Updated July 2017
The following Terms and Conditions of Use (“Agreement”) are subject to change at any time and at the sole discretion of The Marketing Academy, Inc. (“Owner”) for use of themarketingacademy.com (“Site”).
Please read the following Agreement relating to your use of Site carefully. By using this Site, you agree to this Agreement. Owner reserves the right to modify this Agreement at any time, so check this page periodically for changes. By using this Site after Owner posts any changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them or been notified about them. If at any time you choose not to accept this Agreement, please do not use this Site.
LICENSE TO USE
Owner hereby grants to you (“Subscriber”) a nonexclusive, nontransferable license (“License”) during the term (“Term”) to access and use Site in accordance with this Agreement. All rights not expressly granted to Subscriber under the License are reserved by Owner. The License granted to Subscriber pursuant to this Agreement will permit use of Site by the number of Subscriber employees (“End-Users”) specified in the Order Form. If there are any conflicts between this Agreement and the details of the License in the Order Form, the details of the License in the Order Form shall prevail. Subscriber may increase the number of End-Users during the initial or subsequent Term of this Agreement for an additional prorated fee at either the fee rate set forth in the Order Form or the then-current fee rate, to be determined by Owner in its sole discretion. Any End-User must be associated with Subscriber under the same rooftop where business is conducted. Subscriber shall be responsible for the failure of any End-User to perform its obligations under this Agreement.
Each End-User will be designated as a user within Site under Subscriber. License to use Site by Subscriber and each End-User may not be shared or used by more than one individual. Subscriber understands that the aforementioned restrictions are contractual in nature and that Owner reserves the right to review Subscriber’s actual License usage at any time throughout the Term to ensure compliance with the permitted use and to adjust invoices as needed. Any unauthorized access to Site, or other abuse or impermissible activity on Site may result in immediate suspension or termination of Subscriber and End-User accounts pursuant to this Agreement. Subscriber will promptly notify Owner of any unauthorized use of Site in breach of this Agreement, any unauthorized use of accounts, or any other known or suspected breach of security.
LIMITATIONS ON USE
Site is for use only by Subscriber and its assigned End-Users. Site may not be decompiled, reverse engineered, disassembled, transferred, distributed, resold, sublicensed, or used to create any derivative works. Subscriber may not use any network monitoring or discovery software to determine Site’s architecture, or extract information about usage or individual identities of users. Subscriber may not use any robot, spider, other automatic software or device, or manual process to monitor or copy Site. Subscriber may not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any non-End-User third party in any way; (ii) modify or make derivative works based upon Site; (iii) “frame” or “mirror” any content on any other server or wireless or Internet-based device; (iv) develop applications for internal use or install additional applications that are designed to run on or be used in conjunction with Site. Subscriber may use Site only for its internal business purposes and shall not: use Site in association with sending spam or otherwise duplicative or unsolicited messages; use Site in association with infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or material in violation of third party privacy rights; use or introduce material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; interfere with or disrupt the integrity or performance of Site; or attempt to gain unauthorized access to Site, or its related systems or networks.
Subscriber will assign all account access information for Subscriber and End-Users during the enrollment and account setup process. Owner will not assign any account ID (“Username”) or password (“Password”) to Subscriber or End-User, except in the instance of a request for a forgotten password by Subscriber or End-User where Site will assign and send a temporary password. Each End-User shall be deemed to be authorized by Subscriber to access and use Site, and Owner shall have no obligation to investigate the authorization or source of any such access or use. Subscriber acknowledges and agrees that as between you and Owner, you will be solely responsible for all access to and use of Site by anyone using the Username and Password created by you whether or not such access to and use of Site is actually authorized by you, including all communications and transmissions and all obligations, including financial obligations for purchases through Site, that may result from such access or use. Subscriber and End-Users are solely responsible for protecting the security and confidentiality of the Username and Password created under your License. Subscriber shall immediately notify Owner of any unauthorized use of the created Username or Password, or any other breach or threatened breach of Site’s security of which you are aware. Subscriber and End-Users will be responsible for any activity conducted under designated Usernames or Passwords.
The contents of Site are protected by copyright and trademark laws, and are the property of Owner. “The Marketing Academy” is trademarked by Owner, and all information on Site is copyrighted by Owner. Unless otherwise noted, Subscriber and End-Users may access and use the information and materials within Site. Subscriber and End-Users may not change, modify, delete, display, transmit, adapt, exploit, or copy for distribution or sale any information, material, trademark, or copyright on Site. You must obtain written permission from Owner before you may publish, distribute, display, or commercially exploit any material from Site. By using Site, you agree to abide by all copyright notices or other posted restrictions.
The information, services, products, claims, seminar topics, and materials (“Content”) on Site are provided "as is" and without warranties of any kind, either expressed or implied. We disclaim all warranties, expressed or implied, including but not limited to implied effectiveness of the ideas or success strategies listed on Site as well as those that are provided in our products. Neither Owner nor any of our respective licensors or suppliers warrant that any functions contained in Site will be uninterrupted or error-free, that defects will be corrected, or that Site or the server that makes them available are free of viruses or other harmful components. Neither we nor any of our respective licensors or suppliers warrant or make any representations regarding the use or the results of the use of Content on Site in terms of their correctness, accuracy, reliability, or otherwise. Subscriber (and not we or any of our respective licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction to your system. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We do not endorse, warrant or guarantee any speakers, products or services offered on Site or those we link to. We are not a party to, and do not monitor, any transaction between Subscriber and third party providers of products or services. The Content and/or speakers listed on Site are subject to change without notification.
This License applies only to Site, and not to any other companies or organizations, including those we link to. We do not maintain, create, endorse, or take any responsibility for the contents, advertising, products or other materials made available through any other site, including those we link to. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on any other site. Other sites may link to Site by permission only. To seek our permission, you may contact Owner at the information listed at the end of Agreement. Owner reserves the right to rescind any permission to link to Site, and to require termination of any such link to Site, at our discretion at any time.
Owner welcomes Subscriber and End-User comments about Site. Owner must ask that Subscriber and End-Users not send us any original creative ideas, suggestions or materials. We hope you will understand that this policy is intended to avoid the possibility of future misunderstandings in the event that ideas developed by Owner staff might seem to be similar to the ideas submitted to us. Despite our request, if you send us any idea, suggestion or material ("Submission"), it shall become our property. Owner will not be subject to any obligation of confidence for any Submission, and we will not be liable for any use or disclosure of any Submission. In the case that you submit something to us and it is unsolicited, we will exclusively own all rights to the Submission worldwide, and we will be entitled to the unrestricted use of the Submission for any purpose, without compensation or notification to the provider of the Submission. Given this fact, we ask that you refrain from submitting creative projects to us, particularly those that are confidential or personal to you.
A forum (“Forum”) refers to any comment form, message board, chat room, user review form or other interactive service appearing on Site and includes both public boards and private folders. You may not post on any Forum, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person's privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any Forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post or transmit any information, software or other material that contains a virus or other harmful component. Owner is not responsible for material appearing in any Forum on Site, except for material signed and approved by one of our identified representatives. Owner is not responsible for screening material posted by Subscriber or End-Users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. Owner retains, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, Subscriber or End-Users remain solely responsible for the content of their messages or postings. By posting on Site, you grant Owner the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in promotional materials, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any "moral rights" in posted materials have been waived. You are not entitled to any compensation for any materials you may post on Site. Owner may, at our discretion, suspend or terminate the License of any Subscriber or End-User who violates any of these Forum guidelines, or for any other behavior that we in our discretion believe is inappropriate.
NO PROFESSIONAL ADVICE
Content made available through Site (including but not limited to information contained on videos, pdfs, downloads or message boards) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, manufacturer compliance or state and federal laws. Neither Owner nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss. Subscriber and End-Users alone are responsible and accountable for your decisions, actions and results, and by your use of Site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
Owner cannot and does not make any guarantees about your ability to get results or earn any money with our Content. Owner does not promise or guarantee results or future earnings, and we do not offer any legal, financial or other professional advice. Any financial numbers referenced, are illustrative of concepts only and should not be considered average earnings, exact earnings, or promises for actual or future performance. Making decisions based on any information presented in Content should be done only with the knowledge that you could experience risk or losses just like any business endeavor. Subscriber and End-Users alone are responsible and accountable for decisions, actions and results, and agree not to attempt to hold Owner liable for your decisions, actions or results, at any time, under any circumstance.
Site is not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. Subscriber agrees to abide by any such restrictions, and not to help anyone avoid these restrictions.
EXPLICIT LANGUAGE AND MATURE CONTENT
Site we will occasionally discuss mature topics and language relating to personal and professional growth that may use explicit language. Subscribers and End-Users who are uncomfortable with such topics or language should not use Site.
LIMITATION OF LIABILITY
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special or consequential damages that result from the use of, or the inability to use, Content on Site, or any products or services provided pursuant to Site, even if advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages (including but not limited to lost data), so the above limitation or exclusion may not apply to you. In no event shall the total liability to you by Owner or any of our licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us, if any, for accessing Site. Under no circumstances will Owner be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of Content you receive from Site.
CONFIDENTIALITY AND NON-COMPETE
Subscriber and End-Users of Site hereby understand that Content presented on Site are copyrighted and proprietary, and agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of Content by you is prohibited and Owner will pursue legal action and full damages if these terms are violated in order to protect its rights.
AVAILABILITY OF WEBSITE
Subscriber recognizes that the traffic of data through the Internet may cause delays during the download of information from Site and accordingly, it shall not hold Owner liable for delays that are ordinary in the course of Internet use. Subscriber further acknowledges and accepts that Site will not be available on a continual twenty-four hour basis due to such delays, or delays caused by Owner’s upgrading, modification, or standard maintenance of Site. Owner will make every available effort to keep Site operational twenty-four hours a day, seven days a week. There will be periods of downtime for maintenance and upgrades, and sometimes, for reasons that we did not plan. Owner will attempt to provide notice for scheduled maintenance or downtime, but some downtime may be unscheduled and beyond our control. Owner makes no guarantee as to uptime or availability of Site.
Owner will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labor disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
Subscriber agrees to compensate and defend fully Owner, its officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any third-party claim, action or demand arising out of any breach by Subscriber of any representation, warranty, covenant, obligation or duty of Subscriber under this Agreement.
GOVERNING LAW AND VENUE
This Agreement shall be construed and governed by the laws of the State of California, without regard to the principles of conflict of laws thereof. Subscriber agrees and accepts that any legal action or proceeding shall be brought in the federal or state courts for the State of California, County of Ventura, and Subscriber expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of this Agreement (including, but not limited to, any claims of breach of contract, tort, infringement), Subscriber agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Ventura County, California, and Subscriber expressly waives any right it may otherwise have to a jury trial.
If you have any questions about this Agreement, you may contact Owner at:
The Marketing Academy, Inc.
Mailing: 1701 Lombard Street, Suite 100, Oxnard, CA 93030