iMarketers

iMarketers Terms of Use

1.  Acceptance of Terms
iMarketers provides its Services to you, subject to the following Terms of Use (TOU), which may be updated by iMarketers at any time without notice to users. In addition, when using particular iMarketers Services, you and iMarketers shall be subject to any posted guidelines or rules applicable to such Services. All such guidelines or rules are hereby incorporated by reference into the TOU. This agreement is to be construed and interpreted according to the laws of the State of California. The failure of iMarketers to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

2.  Description of Services
iMarketers currently provides users with access to a variety of Services, including but not limited to, various communications tools, email-based discussion groups, debates, email, questions answered, documents, news, press releases, peer publishing, industry articles. Unless explicitly stated otherwise, any new features that augment or enhance the current Service. You understand and agree that the Service is provided "AS-IS" and that iMarketers assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or user preference settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3.  Modifications to Service
iMarketers reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that iMarketers shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

4.  Registration Policy
In order to use certain IMarketers Services, you will be required to register with iMarketers. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iMarketers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IMarketers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

5.  IMarketers Privacy Policy
Use of any and all iMarketers services, including iMarketers Debates, is subject to the iMarketers Privacy Policy. The privacy policy may be found at: http://www.iMarketers.com/privacy/

6.  Submitted Content
In many cases, users are invited to submit Content, which includes but is not limited to such items as opinions, debates, topical questions or responses submitted through iMarketers for publication, circulation, or distribution. iMarketers does not claim ownership of Content submitted, but by submitting such Content users grant iMarketers a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content. IMarketers reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of iMarketers.

Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets or other proprietary rights.

Individuals submitting Content certify that their submissions (including but not limited to source code) contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses. IMarketers assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that iMarketers is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, iMarketers will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.

8.  Harvesting of User Information
You agree that you will not harvest or collect any information, including email addresses, for any users or subscribers of any Service for any purpose whatsoever. You further must agree that you will not directly contact any user or subscriber of any Service for any purpose whatsoever.

9.  IMarketers Debates
Use of IMarketers Groups is governed by IMarketers Groups Moderation Policies, which may be found at: http://groups.iMarketers.com/moderation. Any information provided through the iMarketers is intended for informational purposes only. Please reference Section 11 of these Terms of Use, which outlines specifically the iMarketers Disclaimer of Warranties/Limitation of Liability which pertains to all iMarketers Services.

10.  Reproduction of Content
You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the Service, use of the Service, or access to the Service.

11.  Disclaimer of Warranties/Limitation of Liability

WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO- DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOURCE CODE, DOCUMENTS, SUBMITTED CONTENT INCLUDING QUESTIONS AND RESPONSES POSTED VIA iMarketers, OR OTHER
MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND iMarketers, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES,EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT iMarketers IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

iMarketers SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

12.  Indemnification
You will indemnify and hold iMarketers, and its subsidiaries, affiliates, officers, agents, and employees harmless against any claim, dispute, or demand, including reasonable attorneys' fees, which may arise from a breach of these Terms of Use or to your violation of these Terms of Use, including any content submitted to, uploaded to, or transmitted via iMarketers by you.