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.
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, 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.
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
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
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”).
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.
User Code of Conduct
In using the Service, you agree:
- 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;
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.
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.
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:
+1 855 627-5738
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