READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
1. COPYRIGHT NOTICE
Copyright 2007-2011 Markatalyst, LLC. All Rights Reserved.
2. TRADEMARK NOTICE
The name "Markatalyst" and the Markatalyst logo are trademarks and/or service marks of Markatalyst, LLC ("Markatalyst"). Unless otherwise noted on the Markatalyst Internet site, pages and all sub-pages, Uniform Resource Locator ("URL"), domain location, and all information and content thereon ("Site"), all other trademarks, service marks, and logos used in this Site are used for informational purposes and may be trademarks, service marks, or logos of their respective owners.
3. LICENSE GRANT & OWNERSHIP BY MARKATALYST
Subject to the terms and conditions of this Agreement, and until termination of the Agreement, Markatalyst grants you a non-exclusive, non-transferable, limited license to view or print all information, data, or other material, in any form or media, contained in, obtained from, or relating to the Site, including all results obtained from the Site ("Content") without alterations, for personal, non-commercial use only. This limited license does not apply to any media or platform other than that of the current Site.
All Content on the Site is, and shall continue to be, owned exclusively by Markatalyst or others ("Content Providers"), and is protected under applicable copyrights, patents, trademarks, trade dress, and/or other proprietary rights, and the copying, redistribution, use, or publication by you of any such Content or any part of the Site is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of or access to the Site ("Site Use").
4. RESTRICTIONS ON USE
a. Prohibited Acts.
Concerning your Site Use or any Content, you agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site; (ii) post or transmit to the Site any unlawful, fraudulent, harassing, libelous, or obscene Information of any kind; (iii) post or send to the Site any Information that contains a virus, bug, or other harmful item; (iv) publish, perform, distribute, prepare derivative works, copy, reverse engineer, or use the Content other than as expressly permitted herein; (v) post or transmit into or on the Site any Information in violation of another party’s copyright or intellectual property rights; (vi) take any action which imposes an unreasonable or disproportionately large load on Markatalyst’s infrastructure; (vii) redeliver any of the Content using "framing," hyperlinks, or other technology without Markatalyst’s express written permission; or, (viii) use any device or technology to provide repeated automated attempts to access password-protected portions of the Site, if any.
b. Right to Regulate.
You acknowledge that Markatalyst has the right, but no obligation, to monitor the Site and to disclose any information necessary to operate the Site, to protect Markatalyst, Markatalyst direct or indirect licensors ("Others"), and Markatalyst’s clients, and to comply with legal obligations or governmental requests. Markatalyst reserves the right to refuse to post or to remove any information on the Site, in whole or in part, for any reason.
c. Law Compliance.
You agree to comply with all governmental laws, statutes, ordinances, and regulations, including unfair competition, anti-discrimination or false advertising, regarding your Site Use.
5. YOUR SITE USE ACTIVITIES
If you are allowed access to password-protected areas of the Site, if any, you agree to keep your password confidential, to send notice to Markatalyst via certified mail, return receipt requested, at the address noted in section 10 ("Notice") within 24 hours if your password is compromised. You acknowledge that Markatalyst neither endorses nor is affiliated with any Internet site, including all information, data, and content thereon, that is linked to the Site, but not owned by Markatalyst ("Linked Site") and is not responsible for any information that appears on the Linked Site. You acknowledge that (i) the Internet is a network of computers worldwide, and that any information submitted by you to Markatalyst necessarily is routed via third party computers to Markatalyst, (ii) Markatalyst is not responsible for lapses in online security and does not assume liability for improper use of your information by a third party.
6. SUBMISSIONS OF INFORMATION BY YOU
7. APPLICABILITY & COOPERATION
Markatalyst reserves the right to limit the provision of any product or service to any person, geographic area, or jurisdiction as it so desires, or as required by law. Markatalyst in its sole discretion may add, delete or change the Content at any time, without notice to you.
8. LIMITED WARRANTY AND DISCLAIMER
a. DISCLAIMER OF WARRANTY.
MARKATALYST AND ALL CONTENT PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM ALL WARRANTIES BY MARKATALYST RELATING TO YOUR SITE USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws, including consumer laws, which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
9. CONTACTING MARKATALYST
Should you desire to contact Markatalyst, you may do so by US Mail at Markatalyst, LLC, 205 De Anza Boulevard, #208, San Mateo, CA 94402, or by email at
10. FORWARD-LOOKING STATEMENTS
Some of the information on this Site may contain projections or other forward-looking statements regarding future events or the future financial performance of Markatalyst. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
a. Location & Interpretation.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
b. Equitable Relief.
You acknowledge that any breach by you of the provisions of the Agreement will cause irreparable damage to Markatalyst or Others and that a remedy at law will be inadequate. Therefore, in addition to any and all other legal or equitable remedies, Markatalyst and Others will be entitled to injunctive relief for any breach of this Agreement.
In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
d. Complete Integration.
This Agreement constitutes the entire agreement between you and Markatalyst pertaining to the subject matter hereof. You agree to review this Agreement prior to any Site Use, and each Site Use by you shall constitute and be deemed your unconditional acceptance of this Agreement. This Agreement may be prospectively modified by Markatalyst, by posting a revised Agreement on the Site.
The Agreement may be terminated by either Party, in its sole and absolute discretion, at any time and for any reason, with or without cause, with or without notice. If the Agreement is terminated, you agree to cease all Site Use and, upon request by Markatalyst, to return all Information in your possession relating to the Site, and all copies thereof.
f. Survival of Certain Provisions.
Any and all provisions or obligations contained in this Agreement which by their nature or effect are required or intended to be observed, kept or performed after termination of this Agreement will survive the termination of this Agreement and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
No delay or omission to exercise any right or remedy accruing to Markatalyst upon any breach or default by you shall constitute a waiver by Markatalyst of any breach or default.
All article or section headings, or exhibit names, are for reference and convenience only and shall not be considered in the interpretation of the Agreement.
i. No Agency.
You and Markatalyst are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
If this Agreement conflicts with a provision of any other contract between you and Markatalyst relating to the Site, the provision in such other Agreement shall govern.