The ExecutiveConsultants Web Site Agreement
TheConversationsWithMarketers.com Web Site (the "Site") is an onlineinformation service provided by The Executive Consultants("ConversationsWithMarketers.com "), subject to your compliance withthe terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLYBEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREETO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TOBE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.ConversationsWithMarketers.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCHMODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIEDAGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BEAWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALLBE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.Copyright, Licenses and Idea Submissions.
Theentire contents of the Site are protected by international copyright andtrademark laws. The owner of the copyrights and trademarks areConversationsWithMarketers.com, its affiliates or other third party licensors.YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, ORDISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,CODE AND/OR SOFTWARE. You may print and download portions of material from thedifferent areas of the Site solely for your own non-commercial use providedthat you agree not to change or delete any copyright or proprietary noticesfrom the materials. You agree to grant to ConversationsWithMarketers.com anon-exclusive, royalty-free, worldwide, perpetual license, with the right tosub-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 improvedproducts and services) you submit to any public areas of the Site (such asbulletin boards, forums and newsgroups) or by e-mail toConversationsWithMarketers.com by all means and in any media now known orhereafter developed. You also grant to ConversationsWithMarketers.com the rightto use your name in connection with the submitted materials and otherinformation as well as in connection with all advertising, marketing andpromotional material related thereto. You agree that you shall have no recourseagainst ConversationsWithMarketers.com for any alleged or actual infringementor misappropriation of any proprietary right in your communications toConversationsWithMarketers.com.
Publications,products, content or services referenced herein or on the Site are theexclusive trademarks or servicemarks of ConversationsWithMarketers.com. Otherproduct and company names mentioned in the Site may be the trademarks of theirrespective owners.
2.Use of the Site.
Youunderstand that, except for information, products or services clearlyidentified as being supplied by ConversationsWithMarketers.com,ConversationsWithMarketers.comdoes not operate, control or endorse anyinformation, products or services on the Internet in any way. Except forConversationsWithMarketers.com- identified information, products or services,all information, products and services offered through the Site or on theInternet generally are offered by third parties, that are not affiliated withConversationsWithMarketers.com a. You also understand thatConversationsWithMarketers.com cannot and does not guarantee or warrant thatfiles available for downloading through the Site will be free of infection orviruses, worms, Trojan horses or other code that manifest contaminating ordestructive properties. You are responsible for implementing sufficientprocedures and checkpoints to satisfy your particular requirements for accuracyof data input and output, and for maintaining a means external to the Site forthe reconstruction of any lost data.
YOUASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.ConversationsWithMarketers.com PROVIDES THE SITE AND RELATED INFORMATION"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATIONWARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THESERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE ORON THE INTERNET GENERALLY, AND ConversationsWithMarketers.com SHALL NOT BELIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANYSUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE ANDOTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.ConversationsWithMarketers.com DOES NOT WARRANT THAT THE SERVICE WILL BEUNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOUUNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITEDMATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOURACCESS TO SUCH MATERIALS IS AT YOUR RISK. ConversationsWithMarketers.com HAS NOCONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
ConversationsWithMarketers.commakes no representations whatsoever about any other web site which you mayaccess through this one or which may link to this Site. When you access anon-ConversationsWithMarketers.com web site, please understand that it isindependent from ConversationsWithMarketers.com, and thatConversationsWithMarketers.com has no control over the content on that website. In addition, a link to a ConversationsWithMarketers.com web site does notmean that ConversationsWithMarketers.com endorses or accepts any responsibilityfor the content, or the use, of such web site.
Youagree to indemnify, defend and hold harmless ConversationsWithMarketers.com,its officers, directors, employees, agents, licensors, suppliers and any thirdparty information providers to the Service from and against all losses,expenses, damages and costs, including reasonable attorneys' fees, resultingfrom any violation of this Agreement (including negligent or wrongful conduct)by you or any other person accessing the Service.
4.Third Party Rights.
Theprovisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) arefor the benefit of ConversationsWithMarketers.com and its officers, directors,employees, agents, licensors, suppliers, and any third party informationproviders to the Service. Each of these individuals or entities shall have theright to assert and enforce those provisions directly against you on its ownbehalf.
ThisAgreement may be terminated by either party without notice at any time for anyreason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6(Miscellaneous) shall survive any termination of this Agreement.
ThisAgreement shall all be governed and construed in accordance with the laws ofThe United States of America applicable to agreements made and to be performedin The United States of America. You agree that any legal action or proceedingbetween ConversationsWithMarketers.com and you for any purpose concerning thisAgreement or the parties' obligations hereunder shall be brought exclusively ina federal or state court of competent jurisdiction sitting in The United Statesof America . Any cause of action or claim you may have with respect to theService must be commenced within one (1) year after the claim or cause ofaction arises or such claim or cause of action is barred.ConversationsWithMarketers.com's failure to insist upon or enforce strictperformance of any provision of this Agreement shall not be construed as awaiver of any provision or right. Neither the course of conduct between theparties nor trade practice shall act to modify any provision of this Agreement.ConversationsWithMarketers.com may assign its rights and duties under thisAgreement to any party at any time without notice to you.
Anyrights not expressly granted herein are reserved.
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