETN", and the MARKETN logo and other MARKETN graphics, logos and service names are trademarks, registered trademarks, or trade dress of MARKETN in the United States and/or other countries. MARKETN’s trademarks or trade dress may not be used in connection with any other product or service that is not MARKETN’s, or in any manner that is likely to cause confusion among existing or future customers, or in any manner which denigrates or discredits MARKETN. All other trademarks and logos or registered trademarks and logos found on Our Sites or mentioned in them belong to their respective owners. Nothing contained on Our Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on Our Sites without the written permission of MARKETN or such third party that owns the trademarks. MARKETN will enforce its intellectual property rights to the fullest extent permitted by law. You may not use the name, logo, proprietary Content or any trademark of MARKETN without MARKETN’s express written permission.


PRIVACY POLICY

MARKETN is committed to preserving your privacy. Read more on our Privacy Policy[b] page.


LIMITED LICENSE

MARKETN grants you a limited, revocable, non-exclusive license to access and make personal use of Our Sites (License), and not to download (except for page caching) or modify any portion of it without MARKETN’s express written consent. This License is for online access only and does not allow you to commercially exploit Our Sites or any of their Content. This License does not allow you to make derivatives of Our Site or use any data mining or other data extraction or gathering tools on Our Sites. Unless otherwise specified by MARKETN in a separate license or Other Agreement your right to use any Software, data, documentation or other Content that you access or download from Our Sites is subject to these Terms. You may create a hyperlink to Our Site homepage subject to strict compliance with these Terms. Any unauthorized use of Our Sites in contravention of these Terms or a breach of this License terminates the permissions granted under this License with immediate effect.


PROFESSIONAL SERVICES AND ADVICE

In accessing any of Our Sites, no client, advisory, fiduciary or professional relationship is implicated or established and neither MARKETN nor any other person is, in connection with Our Sites, engaged in rendering auditing, accounting, tax, legal, advisory, consulting or other professional services or advice.


LIMITATION OF LIABILITY/WARRANTIES

OUR SITES AND ALL CONTENT IN THEM HAS BEEN COMPILED FROM A VARIETY OF SOURCES AND OUR SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EVERYTHING ON OUR SITES (INCLUDING SOFTWARE) IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOUR USE OF OUR SITES IS ENTIRELY AT YOUR OWN RISK.

MARKETN DOES NOT WARRANT THAT OUR SITES, VARIOUS SERVICES PROVIDED THROUGH OUR SITES, AND ANY INFORMATION, SOFTWARE OR OTHER MATERIAL DOWNLOADED FROM OUR SITES, WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MARKETN MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON OUR SITES. MARKETN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR SITES. MARKETN USES ALL REASONABLE EFFORT TO ENSURE THE ACCURACY OF THE CONTENT ON OUR SITES BUT RESERVES THE RIGHT TO CHANGE IN ITS SOLE DISCRETION OUR SITES, IN ANY WAY AND/OR AT ANY TIME, WITHOUT NOTICE.

IN NO EVENT IS THE COMPANY LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST SAVINGS, LOST PROFIT, LOST GOODWILL, LOST OR CORRUPTED DATA OR BUSINESS INTERRUPTION) EVEN IF NOTIFIED IN ADVANCE OF SUCH POSSIBILITY. THIS LIMITATION IS A MATERIAL CONDITION TO THESE TERMS OF USE, IS COMMERCIALLY REASONABLE AND HAS BEEN FACTORED INTO THESE TERMS OF USE AS A WHOLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND IN THAT CASE THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.


INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its officers, directors, owners, agents, employees, advisers and consultants, from and against any claims, actions, demands, liability, damages (including legal and professional fees) arising from your use of the Company Website, your conduct, content, communications, alleged infringement of third-party intellectual property or privacy rights, or violation of these Terms of Use.


EXTERNAL LINKS

Links on Our Sites may lead to servers maintained by individuals or organizations other than MARKETN. MARKETN has no control and makes no warranties or representations as to the accuracy, timeliness, suitability or any other aspect of the information located on such servers, and neither monitors nor endorses such servers or content.


FORCE MAJEURE

The Company is not responsible for any delay or failure in performance of the Company Website in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under these Terms of Use.


SUBMISSION OF PERSONAL INFORMATION

Please read MARKETN's Privacy Policy. These Terms are deemed to incorporate, and should be read together with, MARKETN’s Privacy Policy.


SYSTEM SECURITY

The Company endeavors to protect the security of personal information. It uses a variety of security technologies and procedures to try to protect personal information from unauthorized access, use, or disclosure.


LINKING TO THIS SITE

You may create links to this Site from other sites, but only in accordance with the terms herein and in compliance with all applicable laws:

  • The other site does not contain content that could be construed as distasteful, offensive or controversial, and contains only content that is appropriate for all age groups
  • May link to but not replicate MARKETN’s content
  • Should not create a browser or border environment around MARKETN’s content
  • Should not imply that MARKETN is endorsing it or its products
  • Should not misrepresent its relationship with MARKETN
  • Should not present false information about MARKETN’s products or services
  • Should not use the MARKETN’s logo or marks without permission from MARKETN

CHANGE TO SERVICE

The Company reserves the right to modify, change or discontinue the Company Website or any feature at any time without notice. You agree that the Company is not liable to you or to any third party as a result of any such action. The Company invites Users to make suggestions for ways that the Company Website can be improved. If you make a suggestion, then you authorize the Company to use the idea and to publish your name in connection with the submission. The Company does not compensate for the use or publication of such submissions.


IMAGES

Images of people or places displayed on Our Sites are either the property of, or used with permission by, MARKETN. Your use of these images is strictly prohibited unless specifically permitted by these Terms, specific permission provided elsewhere on Our Sites or you write directly to and obtain permission from MARKETN. Please contact "hello@marketn.io" for permission.


INJUNCTIVE RELIEF

If you violate or exceed the scope of these Terms of Use or infringe any proprietary rights in connection therewith, then you agree the Company would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining your infringing activity.


REVISIONS TO CONTENT

MARKETN may at any time revise these Terms by updating this posting. You are bound by the most current Terms every time you visit Our Sites, therefore you should periodically and carefully review these Terms to which you are bound.


GOVERNING LAW AND FORUM

THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU AGREE TO INITIATE AND MAINTAIN ANY LEGAL ACTION IN THE STATE OR FEDERAL COURTS OF NEW YORK, AND IRREVOCABLY CONSENT TO EXCLUSIVE PERSONAL JURISDICTION AND VENUE THEREIN.

YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE. Should you bring legal action against the Company, then you irrevocably agree that it will be brought and maintained within one (1) year after the claim arises or be barred. You further agree to compensate the Company for all costs and fees associated with any such legal action, including, without limitation, any and all attorneys fees. If the Company must enforce these Terms of Use, then you agree to accept electronic service at your stated e-mail address.

If any clause of these Terms shall be deemed to be invalid, void or unenforceable for any reason, that clause shall be deemed severable and shall not affect the enforceability of the remainder of these Terms.


TECHNOLOGY & DATA TRANSFER

Technology Transfer. The transport of technology, technical data and information across national boundaries is regulated by the U.S. and by certain foreign governments. You agree not to directly or indirectly export or re-export any information, software or technology obtained from or through the Company Website that requires an export license or governmental approval without first obtaining that license or approval. This provision will survive termination of the Terms of Use.

European Union Residents. If you reside in the European Union (EU) or if any transfer of information between you and the Company Website is governed by the General Data Protection Regulation (Regulation 2016/679), then you consent to the transfer of such information outside of the European Union to such other countries as may be contemplated by the features and activities provided by the Company Website.


NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information.

Complaints. The Complaint Assistance Unit of the Division of Consumer Websites of the California Department of Consumer Affairs may be contacted in writing at 1020 North Street, Suite 501, Sacramento, CA 95814, or by telephone at (916) 445-1254.


GENERAL

This document reflects the entire and exclusive agreement between the parties concerning your use of the Company Website and supersedes all other agreements in relation thereto, whether written or verbal. Customers of the Company who use the Customer Portal are subject to the additional Customer Portal Terms of Use governing such use. The Company reserves the right to change these Terms of Use at any time by posting a new version on the Company Website. Your continued use of the Company Website after the effective date of such amendment will constitute your acceptance of such change. This electronic document or a hardcopy duplicate in good form shall be considered an original document admissible into evidence unless the documents authenticity is genuinely placed in question. The Company reserves the right to assign these Terms of Use or delegate responsibility to any third party, including a party acquiring any of the operating assets or ownership interests of the Company. All licenses or permissions granted to you by these Terms of Use are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void, absent the Company’s written consent. Any provision of these Terms of Use found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Any waiver by the Company of a provision in one instance shall not preclude enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.

If any term or provision of this Legal Notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this Legal Notice shall be interpreted as if such term or provision had never been contained in this Legal Notice.