Acceptance of Terms of Use. By using this web site or any of its products or services, hereafter referred to as "contents," you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms please do not use this site, its services, or any of its contents.

Correspondences. By using this service and any of its contents, functions or materials, you understand and agree that any information you supply may be used by the company, or its affiliates, for routine correspondences that could include any of the following types of communications & solicitations: email, fax, snail-mail, or telephone. Additionally, data may be tracked by the company to monitor server connection log files, verify membership, maintain security, monitor traffic or usage patterns, and /or otherwise track users for any reason judged appropriate by the company, in order to better understand our clientele and their usage of our products.

Proprietary Rights. This service, and the entire contents thereof, including but not limited to, web pages, information, materials, text, software, graphics and sub-domains (collectively referred to as the "Contents"), are provided by and are the exclusive property of Marketcheck and its affiliates. You may only access and use this web site and any function provided as allowed under these Terms of Use. Except as otherwise set forth below, Marketcheck and its affiliates own this web site and all the Contents. Federal and state intellectual property laws and treaties apply to and protect the Contents and their use. Marketcheck does not claim any ownership rights or intellectual property claims to any third-party names, trademarks, service marks, or to any third party copyrighted images or content that appear on this web site, in the Contents, or as any part of the service. Your use of this service and of its Contents does not entitle you to any ownership rights or intellectual property claims to this service or its Contents. You assume sole responsibility for any damage caused, whether directly or indirectly, by your infringement of Marketcheck 's intellectual property rights and/or by your transmission, use, distribution, redistribution, or replication, of any of the Contents in violation of the terms and conditions.

Limited Right to Use. Marketcheck grants you a limited, non-exclusive, non-transferable right to access and use the Content solely for your own internal business purposes and subject to these Terms of Use. The use, viewing, printing, downloading, or making available of the Content is restricted solely to the extent necessary to communicate or interact with customers and to use the Contents within the operation of your respective business as an authorized user of the product(s) according to the purposes for which they were designed, and any other republication, distribution, assignment, sublicense, sale or preparation of derivative works for any other purpose is strictly prohibited. No Content may be reproduced in any form or incorporated into any information retrieval or broadcasting system other than for your internal use as an authorized user of the product(s) and within the range of the functions and purposes for which the product(s) is/are currently being made available. All rights not expressly granted to you are reserved by Marketcheck. Marketcheck reserves the right to revoke the aforementioned rights and license at any time without notice, and to change, discontinue, restrict or prevent access to, this web site or to the Contents or to any portion or feature thereof.

User Conduct. You agree not to upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, phone calls, faxes, emails, software, images, sound, data, or other information, that is unlawful, threatening, offensive, abusive, harassing, defamatory, libelous, deceptive, fraudulent, that infringes upon any intellectual property or proprietary right of any party, or that constitutes unauthorized or unsolicited advertising, use of auto-dialers, unsolicited phone calling, unsolicited faxes, junk or bulk email (also known as "Spamming"), chain letters, or any other form of unauthorized solicitation. You also agree that you will not harvest or collect information about individuals, participants, users, or members of the service, for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic email or other unlawful communications. Furthermore it is the responsibility of the individual user to stay informed of laws that may affect the manner in which they intend to use Marketcheck products and Marketcheck makes no representations as to the legality of its products in any specific location, or for any individual user's intended purpose(s).

User's Grant of Limited License. When posting or submitting content to this web site, its email delivery system, or any other tool or function that is a part of any product or feature produced or supplied by Marketcheck, you: 1.  grant Marketcheck and its affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content for the purpose it is submitted; and 2.  warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Marketcheck will not infringe or violate the rights of any third party.

Communications by Users. This service may contain means by which users of the service may communicate and exchange information. Marketcheck is not responsible for any statements made by users of this service, and neither endorses statements made therein nor warrants that the statements are true. Your reliance upon any such statements is done at your own risk. Furthermore, you are required to comply with all relevant Federal and local laws when making communications using data or tools supplied by Marketcheck. Marketcheck reserves the right to prevent access to users who abuse the right to post communications and to edit statements made by users of the service.

Communication Tools and Data. This service may provide contact information and tools that facilitate the locating and contacting of other individuals or entities. It is the user's responsibility to comply with all Federal and local laws while using Marketcheck products. Caution is given that laws regulate the manner and circumstances by which communications may be legally made via telephone, fax, and email, and it is the responsibility of the Marketcheck user, to be in compliance with all laws both Federal and local, when using any Marketcheck product. Data and tools supplied by Marketcheck whether in the form of contact information, do-not-call list scrubbing, other information sent or displayed, or auto distribution tools for emailing, calling, or faxing, should not be construed as permission to contact any person or entity for any reason, commercial or otherwise.

Information tools and data provided. This service may provide data and / or tools that facilitate the storing, tracking, organizing, validating, cleansing, or other forms of data manipulation. When using any of these services or tools the user agrees and understands that it is the users' responsibility to ensure that the manner in which they intend to use the various services are sufficient to achieve the user's intended results. Marketcheck nor its redistributors will be responsible for errors or omissions of data or partial or incomplete data and any resultant damages. Caution is given that data is being supplied for informational purposes only and subject to change at any time, and it is the user's responsibility to verify all information provided before relying upon any data in making decisions that could result in the incurring of damages penalties or losses of any sort.

Re-distributors. Some products may allow the user to redistribute certain content via tools provided to the user. In these instances the re-distributor agrees to indemnify Marketcheck from any claim or damages arising directly or indirectly from use of the service or its contents, by the the users the re-distributor supplies with Marketcheck content, or the re-distributors themselves. You also agree that as a re-distributor you will not make any representations or guarantees on behalf of Marketcheck and Marketcheck will not be bound by any statements you may make regarding Marketcheck products. Furthermore, if you are an end-user receiving data or other content from a re-distributor, you agree and understand that all content supplied is accepted "as-is" and "as-available" and you will hold Marketcheck and its content re-distributors harmless from damages arising from, or out of, the use of all Marketcheck supplied products.

Third Party Sites. This service may produce or distribute automated search results that link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Marketcheck, and you acknowledge that Marketcheck is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Marketcheck or any association with its operators.

Disclaimer of Warranties. This web site and all of its services are only intended to provide data and information that may be of interest to its authorized users. The Contents are provided to you as a service and only on an "as-is" and "as-available" basis. Marketcheck will not be responsible for any errors or omissions in the Contents, nor for any loss or damage arising from your reliance on the Contents or a linked site. Marketcheck believes the Contents to be reliable, but makes no claims, warranties or representation, with regard to the reliability, accuracy, truth, timeliness, usefulness, or completeness, of the Contents. The Contents are comprised solely of general information and are not customized to your personal situation. Marketcheck does not offer legal, accounting or financial advice or guidance. You should not depend or rely upon any of the Contents contained in, or distributed from, the company or this web site. Your reliance upon any of the Contents contained in this web site is done so at your own risk. You alone are responsible for any decisions you make as a result of using this service.

YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS WEB SITE, ITS PRODUCTS AND FUNCTIONS. ALL CONTENTS AND MATERIALS ARE PROVIDED "AS IS," AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. MARKETCHECK, ITS AFFILIATES, AND REDISTRIBUTORS OF MARKETCHECK SUPPLIED DATA AND TOOLS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE CORRECT, OR SUITABLE FOR ANY PURPOSE; THAT THIS WEB SITE OR ANY FUNCTION WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY DISTRIBUTED MATERIALS ARE SUITABLE TO BE USED FOR ANY PURPOSE. AT THE SAME TIME CAUTION IS GIVEN THAT LOCAL AND FEDERAL LAWS LIMIT THE MANNER IN WHICH SOME PRODUCTS CAN BE USED, AND IT IS THE REPONSIBILITY OF THE USER TO CHECK THE APPROPRIATENESS AND LEGALITY OF THE SERVICE(S) MARKETCHECK PROVIDES, INCLUDING ALL PRODUCTS AND FEATURES, WITH THE APPROPRIATE GOVERNING AND LEGAL BODIES IN THEIR JURISDICTION. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK.

Limitation of Liability. MARKETCHECK AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THIS WEB SITE OR ANY TEMPLATE SITE, OR TO ACCESS THE CONTENTS, OR FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, ANY TEMPLATE SITE, THE CONTENTS, OR ANY HYPERLINKED SITE, EVEN IF MARKETCHECK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification. Upon a request by Marketcheck, you agree to defend, indemnify, and hold harmless Marketcheck and its affiliates, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this web site or any template site. Marketcheck reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Marketcheck in asserting any available defenses.

International Use. Marketcheck makes no representation that materials on this web site or any template site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this web site or any template site from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Forum. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Utah, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this web site or any template site shall be filed only in the state or federal courts located in the State of Utah, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Marketcheck with respect to this site and its products and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Marketcheck. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Cancellation: We are a subscription service and billing is done on a month-to-month basis until the time user contacts us to unsubscribe. To unsubscribe you may contact us via phone or email at. All users will be provided with a cancellation confirmation over the phone and via email at the time of cancellation.

Refunds/Credits: Refunds or credits due to cancellation will generally not be provided whether or not the account has been used and regardless of the length of time since last billing, but user will still be able to access their account through the end of their current billing cycle. If the account is billed post any cancellation request, credits will only be granted if user can provide confirmation of their previous cancellation. As stated above, cancellation emails are provided and sent via email at the time of cancellation. If user cannot provide a cancellation email, refunds will not be given regardless of whether or not the account has been used. Any other credits/refunds will be considered only on a case-by-case basis and any user who has received a credit in the past will not be eligible for a second credit on any subsequent billing or account(s), regardless of the circumstances. (This includes Risk-Free Trials. Risk-Free Trials are a one-time offer and any previous member who has received a credit for a Risk-Free Trial in the past will not be eligible for any additional trial or refund).

Annual Accounts: Accounts paid a year in advance will generally not be refunded as these are billed at reduced prices from the basic monthly fee. Any refunds on an annual account will be provided only on a case-by-case basis and only if due to extenuating circumstances. If an annual account is cancelled within the year billed and a credit is issued, that credit will be based on a prorated amount based on two factors: 1) prorated for the months already used and 2) based on the monthly charge for that service, not the discounted annual rate.

Termination: Marketcheck reserves the right, in its sole discretion, to terminate your access to all or part of this web site, service, or any template site, with or without notice.

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