Terms and Conditions
Terms and Conditions
E Marketing Consulting Web Site Agreement
The E Marketing Consulting Web Site (the "Site") is an online information service provided by E Marketing Consulting LLC ("E Marketing Consulting"), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. E Marketing Consulting MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
By registering for our service and creating an account, you agree NOT to attempt to reverse-engineering our online service.
While E Marketing Consulting, E-Marketing-Consulting.com, provides you with consulting services to improve your online productivity, we make no claims or guarantees that you will make any profits from the content you produce through our service.
If you are looking for an avalanche of traffic overnight or a fully automated site generation software/service, then E-Marketing-Consulting.com is not for you...Building quality authority sites take time and commitment.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are E Marketing Consulting, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to E Marketing Consulting a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to E Marketing Consulting by all means and in any media now known or hereafter developed. You also grant to E Marketing Consulting the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against E Marketing Consulting for any alleged or actual infringement or misappropriation of any proprietary right in your communications to E Marketing Consulting .
E Marketing Consulting TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of E Marketing Consulting. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by E Marketing Consulting, E Marketing Consulting, does not operate, control or endorse any information, products or services on the Internet in any way. Except for E Marketing Consulting - identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with E Marketing Consulting. You also understand that E Marketing Consulting cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE INTERNET. E Marketing Consulting PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND E Marketing Consulting SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. E Marketing Consulting DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. E Marketing Consulting HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL E Marketing Consulting BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF E Marketing Consulting OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, E Marketing Consulting LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
E Marketing Consulting makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-E Marketing Consulting web site, please understand that it is independent from E Marketing Consulting, and that E Marketing Consulting has no control over the content on that web site. In addition, a link to a E Marketing Consulting web site does not mean that E Marketing Consulting endorses or accepts any responsibility for the content, or the use, of such web site.
3. Disclaimer and Legal Notice
All products, services, theories and licensed materials provided to E Marketing Consulting users are designed to provide accurate and authoritative information in regard to the subject matter covered. By using any and all products and materials found within the Site, the subscriber understands, that E Marketing Consulting is not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional person should be sought.
None of the sample documents provided within the Site are provided for use by E Marketing Consulting subscribers as-is or verbatim, only as models from which to devise, write, or develop their own materials. In instances where legal or financial questions apply, you should consult an attorney or other appropriate professional adviser
If E Marketing Consulting clients are in doubt about the appropriateness or legality of any materials or instructions, they should obtain competent guidance just as they would with any other marketing documents, materials, or marketing plans they have developed or would develop on their own.
Also, some suggestions made on the Site concerning marketing, product sales, referral fees, etc., may have inadvertently introduced practices deemed unlawful in certain states and municipalities. E Marketing Consulting subscribers should be aware of the various laws governing business transactions or other business practices in their particular location.
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall E Marketing Consulting or its partners be liable to any person for damages of any character including, without limitation, damages for computer failure, malfunction, or any and all other damages or losses caused by the use of the products, services, theories and licensed materials on the Site.
4. Indemnification.
You agree to indemnify, defend, and hold harmless E Marketing Consulting, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site and Service from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees resulting from any violation of this agreement (including negligent or wrongful conduct) by you or any other person accessing E Marketing Consultings' Site and service.
5. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Disclaimer and Legal Notice) and 4 (Indemnification) are for the benefit of E Marketing Consultingand its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against E Marketing Consulting clients on its own behalf.
6. Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Disclaimer and Legal Notice), 4 (Indemnification), 5 (Third Party Rights ),and 7 (Miscellaneous) shall survive any termination of this Agreement.
7. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between E Marketing Consulting and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. E Marketing Consulting 's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. E Marketing Consulting may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Copyright © 2009 E Marketing Consulting LLC
All rights reserved.
