Terms and Conditions for Use of Website
This web page represents a legal document and is the Terms and Conditions (“Agreement”) governing your use of our website, martketer.ca (our “Website”). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website. Please review the following terms carefully. This Agreement was first published on May 1, 2017.
The terms “us” or “we” or “our” refers to Martketer Marketing & Design Inc., the owner of this Website. A “User” is someone that merely browses our Website or who has registered with our Website to use our Services. “Services” means any services that we offer or may offer through our Website. All text, information, graphics, design, and data offered through our Website or Services, are collectively known as our “Content”.
ACCEPTANCE OF AGREEMENT
This Agreement is between you and Martketer Marketing & Design Inc., (“Martketer”). This Agreement contains warranty disclaimers and other provisions that limit our liability to you. Please read these terms and conditions carefully and in their entirety, as using, accessing and/or browsing our Website constitutes acceptance of this Agreement. If you do not agree to be bound as set forth herein, please exit our website immediately and do not use, access and/or browse it further.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Martketer, and supersedes all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein. However, in order for you to use specific Services, you may be required to agree to additional terms and conditions and unless otherwise noted, those additional terms and conditions will be incorporated herein.
Amendment of Agreement
We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our Website and you should review this Agreement prior to using our Website. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement; therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement or any changes hereto, do not access and use our Website. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our Website and Services.
Martketer grants you a non-exclusive, non-transferable, revocable license to access and use our Website, Content and Services strictly in accordance with this Agreement.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our Website, Content, Services, and any software provided therein.
OUR RELATIONSHIP TO YOU
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Martketer.
OUR INTELLECTUAL PROPERTY
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Martketer. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited and your use of our Website and Services does not grant you any ownership rights to our Content.
The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date. We undertake no obligation to update any Content on our Website. We reserve the right to make alterations or deletions to the Content at any time without notice.
ERRORS, CORRECTIONS AND CHANGES
We do not represent or otherwise warrant that our Website or Services will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Website or Services will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of our Website or Services at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our Website or Services.
FINANCIAL, LEGAL AND OTHER ADVICE DISCLAIMER
You hereby acknowledge that nothing contained on our Website or through our Services shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and Martketer. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
MERCHANT AND ADVERTISEMENT DISCLAIMER
We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and any Merchants.
You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. We are not liable under any circumstances for any damages arising from the transactions between you and any Merchants or for any information appearing on Merchant websites or any other website linked to our Website.
All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
LINKS TO OTHER WEBSITES
WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
Martketer is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Users of our Website, or by Martketer. Martketer is not responsible for the conduct, whether online or offline, of any User of our Website or Services.
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Martketer is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our Website or Services, including without limitation any software provide through our Website or Services.
Martketer reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
Martketer, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our Website or Services, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our Website or Services, (d) your use of our Website or Content, (e) the content contained on our Website or Services, (f) any delay or failure in performance of our Website and Services beyond our control, or (g)theft or destruction or unauthorized access to, or alteration of, User communications.
The information, content and documents from or through our website are provided “as-is,” “as available,” with “all faults”, and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). Our Website and Services may contain bugs, errors, problems or other limitations. Martketer, including all our affiliates, shall have no liability whatsoever for your use of our Website or Services. Martketer cannot guarantee and does not promise any specific results from use of our Website or Services, including, but not limited to, related software. Martketer does not represent or warrant that our content, our services, or any software found within are accurate, complete, reliable, current or error-free or that any such items are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any such content or software and use industry-recognized software to detect and remove viruses. All responsibility or liability for any damages caused by viruses somehow attributed to our Website, Content, Services, and related software is disclaimed. Without limiting the foregoing, you understand and agree that you download or otherwise obtain Content and related software from or through our Website or Services at your own risk and that you will be solely responsible for your use thereof and any damages to your mobile device or computer system, loss of data or other harm of any kind that may result.
We, as well as all of our directors, employees or agents, shall not be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of our Website, Content, Services, or any related software, accessed through or downloaded from our Website or Services, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Martketer is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Martketer’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of the Website during the previous month of your usership prior to the event giving rise to liability.
The above limitations are fundamental elements of the basis of this agreement and our Website would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through our website or services shall create any warranty, representation or guarantee not expressly stated in this agreement.
USE OF INFORMATION
All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Martketer, shall have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LINKING TO OUR WEBSITE
You may provide links to our Website, provided that (a) that you do not remove or obscure, by framing or otherwise, any portion of our Website, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our Website immediately upon request by us.
You represent and warrant that if you are purchasing something from us that (a) any credit information you supply is true and complete, (b) charges incurred by you will be honored by your bank or credit card company, (b) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (d) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers, lawyers, advertisers, product and service providers, and other affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website, Content or Services.