Terms of Use:
Quick Index:
Welcome to the website of
Personalizemarketing.com. (“PM”).
This website is best viewed using the most
updated versions of most commercially available
browsers.
Use of this website, and
the information and materials distributed
in conjunction with the program, is made
available to you only through your acceptance
of these Terms of Use, our Privacy Policy
and such other notices that may be posted
on this website from time to time (collectively
referred to herein as the “Terms of
Use”). Your use of this website or
of any content presented herein indicates
your acknowledgment of and agreement to
our Terms of Use. If you are not willing
to be bound by and comply with all of the
foregoing, you may not access or use this
website or any of its content.
PM shall have the right,
at its sole discretion, to modify, add or
remove any term or condition contained herein
without notice or liability to you or any
other person. Any changes to these Terms
of Use shall be effectively immediately
following the posting of such changes on
this website. The most recent version of
these Terms of Use may always be found at
www.personalizemarketing.com/termsofuse.html.
You agree to review these Terms of Use from
time to time and agree that any subsequent
use by you of this website following changes
to these Terms of Use shall constitute your
acceptance of all such changes. These Terms
of Use were last modified on March 18th,
2008.
Disclaimer
This website is for informational
purposes only and is not intended to provide
specific commercial, financial, tax, or
legal advice. It is provided to you solely
for your own personal, non-commercial use
and not for purposes of resale, distribution,
public display or performance, or any other
uses by you in any form or manner whatsoever.
Unless otherwise indicated on this website,
you may display, download, archive, and
print a single copy of any information on
this website, or otherwise distributed from
PM for such personal, non-commercial use.
The performance of this website
and all information contained on, downloaded
or accessed from this website are provided
to you on an “as is” basis,
without warranties of any kind whatsoever,
including any express or implied warranties
or warranties of merchantability, fitness
for a particular purpose, accuracy or non-infringement
of the rights of third parties. PM shall
be not responsible for any problems or technical
malfunction of any telephone network or
lines, computer on-line systems, servers,
Internet access providers, computer equipment,
software, or any combination thereof including
any injury or damage to your or any other
person’s computer as a result of using
this website.
PM reserves the right, at
its sole discretion, to modify, disable
access to or discontinue, temporarily or
permanently, all or any part of this website
or any information contained thereon without
liability or notice to you.
As a visitor to our website,
you acknowledge and agree that any reliance
on or use by you of any information available
on this website shall be entirely at your
own risk. In no event shall PM be liable
for any direct, indirect, consequential
or exemplary damages arising from the use
or the performance of this website, even
if PM has been advised of the possibility
of such damages.
Privacy
Policy and CAN-SPAM Matters
You have read and agree
to all of the terms and conditions of our
Privacy
Policy
You acknowledge and agree
that, by providing us with your name and
email address on the entry page of this
website, you have subscribed to an e-mail
newsletter. This e-mail newsletter is offered
as a free service by PM, without cost or
obligation. Should you wish to unsubscribe
at any time from this free newsletter, you
may do so by clicking on the unsubscribe
link found at the bottom of the newsletter,
or by notifying us via e-mail at info[AT]personalizemarketing.com.
On occasion, subscribers have had trouble
removing themselves from this free newsletter.
If you encounter any similar difficulties,
please contact us at info[AT]personalizemarketing.com
for personal attention.
By entering this website,
you agree that you have opted-in to receive
our newsletter by providing your first name
and email address on our website, and agree
that you will make no threats or take any
action against PM in the event you are unhappy
with the content contained in our newsletter
or that you subscribed or are not able to
remove yourself from the mailing list, and
you agree that the small inconvenience of
receiving this newsletter will cause you
no personal, emotional, or financial harm
whatsoever.
Confidentiality
and Transmissions over the Internet
The transmission of data
or information (including communications
by e-mail) over the Internet or other publicly
accessible networks is not secure, and is
subject to possible loss, interception or
alteration while in transit. Accordingly,
we do not assume any liability for any damage
you may experience or costs you may incur
as a result of any transmissions over the
Internet or other publicly accessible networks,
such as transmissions involving the exchange
of e-mail with us (including those which
may contain your personal or credit card
information). While we shall take commercially
reasonable efforts to safeguard the privacy
of the information you provide us and treat
such information in accordance with our
Privacy Policy, in no event will the information
you provide to us be deemed to be confidential,
create any fiduciary obligations to you
on our part, or result in any liability
to you on our part in the event that such
information is inadvertently released by
us or accessed by third parties without
our consent.
User
Conduct and Obligations
You agree to follow all
applicable laws and regulations when using
this website. Furthermore, you agree that
you shall not:
- Upload, post or
otherwise transmit through or to this
website any content that:
- is unlawful, abusive,
threatening, harmful, obscene, lewd,
offensive, defamatory or otherwise
objectionable;
- might infringe the
intellectual property rights, privacy
rights, rights of publicity, or other
proprietary rights of others;
- contains any viruses,
Trojan horses, time bombs, or any
other harmful programs or elements;
- Disrupt, place unreasonable
burdens or excessive loads on, interfere
with or attempt to gain unauthorized access
to any portion of our website, its computer
systems, servers or networks;
- Provide false information
about yourself to us, impersonate any
other person, or otherwise attempt to
mislead others about your identity or
the origin of any content, message or
other communication;
- Transmit junk mail, chain
letters, or other unsolicited bulk e-mail
or duplicative messages;
- Attempt to collect information
about visitors to our website or otherwise
attempt to extract data or data fields,
including without limitation any credit
card information or e-mail addresses;
- Sell access to or the
use of this website, including any content
contained on, downloaded or accessed from
this website, except as specifically permitted
in writing by PM; and
- Redistribute, without
our specific written consent, any content
found on this website in any manner whatsoever
including by means of printed publication,
fax broadcast, web pages, e-mail, web
newsgroups or forums, or any other electronic
or paper-based service or method.
By uploading, posting or
otherwise transmitting through or to our
website any content (including but not limited
to testimonials or endorsements), you grant
to us, our affiliates, successors and assigns,
a non-exclusive, world-wide, royalty free,
perpetual, non-revocable license to use
or distribute such content in any manner
otherwise than as stated in our Privacy
Policy. This includes, but is not necessarily
limited to, the right to reproduce, edit
or create derivative works from such content.
Indemnification
by User
You agree to indemnify, defend
and hold us and our affiliates, business
partners, officers, directors, employees
and agents harmless from any loss, liability,
claim, demand, damage, or expense (including
reasonable legal fees) asserted by any third
party relating in any way to your use of
this website or breach of these Terms of
Use. We reserve the right to assume the
exclusive defense and control of any matter
subject to indemnification by you, which
shall not excuse your indemnity obligations.
Third
Party Websites, Content and Products and
Services
You acknowledge and agree
that your business dealings with any third
parties, including any merchants or advertisers,
found on, or accessed through our website
and any of their services, including payment
for and delivery of any goods and services,
are solely as between you and such third
parties. If PM provides access to third
party providers of goods and/or services,
you acknowledge and agree that we may receive
referral fees and/or other compensation
from such third parties. You acknowledge
that we assume no responsibility whatsoever
for any charges, losses or liabilities you
may incur when making purchases or completing
transactions with such third parties, and
we shall not be responsible or liable in
any way for any loss or damage of any kind
which you may incur as a result of, or in
connection with, any dealings or transactions
with such third parties. Furthermore, PM
assumes no responsibility for any content
which you may find on sites that link either
to or from us, including (without limitation)
the accuracy of the information found on
these sites, the compliance (or lack thereof)
with any legal requirements applicable to
these sites and for any viruses or other
harmful programs that may be contained on
these sites, nor is PM responsible should
any site contain content or links to other
sites that you may find offensive.
By accessing third party
services through our website, you hereby
authorize such third party service provides
to provide PM with personal information
regarding your use of and your activities
with respect to the purchase and use of
third party services and/or goods.
Links or pointers to other
websites and references to products and
services offered by third parties are provided
to you for convenience only and do not constitute
an endorsement or approval by us of (i)
the organizations that operate such websites,
(ii) the content, privacy policies or other
terms of use on such websites or (iii) such
third party products and services. As we
have no control or responsibility over websites
or content maintained by other organizations,
or for products and services offered by
third parties, we do not assume any liability
for your use of any of the foregoing, which
use you acknowledge and agree shall be at
your own risk.
Proprietary
and Intellectual Property Rights
“PM” as well
as the stylized versions of these terms
and the logo(s) associated with them, and
the other identifying trade and/or service
marks of Ascend Capital Services, Inc and
its affiliates are and shall remain the
exclusive property of Ascend Capital Services,
Inc, and any unauthorized use of these marks
is unlawful. Other trademarks that may be
displayed on this website are the property
of their respective owners. All content
on this website is the copyrighted property
of Ascend Capital Services, Inc and is protected
by international copyright law.
Our policy is to comply with
all applicable intellectual property laws
with respect to any content that we may
post on this website. If you believe that
your work has been reproduced on this website
in a manner that constitutes copyright infringement,
please provide a notice (which may be submitted
electronically) containing all of the following
information:
- A physical or electronic
signature of a person authorized to act
on behalf of the copyright owner for the
purposes of the complaint.
- Identification of the
copyrighted work claimed to have been
infringed.
- Identification of the
material on our website that is claimed
to be infringing or to be the subject
of infringing activity.
- The address, telephone
number or e-mail address of the complaining
party.
- A statement that the complaining
party has a good-faith belief that use
of the material in the manner complained
of is not authorized by the copyright
owner, its agent or the law.
- A statement, under penalty
of perjury, that the information in the
notice of copyright infringement is accurate,
and that the complaining party is authorized
to act on behalf of the owner of the right
that is allegedly infringed.
All notices of copyright
infringement should be sent to:
Ascend Capital Services,
Inc.
3879 E 120th Ave Suite 91
Thornton, CO 80233
E-mail: info[AT]personalizemarketing.com
Please note that we are
only able to correspond in English.
General
If any provision of these
Terms of Use is held invalid or unenforceable
in any respect by any court with jurisdiction
over the parties, such provision shall be
enforced to the maximum extent permitted
by law, and the remaining provisions of
these Terms of Use shall continue in full
force and effect. No waiver of any provision
of these Terms of Use shall be deemed a
further or continuing waiver of such provision
or any other provision of these Terms of
Use.
These Terms of Use shall
be governed by and construed in accordance
with the Federal laws of the United States
of America and the laws of the State of
Colorado, without regard to conflict of
laws provisions thereto. The parties consent
to the exclusive jurisdiction of the courts
of, and venue and situs in, Thornton, CO
Contact
If you have any questions
or concerns about our website or these Terms
of Use, please feel free to contact us at
info[AT]personalizemarketing.com. |
