BY ACCESSING, VIEWING OR USING THIS SERVICE
YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF
USE, YOU MAY NOT USE THIS SERVICE.
You may not access
OR USE thIS Service if You are A competitor. In addition, You may not access
OR USE thIS Service for purposes of monitoring ITS availability, performance
or functionality, or for any other benchmarking or competitive purpose.
THESE TERMS OF USE WERE LAST UPDATED ON JANUARY 6,
2019
1. Ownership
and Operation
This website (the “Site”) and its related services and applications
(collectively, this "Service") is owned and offered by MarkSetBot
(“MSB”).
The content, features and
functions displayed on the Site, including without limitation, all text,
graphics, logos, button icons, images, data compilations, hardware design, and software is the
property of MSB or its third party licensors, and is protected by U.S.
and international copyright and other intellectual property Laws. By accepting the terms, you agree to respect any U.S. and international Patents held by MSB.
The Site contains trademarks and trade names of MSB. Third party trademarks
and trade names are the property of their respective owners. Nothing
contained on the Site should be understood as granting you a license to use
any of the trademarks, service marks, or logos owned by MSB or by any
third party.
2. Modifications/Discontinuance
of Site or Service
MSB may, in its sole discretion and at any time or from time to time, modify,
suspend or discontinue the Site or this Service or specific portions of it.
3. Agreement to Be Bound; Termination
Your use of this Service constitutes your agreement with MSB to be bound by,
and to act in accordance with, these Terms of Use. You may terminate your use
of this Service at any time. MSB may suspend or terminate your access to or
use of this Service at any time immediately and without prior notice or
obligation to you (i) if you violate any of these Terms of Use as determined
by MSB in its sole discretion, or (ii) for any other reason in MSB's sole
discretion. You agree that MSB shall not be liable to you for any suspension,
discontinuance, termination, change or modification of your use of or access
to this Service.
4. User Accounts
To use the Site, You will be
required to register an account (“Account”) with MSB. MSB will have the
right to rely upon any information received from any person using a password
assigned to you and will incur no liability arising out of such reliance. MSB
has no obligation to verify the authenticity of any registration information.
5. Continuing
Agreement
MSB may change these Terms of Use at any time or from time to time. You will
be prompted to review and agree to these Terms of Use whenever changes are
posted. To the fullest extent permitted under all applicable federal, state,
local, or foreign statute, ordinance, law, rule, regulation and requirement
(“Applicable Laws”), your use of the Service reaffirms your continuing
agreement to the then-current Terms of Use.
6. Ownership and Use of the Service and Site Materials
All right, title and interest in and to this Service, including all text,
designs, images, graphics, Software and other content and materials on the
Service (collectively, "Materials"), are owned by MSB and its
licensors. MSB also owns or has a right to use all trademarks, service marks,
logos, and trade names used on this Service (collectively,
"Trademarks").
MSB grants to you a limited, revocable, non-exclusive, non-assignable and
otherwise non-transferable license to access and use this Service (including
any Materials) and to download the Materials on an unlimited number of
devices for your own use strictly in accordance with these Terms of Use. MSB
may in its sole discretion suspend, discontinue or terminate this license at
any time for any reason.
No part of the Service may be copied, reproduced, republished, uploaded,
posted, transmitted, distributed, stored or incorporated into any information
retrieval system in any way. In addition, you may not modify, decompile,
disassemble, reverse engineer or transfer this Service, the Materials or any
portion of either the Service or Materials.
You may not use any device, software or routine to interfere or attempt to
interfere with the proper working of this Service or any portion thereof and
you may not take any action that imposes an unreasonable burden on the
Service, as determined by MSB in its sole discretion.
Any modification of the Materials or use of the Materials for any other
purpose is a violation of MSB's or its licensors' copyright and other
proprietary rights. The use of any Materials on any other service or computer
network without MSB's written consent is strictly prohibited. All rights not
expressly granted to you are reserved by MSB or its licensors.
7. Additional Use
Limitations
You are prohibited from
violating or attempting to violate any security features of the Site,
including, without limitation, (i) accessing content or data not intended for
you, or logging onto a server or account that you are not authorized to
access; (ii) attempting to probe, scan, or test the vulnerability of the
Site, or any associated system or network, or to breach security or
authentication measures without proper authorization; (iii) interfering or
attempting to interfere with service to any user, host, or network,
including, without limitation, by means of submitting a virus to the Site,
overloading, “flooding”, “spamming”, “mail bombing”, or “crashing”; (iv)
using the Site to send unsolicited e-mail, including, without limitation,
promotions, or advertisements for products or services; (v) using any
automatic or manual process to monitor or copy any portion of the Site; (vi)
forging any TCP/IP packet header or any part of the header information in any
e-mail or in any posting using the Services; (vii) introducing any viruses,
Trojan horses, worms, time bombs, cancelbots or other computer programming routines
that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information; (viii)
attempting to modify, reverse-engineer, decompile, disassemble, or otherwise
reduce or attempt to reduce to a human-perceivable form any of the source
code used by MSB in providing the Site. Any violation of system or network
security may subject you to civil and/or criminal liability.
The Service may be used only for lawful purposes. Transmission, posting,
distribution or storage of material or conduct in violation of any Applicable
Laws is strictly prohibited. You shall be solely responsible for any
violations of any Applicable Laws.
8. Privacy
MSB’s Privacy Policy can be found at: https://store.marksetbot.com/terms_privacy.asp
The Privacy Policy is incorporated into these Terms of Use and explains MSB's
privacy practices. By using the Service, you agree to the terms of the
Privacy Policy.
9. User Code of Conduct
In using the Service, you agree:
- not to
use this Service in breach of these Terms of Use;
- not to
"spam" others or "phish" for others' personal
information;
- not to
disrupt or interfere with the security of, or otherwise abuse, this
Service, or any part this Service;
- not to
upload, post or otherwise transmit through or on this Service any viruses
or other harmful, disruptive or destructive files;
- not to
use, frame or utilize framing techniques to enclose any part of this
Service without MSB's express prior written consent;
- not to
"deeplink" to this Service without MSB's express prior written
consent;
- not to
create or use a false identity on this Service;
- not to
collect or store personal data about others;
- not to
attempt to obtain unauthorized access to this Service or portions of
this Service that are restricted from general access;
- not to
transmit any material that is false and/or defamatory, inaccurate,
abusive, vulgar, hateful, harassing, obscene, profane, sexually
oriented, threatening, invasive of a person's privacy, in violation of
any third party proprietary rights, or in violation of any law or
regulation;
- not to
use the features of this Service at any other web site;
You
agree to immediately notify MSB if you suspect illegal, fraudulent or abusive
activity, or any activity in violation of these Terms of Use, including any
unauthorized access to your Account. If you so notify MSB, or we otherwise
suspect such activity, you agree to cooperate with MSB in any investigation
and to use any prevention measures we prescribe.
10. Geographic
Scope of Site
MSB controls and operates this Service from within the United States of
America and the Site and all Materials originate from the United States of
America. Users who choose to
access this Site from other locations do so at their own risk and are
responsible for compliance with Applicable Laws in the jurisdiction in which
they access or use the Site.
11. Links
to Other Sites
For your convenience and enjoyment, this Service may provide links to other
third party web sites on the World Wide Web that are not operated by MSB
("Third Party Site"). MSB has no control over these Third Party
Sites and is not responsible or liable for the availability, security,
content, or resources of such Third Party Sites. MSB may provide such links
to Third Party Sites to you only as a convenience, and the inclusion of any
link does not imply a referral by MSB to, or an endorsement by MSB of, the
linked Third Party Site or any products or services, or other materials on or
available from such Third Party Site. MSB is not responsible for webcasting
or any other form of transmission received from any linked Third Party Site.
In addition, MSB is not liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with your use of such
content, information, products, goods or services available on or through any
such Third Party Sites.
If you determine to share any information about any MSB products through a
social network platform, including through links provided by MSB through the
Service, you may be able to post such information directly to your profile at
the social networking platform without leaving the Service. Some social
networking platforms enable functionality that allows a user to receive and
transmit data to the social networking platform through use of overlays or
other technology. Although it may appear that the data is collected by MSB,
the data is in fact collected directly by the social networking platform
and/or a third-party service provider. Your use of a social network platform
to share any information is subject to, and you must comply with, the terms,
conditions and restrictions of that social network platform.
12. Violations
MSB may investigate reports of abuse or misuse and, if appropriate,
limit or prohibit your use of the Site or modify your user profile to reflect
its determinations. You agree that we may access your Account and records on
a case-by-case basis to investigate complaints or allegations of abuse,
infringement of third party rights, or other unauthorized use of the Site. MSB reserves
the right to terminate your Account or your access to the site immediately,
with or without notice to you, if we believe you have violated any terms of
this Agreement, furnished MSB with false or misleading information, or
interfered with use of the Site by others. All determinations are final and
are made at MSB's sole discretion. In agreeing to this Agreement, you
agree to participate in investigations and be bound by MSB’s determinations.
If MSB, in its sole discretion, determines that a violation of this Agreement
has occurred, or if MSB believes that your actions may cause legal
liability for you, other users or MSB, MSB may take any actions or
pursue any legal remedies that it believes are necessary or prudent,
including, but not limited to, issuing a warning, filing a complaint,
deleting any posted material from our Site, suspending or canceling your
Account, filing a report with the appropriate authorities and/or excluding
any person(s) who may have violated any terms of this Agreement. MSB may
cooperate with any investigation by any federal, state, or local body or any
court or tribunal. Such cooperation may be with or without notice to you.
13. CONTENTS
OF THIS SERVICE - DISCLAIMER
THE MATERIALS IN THIS SERVICE (INCLUDING ANY GRAPHICS, SOFTWARE,
RECOMMENDATIONS OR OTHER MATERIALS) AND ANY MATERIALS MADE AVAILABLE THROUGH
THIS SERVICE ARE PROVIDED "AS IS" AND "AS-AVAILABLE", AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MSB DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. MSB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIALS IN
THIS SERVICE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
THESE MATERIALS COULD BE INACCURATE OR BECOME INACCURATE AS A RESULT OF
DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES. MSB UNDERTAKES NO
OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
14. OPERATION OF THIS SERVICE - DISCLAIMER
MSB ENDEAVORS TO MAINTAIN THIS SERVICE AND ITS OPERATION, BUT IS NOT, AND
CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS
SERVICE OR ITS OPERATION. AS TO THE OPERATION OF THIS SERVICE, MSB EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MSB MAKES NO WARRANTY THAT
(I) THE OPERATION OF THIS SERVICE WILL MEET THE USER'S REQUIREMENTS; (II)
ACCESS TO THIS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF
VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR FREE OF DEFECTS
OR ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS
SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU
(AND NOT MSB) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION
THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE AND
SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER
YOU MAY HAVE AS A RESULT OF VISITING THIS SERVICE.
15. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL MSB, ITS PARENTS, SUBSIDIARIES AND AFFILIATED
COMPANIES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES, SUCCESSORS AND ASSIGNS
(COLLECTIVELY, THE "MSB PARTIES") BE LIABLE FOR ANY DAMAGES OR
INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR
OTHER DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
SERVICE OR ANY MATERIALS IN THIS SERVICE, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SERVICE OR INFORMATION AVAILABLE ON OR
THROUGH THIS SERVICE. THE MSB PARTIES SHALL NOT BE LIABLE EVEN IF MSB OR A MSB
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THESE INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY
ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION
OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER
HARMFUL COMPONENT.
IN
NO EVENT SHALL THE MSB PARTIES' TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SERVICE.
These limitations apply
among other things to any third-party claims against MSB. The provisions of
Sections 13-15 represent a reasonable allocation of the risks under this
Agreement. MSB's willingness to allow you to access and use the Site
reflects this allocation of risk and the limitations of liability specified
herein.
16. Indemnification
You hereby agree to defend, indemnify and hold the MSB Parties harmless from
and against any and all claims, actions or proceedings of any kind and from
any and all damages, judgments, losses, liabilities, costs and expenses,
including reasonable attorney's fees and expenses (including any incurred in
enforcement of this provision), relating to or arising out of your use of
this Service, your breach or alleged breach of these
Terms of Use, including any of your warranties, representations or agreements
hereunder, your violation of Applicable Laws, or your violation of any rights
of another person or entity.
17. Copyright Agent
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides
recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under U.S. copyright law. If you believe that
your work has been copied in a way that constitutes copyright infringement,
or that your intellectual property rights have been otherwise violated,
please provide our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that
you claim has been infringed;
(c) a description of where the material that you claim is infringing is
located, with enough detail that we may find it;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright or intellectual property owner, its
agent, or the law;
(f) a statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or
intellectual property owner's behalf.
Any notification by a copyright owner or a person authorized to act on its
behalf that fails to comply with requirements of the DMCA shall not be
considered sufficient notice and shall not be deemed to confer upon us actual
knowledge of facts or circumstances from which infringing material or acts
are evident. Our copyright agent for notice of claims of copyright or other intellectual
property infringement can be reached as follows:
Kevin Morin
+1 855 627-5738
MarkSetBot
2200 Hunt Street
Detroit, MI 48207 USA
We suggest that you consult your legal advisor before filing a notice with
our copyright agent.
We may, in appropriate circumstances and in our sole discretion, prohibit
users who may be repeat infringers from accessing the Service or making
submissions.
18. Applicable Law; Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms
of Use (whether for breach of contract, tortious conduct or otherwise) will
be governed by the laws in effect in the State of Michigan, United States of
America, without reference to its conflicts of law principles. Any legal
actions, suits or proceedings arising out of these Terms of Use (whether for
breach of contract, tortious conduct or otherwise) will be brought
exclusively in the Michigan state or federal courts, as applicable, located
in Wayne County, Michigan, and MSB and you hereby accept and submit to the
personal jurisdiction of these Michigan courts with respect to any legal
actions, suits or proceedings arising out of these Terms of Use. MSB and you
also waive to the fullest extent permitted by law any right to a trial by
jury in any action, suit or proceeding brought to enforce, defend or
interpret any right or remedies under, or arising in connection with or
relating to, these Terms of Use.
19. Severability If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect: the validity or enforceability in that jurisdiction of any other provision of this Agreement; or the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.
|