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MarketingPilot Software LLC ("MarketingPilot") makes information
available on this Web site (this "Site"), subject to the following
terms and conditions. By accessing this Site, you agree to these terms
and conditions. MarketingPilot reserves the right to change these terms
and conditions at any time without notice. MarketingPilot reserves the
right to seek all remedies available by law and in equity for any violation
of these terms and conditions. Any rights not expressly granted herein
are reserved by MarketingPilot. These terms represent the entire understanding
relating to the use of this Site and supersede any prior or contemporaneous,
conflicting or additional communications.
Copyright
The materials on this Site are copyrighted and protected by worldwide
copyright laws and treaty provisions. You may download one copy of the
information ("Materials") found on this Site on a single computer
for your personal, noncommercial internal use only unless specifically
licensed to do otherwise by MarketingPilot in writing. Except as otherwise
provided in this paragraph, no portion of this Site may be distributed
or reproduced by any means, or in any form, without MarketingPilot's prior
written permission. Except where otherwise specified, the contents of
this site are copyright © 2001 - 2007 MarketingPilot Software LLC,
1822 Ridge Avenue, Evanston, IL USA 60201. All rights reserved.
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, MarketingPilot designates
an agent, as described below, to receive notifications of claimed infringement.
If you believe that your work has been copied and is accessible on this
Site in a way that constitutes copyright infringement, you may contact
us as provided below.
Attn. Marketing Services
MarketingPilot LLC
1822 Ridge Avenue
Evanston, IL USA 60201
Use of Software
The software and accompanying documentation available for download from
this Site are the copyrighted work of MarketingPilot and or third parties.
Use of the software is governed by the terms of the end-user license agreement
which accompanies such software. If no license agreement accompanies the
download, the terms of the license agreement which accompanied the original
product being updated will govern. Such software is made available for
download solely for use by end-users according to such end-user license
agreement. You will not be able or permitted to use, download or install
any software unless you agree to the terms of such end-user license agreement.
Use of Site Materials and Information
Except as otherwise indicated on this Site, you may view, print, copy,
and distribute documents (but not software) on this Site subject to the
following terms and conditions: (a) The documents may be used solely for
informational, personal, noncommercial purposes; (b) any copy of the documents
or portion thereof must include all copyright and proprietary notices
in the same form and manner as on the original; (c) the documents may
not be modified in any way; and (d) MarketingPilot reserves the right
to revoke such authorization at any time, and any such use shall be discontinued
immediately upon notice from MarketingPilot. Documents specified above
do not include the layout or design of this Site. Elements of this Site
are protected by trade dress or other laws and may not be imitated or
reproduced in whole or in part.
Documents specified above do not include logos, graphics, sounds or images
on this Site, which may be reproduced or distributed only when expressly
permitted by MarketingPilot.
Submissions, Comments and Feedback
Any questions, comments, suggestions, ideas, concepts, techniques, data,
materials or information ("Feedback") that you provide to us
shall not be regarded as confidential. We have no obligation of any kind
with respect to any Feedback. We shall be free to reproduce, perform,
use, disclose, exhibit, display, transform, create derivative works from,
and/or distribute any Feedback without limitation. Further, we shall be
free to use any ideas, concepts, know-how, data or techniques contained
in any Feedback for any purpose whatsoever, including, but not limited
to, developing, manufacturing and marketing products that incorporate
such ideas, concepts, know-how, data or techniques.
Linking to Site
MarketingPilot permits anyone to link to this Site subject to the linker's
compliance with the terms and conditions set forth below. A site that
links to this Site:
- May link to, but not replicate, content contained in this Site;
- Must not create a frames or border environment or browser around content
contained in this Site;
- Must not present misleading or false information about MarketingPilot's
services or products;
- Must not misrepresent MarketingPilot's relationship with the linker;
- Must not imply that MarketingPilot is endorsing or sponsoring the
linker or the linker's services or products;
- Must not use MarketingPilot's logos or trade dress without prior written
permission from MarketingPilot;
- Must not contain content that could be construed as obscene, libelous,
defamatory, pornographic, or inappropriate for all ages;
- Must not contain materials that would violate any laws;
- Must agree that the link may be removed at any time upon MarketingPilot's
request pursuant to MarketingPilot's reserved rights to rescind its
consent to allow the link.
Links to Other Sites
This Site provides links to third-party Web sites, which are not under
the control of MarketingPilot. We make no representations about any other
Web site, that you may access through this one. When you access a non-MarketingPilot
Web site please understand that it is independent from us, and that we
have no control over the content on that Web site. In addition, a link
to a non-MarketingPilot Web site does not mean that we endorse or accept
any responsibility for the content, or the use, of such Web site.
Viruses and Destructive Code
It is up to you to take precautions to ensure that whatever you select
for your use is free of such items as viruses, worms, Trojan horses and
other items of a destructive nature.
Third-party Products and Services
This Site mentions third-party products and services for informational
purposes. MarketingPilot makes no recommendations or endorsements about
any third-party products and services. References to third-party services
and products are provided by MarketingPilot "as is", without
warranty of any kind, either express or implied.
Disclaimer, Limitation of Liability and Indemnification
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND
MARKETINGPILOT, THE SOFTWARE, DOCUMENTS, FILES AND INFORMATION CONTAINED
ON THIS SITE ARE PROVIDED "AS IS", AND ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT, ARE DISCLAIMED. MARKETINGPILOT MAKES NO REPRESENTATIONS,
WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF ANY OF THE INFORMATION CONTAINED ON THIS SITE. ANY
QUESTIONS REGARDING THE INFORMATION SHOULD BE DIRECTED TO THE PROVIDERS
OF SUCH INFORMATION CONTAINED ON THIS SITE OR OTHER DOCUMENTS WHICH ARE
REFERENCED BY OR LINKED TO THIS SITE. IN NO EVENT WILL MARKETINGPILOT
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY
OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, RELIANCE ON ANY
OF THE MATERIALS PRESENTED ON THIS SITE, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS, LOSS OF OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM,
OR OTHER ECONOMIC ADVANTAGE, EVEN IF MARKETINGPILOT EXPRESSLY ADVISED
OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGES. YOU AGREE TO INDEMNIFY
AND HOLD MARKETINGPILOT HARMLESS FROM, AND YOU COVENANT NOT TO SUE MARKETINGPILOT
FOR, ANY CLAIMS THAT MAY BE ASSERTED, ARISING OUT OF, RELATING TO, OR
BASED ON USING THIS SITE OR ANY OF THE SERVICES PROVIDED ON OR MADE ACCESSIBLE
BY THIS SITE. THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES.
CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, MARKETINGPILOT
MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
Products and Services Availability
This Site can be accessed from countries around the world and may contain
references to MarketingPilot services, programs, and products that have
not been announced in such country. These references do not imply that
MarketingPilot intends to announce such services, programs, or products
in such country.
Governing Law and Forum
The terms of use set forth in these Legal Notices and any claims relating
thereto shall be governed and construed in accordance with the laws of
the State of Illinois, without giving effect to the conflict of laws provisions
thereof or of any other jurisdiction. You agree and hereby submit to the
exclusive personal jurisdiction and venue of the Superior Court of Cook
County in the State of Illinois and the United States District Court
for the Northern District of Illinois, with respect to any claims arising
out of or relating to the terms of use set forth in these Legal Notices
or your use of this Site.
International Use
MarketingPilot controls and operates this Site from its headquarters located
in the State of Illinois in the United States. We make no representation
that this Site or its contents are appropriate and available for use in
other locations and accessing them from territories where their content
is illegal is prohibited. You may not use or export the contents of this
Site in violation of United States export laws and regulations. If you
use this Site from other countries, you are responsible for compliance
with applicable local laws including, but not limited to, the export and
import regulations of such countries.
Export Control Laws
Software available on this Site is subject to United States export controls.
No software from this Site may be downloaded or otherwise exported or
re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya,
Sudan, North Korea, Iran or any other country to which the United States
has embargoed goods; or (2) to anyone on the United States Treasury Department's
list of Specially Designated Nationals or the United States Commerce Department's
Table of Denial and Prohibition Orders.
By downloading or using software from this Site, you are agreeing to
the foregoing and all applicable export control laws. You are also warranting
that you are not under the control of, located in, or a resident or national
of any such country or on any such list. You agree to comply strictly
with all United States export control laws and assume sole responsibility
for obtaining licenses to export or re-export as may be required.
The information on export control laws provided herein is not necessarily
complete. For more information on export control laws, please refer to
15 C.F.R. §§736, 738, 744, 746, or telephone the United States
Commerce Department, Bureau of Export Administration at (408) 998-7402,
(202) 482-2440, or (202) 482-4811.
US Government Restricted Rights
Any software which is downloaded from this Site for or on behalf of the
United States of America, its agencies and/or instrumentalities, is provided
with Restricted Rights. Use, duplication, or disclosure by the US Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of
the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is
MarketingPilot LLC, 1822 Ridge Avenue, Evanston, IL 60201 USA.
Registrant Removal
In the event that we determine, in our sole discretion, that you have
breached any of our terms of use, or have otherwise demonstrated conduct
inappropriate for our community, we reserve the right to, with or without
notice, (a) delete any or all content provided by you or your agent(s)
to this Site; (b) terminate your access to this Site; (c) notify and/or
send content to and/or fully cooperate with the proper law enforcement
authorities for further action; and/or (d) take any other action which
we, in our sole discretion, deem to be appropriate.
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