PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING AND USING THE SERVICE, YOU (“USER,” “YOU” OR “YOUR”) AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “AGREEMENT”). THE AGREEMENT CONSISTS OF TWO PARTS, THE TERMS OF USE AND THE PRIVACY POLICY.
Terms of Use
This web site and all content, information and services accessible through it (collectively, the “Service”) is brought to you by TheMarketMatch.com, and may be used only in accordance with this Agreement.
- TheMarketMatch.com’s Materials: You are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Service and the information and materials on the Service (collectively, the “Materials”) on any one or more computers for your personal use. You may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use the Service, or any portion thereof, in any form or by any means, except as expressly permitted by this Agreement, or with TheMarketMatch.com’s prior written permission. You may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of the Service, or any information about usage or users. You may not use any software, robot, “spider,” other automatic device, or manual process to access, monitor or copy the Service or the Materials, although you may save and use those Materials you receive as reports for your personal use. TheMarketMatch.com may terminate this license without notice at any time and for any reason, or for no reason.
- Posting Materials to the Service: By publishing, uploading, posting, submitting or distributing any messages (including messages you post on the Service), data, information, text, documents, graphics, links, or other Materials (“Posted Materials”) to TheMarketMatch.com, you grant to TheMarketMatch.com, or you warrant that the owner of the Posted Materials expressly grants, to TheMarketMatch.com, a perpetual, fully-paid, royalty-free, irrevocable, worldwide, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, sublicense and sell Posted Materials, in any medium or technology, now known or later developed. You warrant that the Posted Materials that you provide are not unlawful or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. You acknowledge and agree that TheMarketMatch.com may delete any Posted Materials at any time without your permission. All Posted Materials that you submit for posting on the Service will be accompanied by your real name and shall not be submitted anonymously. You warrant you will not misrepresent, directly or by omission, your identity or affiliation with any person or entity on the Service or in any Posted Material.
- Registration: Portions of the Service require registration. If you register with the Service, you agree to provide TheMarketMatch.com with accurate and complete registration information, and to inform TheMarketMatch.com of any changes to your registration information. Each registration is for a single person only, and you agree that you will not permit anyone other than you to access and use any sections of the Service that require your name and password. If you work in a business or organization, each person in the organization is invited to apply for his or her own account. You are solely responsible for all access to and use of the Service through your name and password, including any use that is subject to monetary charges, whether or not you know of or authorize any such access or use. You will notify TheMarketMatch.com immediately of any unauthorized use of your name and password, or if you suspect that the security of your name and password has been jeopardized.
- Relationship: You acknowledge that you are a user of the Service for the posting and receipt of information and Materials. No professional or other relationship is formed through the use of the Service. The Service provides business information and related resources, and is designed for informational purposes only. User acknowledges that under no circumstances is TheMarketMatch.com, its licensors, agents, affiliates or customers, providing marketing, management, business, legal or other advice or services through the Service, and that nothing on the Service is intended as a substitute for advice or service from a professional. You acknowledge and agree that you have no expectation of privacy or confidentiality of communications occurring through Service.
- No Obligation to Monitor: TheMarketMatch.com has no obligation to edit, monitor or screen the Service or any Posted Materials. TheMarketMatch.com is not responsible for the content in, or linked to or from, the Service or any Posted Materials. TheMarketMatch.com may examine the Service and all Posted Materials for adherence to the Agreement and TheMarketMatch.com may remove any Materials that it deems in its sole discretion to be objectionable or violate the Agreement.
- Use of Posted Materials and the Service: Much of the information and Materials, including the Posted Materials, are provided by persons other than TheMarketMatch.com. In addition, information, services and Materials may be accessible through links from the Service to other web sites. TheMarketMatch.com is not responsible, and assumes no liability, for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any Materials or third party information appearing on or accessible from the Service. You acknowledge that the information and opinions in the Materials or any third party content, including any advertisements or sponsorships on or available from the Service, are not endorsed by and do not necessarily reflect the beliefs of TheMarketMatch.com.
- Intellectual Property Rights: The Service and all of the Materials, and all intellectual property rights in the Service and the Materials, are owned by TheMarketMatch.com or its licensors. Except as expressly stated in this Agreement, you do not receive any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You acknowledge that the Service is protected by copyright, trademark, trade secret and other intellectual property and industrial property laws.
- Notification of Infringing Works: In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512), if TheMarketMatch.com is properly notified that any information or Materials on the Service allegedly infringes the copyright rights of another person, TheMarketMatch.com will remove or block access to the Materials, provide notice to the person who posted the Material and proceed in accordance with the law. TheMarketMatch.com may terminate the registration of alleged infringers. All notices of alleged copyright infringement through the Service should be sent to:
[David Calabrese, CEO, 525 Fisher Lane Warminster PA 18974,Dcalabrese@the-TheMarketMatch.com.com, 866-556-3727, 877-309-9937]
- DISCLAIMER OF WARRANTIES: THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TheMarketMatch.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. TheMarketMatch.com MAKES NO WARRANTY THAT ACCESS TO THE SERVICE OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. TheMarketMatch.com DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF THE SERVICE, INCLUDING BOTH TheMarketMatch.com AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH THE SERVICE, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN THE SERVICE, (C) THE UNAVAILABILITY OF THE SERVICE OR ANY PORTION THEREOF, OR (D) USER’S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF THE SERVICE.
- LIMITATION OF LIABILITY: USER’S EXCLUSIVE REMEDY AND TheMarketMatch.com’S, ITS AFFILIATES’, SUBSIDIARIES’, LICENSORS’ AND/OR CONTRIBUTORS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF THE SERVICE WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF MONEY PAID BY USER RELATIVE TO THE SPECIFIC THE SERVICE FEATURE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL TheMarketMatch.com, ITS AFFILIATES, LICENSORS AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER’S INABILITY OR FAILURE TO USE OR IMPLEMENT THE SERVICE OR THE DATA OR ANY OTHER INFORMATION PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY TheMarketMatch.com, ITS AFFILIATES, LICENSORS OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE SERVICE DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF OR INABILITY TO USE OR IMPLEMENT THE SERVICE OR THE DATA OR ANY OTHER INFORMATION, EVEN IF TheMarketMatch.com, ITS AFFILIATES, LICENSORS AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TheMarketMatch.com SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE.
- Modifications to Terms of Use: TheMarketMatch.com reserves the right to modify this Agreement at any time. Updated versions of the Terms of Use and Privacy Policy will appear on the Service and become the effective Agreement immediately upon publication. You are responsible for regularly reviewing the Terms of Use and Privacy Policy. Your continued use of the Service after any such modification of this Agreement constitutes your assent to the revised Agreement.
- Entire Agreement: This Agreement embodies the entire understanding between you and TheMarketMatch.com with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter hereof.
- Force Majeure: TheMarketMatch.com’s performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
- General Provisions: This Agreement is governed by and construed under the law of the State of Delaware, U.S.A. without regard to conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Any controversy or claim between the parties or arising out of this Agreement shall be determined by one disinterested arbitrator in binding arbitration administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules, the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Online Arbitration. The arbitrator shall have no less than five years experience as an attorney or business person in the development, distribution, licensing or transfer of information technology. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court or arbitration panel, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.