THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND PREDICTION MARKETING LLC. (“MARKETINGAGENCY”, “WE” OR “US”). THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE AS WELL AS ALL ASSOCIATED SITES PROVIDED BY MARKETINGAGENCY, ITS SUBSIDIARIES, AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). BY USING THIS SITE OR REGISTERING TO USE THE SERVICES OFFERED THROUGH THE SITE (“SERVICES”), YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH MARKETINGAGENCY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
MARKETINGAGENCY may make changes to the content and Services offered on or through the Site at any time. MARKETINGAGENCY can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on this Site and, if you are a current Subscriber (as defined below), emailing you at the email address associated with your registered account. By using this Site after MARKETINGAGENCY has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site and Services.
By using this Site and/or Services, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years you may not use the Site or Services at any time or in any manner or submit any information to MARKETINGAGENCY or the Site.
MARKETINGAGENCY provides content on the Site and through the Services that is the copyrighted and/or trademarked work of MARKETINGAGENCY, MARKETINGAGENCY’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to your compliance with these Terms, MARKETINGAGENCY hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site and Services solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site, Services or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
Using the Site and the Services on the Site
You need not register with MARKETINGAGENCY to simply visit and view the Site. However, in order to access certain password-restricted areas of the Site and to use the Services and certain Materials offered on and through the Site, you must register with MARKETINGAGENCY for an account and receive a password.
Restricted Areas of this Site
MARKETINGAGENCY administrator shall have the right to approve or reject the requested registration, in the Company’s sole discretion. If your account is approved by MARKETINGAGENCY’s administrator, you will be notified and provided with Access Details such as username and password. The Access Details are for your own personal use only. You are responsible for maintaining the confidentiality of your Access Details and you are responsible for all activities that occur using your Access Details.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date.
By registering for an account with MARKETINGAGENCY and subscribing to use the Services, you become a “Subscriber” with access to certain password-restricted Services, Materials and areas of the Site (a “Subscription”). Subscriptions and the rights and privileges provided to a Subscriber are personal and non-transferable.
Certain Services sold by MARKETINGAGENCY may require MARKETINGAGENCY to host certain elements of such Services and to provide ongoing support services. MARKETINGAGENCY reserves the right, in its sole discretion, to discontinue hosting, support and all other activities related to such Services at any time following 12 months from your initial purchase of such Services. Prior to such discontinuance, MARKETINGAGENCY will provide you with at least 30 days prior notice. Such notice will be sent to the email address associated with your account, so it is your responsibility to update as necessary the email address associated with your account. Notwithstanding the foregoing, MARKETINGAGENCY shall only be required to provide such notice to users that have logged into the accounts associated with the Service to be discontinued within the period of 90 days prior to the date of notice of discontinuation. Upon discontinuation of a Service, MARKETINGAGENCY may delete all databases associated with your use of the Service.
Payment and Purchases
You may pay for your Subscription fee with credit card or PayPal. We or our payment processing partner will charge your credit card or PayPal account for your first Subscription fee on the date that we process your account registration (or if you sign-up for a Subscription that includes a free-trial period, we or our payment processing partner will charge your credit card for your first Subscription fee upon your upgrade to a paid Subscription).Once your credit card is charged the first Subscription fee (or if you sign-up for a Subscription that includes a free-trial period, once your order for your Subscription has been processed), you will receive a confirmation e-mail notifying you of your ability to access the Services. All orders for services and products are subject to acceptance by MARKETINGAGENCY. MARKETINGAGENCY may refuse to accept any order for any reason in MARKETINGAGENCY’s sole discretion. Additionally, MARKETINGAGENCY may cancel any order for any reason at any time, even after acceptance, and refund the associated payments.
IMPORTANT NOTICE: MARKETINGAGENCY WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION ON YOUR MONTHLY OR YEARLY ANNIVERSARY DATE AND, AS AUTHORIZED BY YOU DURING THE SUBSCRIPTION SIGN-UP PROCESS, MARKETINGAGENCY OR OUR PAYMENT PROCESSING PARTNER WILL CHARGE YOUR CREDIT CARD OR PAYPAL ACCOUNT WITH THE APPLICABLE MONTHLY SUBSCRIPTION FEE (UNLESS YOU CANCEL PRIOR TO THE ANNIVERSARY DATE) ON EACH SUBSEQUENT ANNIVERSARY DATE. FOR PURPOSES OF THIS SECTION, “ANNIVERSARY DATE” MEANS THE DATE OF THE MONTH OR THE YEAR, DEPENDING ON YOUR SUBSCRIPTION, YOU INITIALLY REGISTERED AS A PAID SUBSCRIBER. IF YOUR ANNIVERSARY DATE IS DATE IN A CALENDAR MONTH WHICH DOES EXIST IN EVERY CALENDAR MONTH, THEN, IN MONTHS THAT DO NOT HAVE THAT DATE, YOUR ANNIVERSARY DATE WILL BE THE 28TH OF EACH MONTH. EACH SUBSCRIPTION RENEWAL PERIOD IS FOR ONE CALENDAR MONTH. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME BY CONTACTING SUPPORT AT: SUPPORT@MARKETINGAGENCYUS.COM. MARKETINGAGENCY REQUIRES A REASONABLE AMOUNT OF TIME TO PROCESS YOUR SUBSCRIPTION CANCELLATION REQUEST. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL ENJOY YOUR SUBSCRIPTION BENEFITS UNTIL THE END OF THE MONTH YOU CANCELED, AND YOUR SUBSCRIPTION BENEFITS WILL EXPIRE AT THE END OF THAT MONTH.
ALL PURCHASES OF SUBSCRIPTIONS, SERVICES AND OTHER PRODUCTS FROM MARKETINGAGENCY ARE FINAL AND NO REFUNDS ARE AVAILABLE, UNLESS OTHERWISE EXPRESSLY PROVIDED FOR ON OUR WEBSITE OR IF MARKETINGAGENCY CANCELS YOUR ORDER.
While MARKETINGAGENCY attempts to create the highest quality Services, the actual benefits realized by customers may vary depending upon a number of variables, including customer efforts and initiative. You agree not to initiate any charge-back on fees you have paid to MARKETINGAGENCY , unless you did not actually receive the Services that your ordered.
If you cancel your account or Service at any time, you will not receive any refund. However, even if MARKETINGAGENCY's policy for a certain service allows for a refund, if MARKETINGAGENCY determines that your purchase was initiated with the intent of benefiting from the purchase and then requesting a refund (which might be indicated by multiple refund requests), then MARKETINGAGENCY may refuse to grant you a refund under such circumstances.
Electronic and Other Communications
By using the Site and/or the Services, you consent to receiving electronic and telephone communications from or on behalf of MARKETINGAGENCY. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services (including offers and information about new Services). These electronic communications are part of your relationship with MARKETINGAGENCY. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content
Certain Materials may be provided by third party licensors and suppliers to MARKETINGAGENCY (“Third Party Content”). Such Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to use such Third Party Content pursuant to the applicable licenses of such Third Party Content. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. MARKETINGAGENCY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Links to Third Party Sites
When using this Site and/or the Services, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to not to:
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Use racially, ethnically, or otherwise offensive language.
Discuss or incite illegal activity.
Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
Post anything that exploits children or minors or that depicts cruelty to animals.
Post any copyrighted or trademarked materials without the express permission from the owner.
Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
Use any robot, spider, scraper or other automated means to access the Site.
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Alter the opinions or comments posted by others on this Site.
Post anything contrary to our public image, goodwill or reputation.
This list of prohibitions provides examples and is not complete or exclusive. MARKETINGAGENCY reserves the right to terminate access to your account, your ability to post to this Site (or use the Services) with or without cause and with or without notice, for any reason or no reason, or for any action that MARKETINGAGENCY determines is inappropriate or disruptive to the Site or Services, or to any other user of the Site and/or Services. MARKETINGAGENCY may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at MARKETINGAGENCY’s discretion, MARKETINGAGENCY will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site, the Services, or on the Internet.
You agree to indemnify and hold MARKETINGAGENCY and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) MARKETINGAGENCY or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third-party that your use of this Site or Services violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third-party.
MARKETINGAGENCY and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, re-transmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Intellectual Property Infringement
MARKETINGAGENCY respects the intellectual property rights of others, and we ask you to do the same. MARKETINGAGENCY may, in appropriate circumstances and at our discretion, terminate service and/or access to this Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site or in the Services, please provide MARKETINGAGENCY’s designated agent the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit MARKETINGAGENCY to locate the material.
Information reasonably sufficient to permit MARKETINGAGENCY to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MARKETINGAGENCY’s agent for notice of claims of copyright or trademark infringement can be reached as follows: [legal@MARKETINGAGECNY.com]
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Submitting a Digital Millennium Copyright Act (“DMCA”) Counter-Notification
We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to MARKETINGAGENCY designated agent that includes all of the following information:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which MARKETINGAGENCY may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Termination of Repeat Infringers
MARKETINGAGENCY reserves the right, in its sole discretion, to terminate the account or access of any user of our Site and/or Services who is the subject or repeated DMCA or other infringement notifications.
Disclaimer of Warranties
Your use of the Site and Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by MARKETINGAGENCY, and they may include inaccuracies or typographical or other errors. MARKETINGAGENCY does not warrant the accuracy of timeliness of the Materials contained on this Site or obtained through the Services. MARKETINGAGENCY has no liability for any errors or omissions in the Materials, whether provided by MARKETINGAGENCY, our licensors or suppliers or other users.
MARKETINGAGENCY, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE OR THROUGH THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. MARKETINGAGENCY DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE AND/OR ANY SERVICE. YOU UNDERSTAND THAT MARKETINGAGENCY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES. MARKETINGAGENCY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS OR ENTITIES WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR ANY SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OR CONDUCT BUSINESS OFFLINE OR IN PERSON.
Limitation of Liability
MARKETINGAGENCY SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE OR THE SERVICES. IN NO EVENT SHALL MARKETINGAGENCY BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF MARKETINGAGENCY KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws. MARKETINGAGENCY accept Subscribers internationally. You are responsible to adhere to your applicable local laws where you live.
If you send or transmit any communications, comments, questions, suggestions, or related materials to MARKETINGAGENCY, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and MARKETINGAGENCY is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that MARKETINGAGENCY is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution and Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us via support@MARKETINGAGECNY.com. This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and MARKETINGAGENCY. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and MARKETINGAGENCY shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “THE COMPANY” means MARKETINGAGENCY and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and THE COMPANY regarding any aspect of your relationship with THE COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as THE COMPANY’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give THE COMPANY an opportunity to resolve the Dispute. You must commence this process by mailing written notification to legal@MARKETINGAGECNY.com . That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If THE COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or THE COMPANY may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by sending a written notification to legal@MARKETINGAGECNY.com. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with THE COMPANY through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with THE COMPANY. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or THE COMPANY may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site, Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or THE COMPANY may initiate arbitration in either the State of Alabama or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, THE COMPANY may transfer the arbitration to Alabama in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – THE COMPANY will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with THE COMPANY as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and THE COMPANY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site or Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and THE COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and THE COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with MARKETINGAGENCY or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if MARKETINGAGENCY makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require MARKETINGAGENCY to adhere to the language in this Provision if a dispute between us arises.
MARKETINGAGENCY prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by MARKETINGAGENCY, may result in immediate termination of your access to the Site and/or Services without prior notice to you. The Federal Arbitration Act, Alabama state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in the city and State of Alabama. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. MARKETINGAGENCYs’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and MARKETINGAGENCY and supersede all prior or contemporaneous negotiations, discussions or agreements between you and MARKETINGAGENCY about the Site and Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact MARKETINGAGENCY for any reason, please contact via support@MARKETINGAGECNY.com
The Information We Collect
We may collect information about you directly from you and from third parties (such as those that sell our products), as well as automatically through your use of our Site or Services.
Information We Collect Directly From You
Certain areas and features of our Site and Services may require registration. To register you must provide your name and email. If you purchase something, we will also request your credit, debit, and/or financial account data, as well as billing information, including billing address. In addition, we may collect information from you through surveys, contests and questionnaires that we may invite you to participate in. We may also collect information such as your phone number or other contact information, though you are not required to provide this.
Information We Collect Automatically
How We Use the Information We Collect
We use the information that we gather about you for the following purposes:
To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site or our Services.
To send you news and newsletters, special offers, and promotions; to otherwise contact you about products or information we think may interest you; and for other marketing and promotional purposes.
To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.
How We Share the Information We Collect
We may share the information that we collect about you, including personally identifiable information, as follows:
Affiliates. We may disclose the information we collect from you to our affiliated companies or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
Service Providers. We may disclose the information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf. If we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, research or similar purposes.
Clear GIFs. Clear GIFs (a.k.a. web beacons, web bugs or pixel tags) are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs, in connection with our Site to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Notice for Users. These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works. By using our online service, you agree that we can place these types of cookies on your device.
Third-Party Ad Networks
What about Do-Not-Track options?
Currently, our Site does not honor browser requests not to be tracked. You may, however, opt out of many website third-party ad networks, including those operated by members of the Network Advertising Initiative (“NAI”) and the Digital Advertising Alliance (“DAA”). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).
Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective. Additional information is available on the NAI and DAA websites accessible by the above links.
Your Choices about Communications and Marketing
We may send alerts and notifications, as well as periodic promotional informational or other marketing emails to you. You may opt out of marketing-related emails by following the opt-out instructions contained in any marketing e-mail we send you. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving marketing emails, we may still send you alerts, notifications and other e-mails about your account or any services you have requested or received from us.
MARKETINGAGENCY has affiliates internationally. Your information may be stored and processed in the United States or any other country where MARKETINGAGENCY and/or it’s affiliates are located; by submitting your information though our website, you agree to such transfers.
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
Changes to this Policy
If you have questions or concerns about the privacy aspects of our Services or would like to make a complaint, please contact us at support@MARKETINGAGECNY.com