TERMS AND CONDITIONS
BY USING THE Mark Martin Marketing
to the Mark Martin Marketing Web site (the "Site"). Through the Site,
you have access to a variety of resources and content. These include:
(a) software and software as a service offerings ("Software"); (b) Web
pages, data, messages, text, images, photographs, graphics, audio and
video such as podcasts and Webcasts, and documents such as press
releases, white papers and product data sheets ("Materials"); and (c)
e-mail functions, and other services in connection with which you can
upload, download, share, email, post, publish, transmit or otherwise
access or make available Content (as defined below) ("Community
Services"). Software, Materials, and other information, content and
services are collectively referred to as "Content." By accessing or
using the Site or the Content provided on or through the Site, you
agree to follow and be bound by the following terms and conditions
concerning your access to and use of the Site and the Content provided
Martin Marketing and its affiliated companies ("We" or "Mark Martin
at the website.
1. Terms Applicable to Specific Content and Areas of the Site
areas of the Site or Content provided on or through the Site may have
additional rules, guidelines, license agreements, user agreements or
other terms and conditions that apply to your access or use of that
area of the Site or Content (including terms and conditions applicable
to a corporation or other organization and its users). If there is a
guidelines, license agreement, user agreement or other terms and
conditions for a specific area of the Site or for specific Content, the
latter shall have precedence with respect to your access and use of
that area of the Site or Content.
2. Use of Materials
may download, store, display on your computer, view, listen to, play
and print Materials that Mark Martin Marketing publishes or broadcasts
on the Site or makes available for download through the Site subject to
the following: (a) the Materials may be used solely for your personal,
informational, noncommercial purposes; (b) the Materials may not be
modified or altered in any way.
3. Reservation of Rights
Site and Content provided on or through the Site are the intellectual
property and copyrighted works of Mark Martin Marketing or a third
party provider. All rights, title and interest not expressly granted
with respect to the Site and Content provided on or through the Site
are reserved. All Content is provided on an "As Is" and "As Available"
basis, and Mark Martin Marketing reserves the right to terminate the
permissions granted to you in Section 2 above and your use of the
Content at any time.
4. Your Content
You agree that you will
not Share any Content that: (a) is binary executable code; (b) is false
or misleading; (c) is defamatory, derogatory, degrading or harassing of
another or constitutes a personal attack; (d) invades another's privacy
or includes another's confidential, sensitive or personal information;
(e) promotes bigotry, racism, hatred or harm against any group or
individual; (f) is obscene or not in good taste; (g) violates or
infringes or promotes the violation or infringement of another's
rights, including intellectual property rights; (h) you do not have the
right and authority to Share and grant the necessary rights and
licenses for; (i) violates or promotes the violation of any applicable
laws or regulations; (j) contains a solicitation of funds, goods or
services, or promotes or advertises goods or services; or (k) contains
any viruses, Trojan horses, or other components designed to limit or
harm the functionality of a computer.
Mark Martin Marketing does
not want to receive confidential information from you through or in
connection with the Site. Notwithstanding anything that you may note or
state in connection with Sharing Content, it shall not be considered
confidential information and shall be received and treated by Mark
Martin Marketing on a non-confidential and unrestricted basis.
5. Security, Passwords and Means of Accessing the Site and Content
agree not to access or use the Site in any manner that could damage,
disable, overburden, or impair any Mark Martin Marketing accounts,
computer systems or networks. You agree not to attempt to gain
unauthorized access to any parts of the Site or any Mark Martin
Marketing accounts, computer systems or networks. You agree not to
interfere or attempt to interfere with the proper working of the Site
or any Mark Martin Marketing accounts, computer systems or networks.
You agree not to use any robot, spider, scraper or other automated
means to access the Site or any Mark Martin Marketing accounts,
computer systems or networks without Mark Martin Marketing's express
6. No Unlawful or Prohibited Use
agree not to use the Site or Content provided on or through the Site
the Site or Content provided on or through the Site.
agree to indemnify and hold harmless Mark Martin Marketing, its
officers, directors, employees and agents from and against any and all
claims, liabilities, damages, losses or expenses, including reasonable
attorneys' fees and costs, due to or arising out of Content that you
Content provided on or through the Site, or your violation or
infringement of any third party rights.
Martin Marketing has no obligation to monitor the Site or screen
Content that is Shared on or through the Site. However, Mark Martin
Marketing reserves the right to review the Site and Content and to
monitor all use of and activity on the Site, and to remove or choose
not to make available on or through the Site any Content at its sole
9. Termination of Use
Mark Martin Marketing may,
in its sole discretion, at any time discontinue providing or limit
access to the Site, any areas of the Site or Content provided on or
through the Site. You agree that Mark Martin Marketing may, in its sole
discretion, at any time, terminate or limit your access to or use of
the Site or any Content. Mark Martin Marketing will terminate or limit
your access to or use of the Site if, under appropriate circumstances,
you are determined to be a repeat infringer of third party copyright
rights. You agree that Mark Martin Marketing shall not be liable to you
or any third-party for any termination or limitation of your access to
or use of the Site or any Content.
10. Third Party Web Sites, Content, Products and Services
Site provides links to Web sites and access to Content, products and
services of third parties, including users, advertisers, affiliates and
sponsors of the Site. Mark Martin Marketing is not responsible for
third party Content provided on or through the Site and you bear all
risks associated with the access and use of such Web sites and third
party Content, products and services.
WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED
ON OR THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Mark Martin Marketing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED
ON OR THROUGH THE SITE. Mark Martin Marketing MAKES NO WARRANTY THAT:
(A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL
BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY
CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE;
OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE
SITE IS USED AT YOUR OWN DISCRETION AND RISK. Mark Martin Marketing
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT.
Martin Marketing RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND
MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE
SITE AT ANY TIME WITHOUT NOTICE.
12. Limitation of Liability
NO EVENT SHALL Mark Martin Marketing BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR
LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD
PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR
ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH
13. Exclusions and Limitations
DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE
DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE
EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS,
THOSE SET FORTH IN SECTIONS 11 AND 12, DO NOT APPLY AND ALL OTHER TERMS
SHALL REMAIN IN FULL FORCE AND EFFECT.
Martin Marketing is concerned about your privacy and has developed a
policy to address privacy concerns. For more information, please see
information collected on this Site may be accessed and stored globally
and will be treated in accordance with Mark Martin Marketing's Privacy
15. Applicable Laws
All matters relating to your
access to, and use of, the Site and Content provided on or through or
uploaded to the Site shall be governed by AUSTRALIAN federal law. Any
legal action or proceeding relating to your access to, or use of, the
Site or Content shall be instituted in a state or federal court in any
State in Australia. You and Mark Martin Marketing agree to submit to
the jurisdiction of, and agree that venue is proper in, these courts in
any such legal action or proceeding.
Copyright © 2012-2015, Mark Martin Marketing and/or its affiliates. All rights reserved.