Email Marketing Expert Web Site Agreement
The Email Marketing Expert Web Site (the "Site") is an
online information service provided by [Company Name] ("Email
Marketing Expert"), 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. Email Marketing
Expert 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 Email Marketing Expert, 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
Email Marketing Expert 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 Email Marketing Expert by all means and in any media now
known or hereafter developed. You also grant to Email Marketing
Expert 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 Email Marketing
Expert for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to Email Marketing
Expert.
TRADEMARKS
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of Email
Marketing Expert. 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 Email Marketing Expert,
Email Marketing Expertdoes not operate, control or endorse any
information, products or services on the Internet in any way.
Except for Email Marketing Expert- 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 Email Marketing
Expert a. You also understand that Email Marketing Expert 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. Email Marketing Expert 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 Email Marketing Expert 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. Email Marketing Expert 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. Email Marketing Expert has no control over and accepts no
responsibility whatsoever for such materials.
Limitation of liability
In no event will Email Marketing Expert 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
Email Marketing Expert 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, Email
Marketing Expert liability is limited to the greatest extent
permitted by law.
Email Marketing Expert 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- Email Marketing
Expert web site, please understand that it is independent from
Email Marketing Expert, and that Email Marketing Expert has no
control over the content on that web site. In addition, a link to
a Email Marketing Expert web site does not mean that Email
Marketing Expert 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 Email Marketing
Expert, 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 Email Marketing Expert
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 USA applicable to agreements made and to be
performed in USA. You agree that any legal action or proceeding
between Email Marketing Expert 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 USA . 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. Email Marketing Expert '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.
Email Marketing Expert 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.