Updated January 23, 2023
Accepting the Terms and conditions
You and Marketingseas.com. The Site’s content, functionality, and services are subject to the following terms and conditions (collectively, “Terms”).
These terms limit dispute remedies.
1.1. Limited License.
Marketingseas.com grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site for personal, noncommercial use under these Terms. You must arrange for Site access.
These Terms restrict your rights: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; and (c) you shall not access the Site to build a similar or competing product. These Terms apply to any Site release, update, or content addition. All copies of the Site must include all copyright and proprietary notices. We reserve the right to withdraw or amend the Site and any service or material we provide on it at any time without notice. If the Site is unavailable for any reason, we are not responsible.
Use of the Site is limited to legal purposes and these Terms. No Site use:
violates any federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or that we determine may harm us or Site users or expose them to liability.
You promise not to:
Use the Site in any way that could disable, overburden, damage, or impair it or interfere with any other party’s use of it, including real-time activities;
Collect, harvest, mine, or otherwise obtain email addresses, phone numbers, personal information, or other information about others;
Promote any unlawful activity, including any that could result in criminal or civil liability;
Create a fake account or provide false personal information;
Share your password, let others access your profile, or do anything else that could compromise your security;
Hack, password mine, or otherwise attempt to access another’s account, password, or computer system;
Use the Site to violate anyone’s intellectual property or other rights;
Contribute child pornography, defamation, excessive violence, harassment, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable information;
Use any robot, spider, or another automated device, process, or means to access the Site for any purpose, including monitoring or copying Site content;
Use any manual process to monitor or copy Site content without our written consent;
Use any device, software, or routine that disrupts the Site;
Introduce malicious or technologically harmful material to the Site;
Try to break into, damage, or disrupt the Site, its server, or any server, computer, or database connected to it;
DDoS the Site;
interfere with Site operation;
violate any applicable laws or regulations related to Site access or use or engage in any activity prohibited by these Terms;
Prepare, compile, use, download, or otherwise copy any user directory or other user or usage information or any portion thereof, or transmit, provide, or otherwise distribute (whether for a fee) such directory or information to any third party;
Abuse, defame, harass, stalk, or threaten Marketingseas.com or any third party (including privacy and publicity rights);
Use any Marketingseas.com domain name to send anonymous emails.
Modify/Suspend. Marketingseas.com may modify, suspend, or discontinue the Site at any time without notice. You agree that Marketingseas.com is not liable for any Site modification, suspension, or discontinuation. We may refer illegal or unauthorized Site use to law enforcement.
YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR OR LAW ENFORCEMENT AUTHORITY INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS. We are not responsible for your transmissions, communications, or content. We’re not liable for this section’s activities.
You agree that Marketingseas.com will not provide Site support or maintenance. You must provide your own computers, mobile devices, and Internet access to use the Site (including payment of data and user service fees associated with such access).
Excluding any User Content you may provide (defined below), you acknowledge that all intellectual property rights, including copyrights, patents, trademarks, trade dress, and trade secrets, in and to the Site and its contents are owned by Marketingseas.com or Marketingseas.com otherwise has the right to use them as part of the Site, and are subject to the copyright or other intellectual property rights of Marketingseas.com and/or to the terms of licenses held by Marketingseas.com. Except for the limited access rights expressly outlined in Section 1.1, neither these Terms nor your access to the Site transfers any rights, title, or interest in such intellectual property rights to you or any third party. Marketingseas.com and its partners, sponsors, advertisers, and suppliers (collectively, “Suppliers”) reserve all rights not granted in these Terms. These Terms do not imply licenses. Unauthorized Site use may violate copyright, trademark, and other laws and result in criminal or civil penalties. We do not guarantee that your use of Site content will not violate third-party rights.
Marketingseas.com, LLC., 2022. Reserved. We own or license all trademarks, logos, and service marks (“Marks”) on the Site. Use of these Marks requires our written consent or that of the third party who owns them.
Site content is general. Users have different financial situations, needs, and goals. Before acting, enacting, or making a decision based on Site content, users should evaluate it and do more research. The Site does not provide investment, accounting, tax, legal, insurance, or other professional advice or recommendations to any specific person. You are solely responsible for any action, inaction, or decision you make based on Site content.
Users and third-party licensors may contribute content to the Site. All articles, responses to questions, and other content, other than ours, are the opinions and responsibility of the person or entity providing them. Our views may differ from these. Third-party content and accuracy are not our responsibility.
3.1. “User Content” includes all information and content a user submits to, uses with, or posts on the Site (e.g., profile or posting content). User Content is yours. Your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure that personally identifies you or any third party, is at your own risk. You agree that User Content will not violate these Terms. You may not claim that Marketingseas.com provided, sponsored, endorsed, or affiliated with your User Content. If your User Content violates these Terms, you are liable. Marketingseas.com may delete User Content without notice. If you want, you’re responsible for backing up your User Content.
3.2. User Content Restrictions.
You agree not to use the Site to collect, upload, transmit, display, or distribute User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or other intellectual property or proprietary or contractual right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, profane, indecent, obscene, or patently offensive; (c) that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual
Review and Remove Right.
We reserve the right (but not the obligation) to review User Content and investigate and/or take appropriate action against you in our sole discretion if you violate these Terms or otherwise create liability for us or others. We may remove or modify your User Content, terminate your Account by Section 7, report you to law enforcement, or pursue any other legal or equitable remedy.
You hereby assign to Marketingseas.com all rights in any Site feedback or suggestions (“Feedback”) and agree that Marketingseas.com may use and fully exploit such Feedback and related information in any manner it deems appropriate. Feedback to Marketingseas.com is non-confidential and non-proprietary. You agree not to send Marketingseas.com confidential or proprietary information. Feedback is optional.
User Content License.
You grant Marketingseas.com an irrevocable, nonexclusive, royalty-free and fully-paid, perpetual worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content and Feedback, and to grant sublicenses of the foregoing rights, in any manner, it deems appropriate, without compensating or notwithstanding. You irrevocably waive any moral rights or attribution claims for your User Content.
User Content Ownership.
User Content belongs to each Site user. You agree that we are not responsible for User Content provided by you or others because we do not control it. User Content accuracy, currency, suitability, and quality are not guaranteed. Marketingseas.com does not endorse User Content. Your interactions with Site users are private. You agree that Marketingseas.com is not liable for any loss or damage caused by such interactions or User Content. We are not required to resolve disputes between Site users.
You agree to indemnify and hold Marketingseas.com and its owners, members, managers, officers, employees, contractors, agents, affiliates, licensors, service providers, suppliers, successors, and assigns (collectively, its “Representatives”) harmless from any claims, liabilities, damages, losses, costs, awards, demands, expenses, and fees (including attorneys’ fees) made by any third party due to or arising out of or in connection with (a) your use of the Site, or Marketingseas.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us. You agree to cooperate with our defense of these claims. Marketingseas.com must approve any settlement. Upon discovery, Marketingseas.com will notify you.
5. Third-Party Links and Ads.
5.2.Marketingseas.com receives compensation for clicks and user activity on Third-Party Links & Ads. Marketingseas.com uses Affiliate Links. You can assume all Site Third-Party Links & Ads are Affiliate Links. Your browser shares information when you click an Affiliate Link. This includes your IP address and the page’s URL. We can also read or set up browser cookies.
5.3. Social Media and Site Links.
You may link to our homepage fairly and legally that does not damage our reputation or take advantage of it, but you must obtain our written consent before linking in a way that implies our association, approval, or endorsement. You agree to immediately stop any unauthorized framing or linking with us. Linking permission may be revoked without notice. We may disable all social media features and links at any time without notice.
You release and forever discharge Marketingseas.com and its Representatives from, and waive and relinquish, every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage) that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links & Ads). If you are a California resident, you waive California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT.”
6.2. Warranty Disclaimer.
The Site and all Content, Products, and Services on, accessed through, or provided by the Site are provided “AS IS” and “AS AVAILABLE” without any express or implied warranties. MARKETINGSEAS.COM (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OR USE AS TO THE SITE, including the information, data, software, or products contained therein, or the results obtained therefrom. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE, OR CONTENT, PRODUCTS, OR SERVICES CONTAINED ON, ACCESSED THROUGH, OR PROVIDED BY THE SITE, WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, FREE FROM MISTAKES OR DEFECTS, RELIABLE, free of viruses and other harmful code, security issues (including unauthorized data or communication interception), or any other defect or error. APPLICABLE LAW LIMITS SITE WARRANTIES TO 90 DAYS FROM FIRST USE.
IMPLIED WARRANTIES MAY NOT BE EXCLUDED IN SOME JURISDICTIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY DURATION.
Access to and use of the Site, including downloading or otherwise acquiring materials or information from or through the Site, is at your discretion and risk, and you will be solely responsible for any damage to your device or computer system or data loss resulting therefrom.
MARKETINGSEAS.COM, its affiliates, or their LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING DAMAGES OR INJURY CAUSED BY ANY:
SITE USE OR INABILITY
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED ERROR ON OUR SITE; OMISSION ON OUR SITE; INTERRUPTION OF AVAILABILITY OF OUR SITE; DEFECT ON OUR SITE; DELAY IN OPERATION OR TRANSMISSION OF OUR SITE; COMPUTER VIRUS OR LIKE FAILURE; DAMAGES INTended to compensate someone directly for a loss or injury PUNITIVE DAMAGES.
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES”) OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (“INCIDENTAL DAMAGES”).
Even if we were negligent or our authorized representative advised of the possibility of such damages, we are not liable.
EXCEPTION: Some state laws prohibit us from limiting or excluding liability for “incidental” or “consequential” damages. If you live in one of those states, the above limitation does not apply, so you may be able to recover these damages.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, if any, to access our site. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SITE OR ANY PART THEREOF OR ANY ACTION UNDER THESE TERMS.
6.4 Force Majeure.
Marketingseas.com is exempt from liability for events beyond our control, in addition to any legal excuse.
6.5. Company-Only Enforceable.
You agree that any claim, judgment, or order against Marketingseas.com under these Terms or related to the Site is enforceable only against Marketingseas.com and its assets. You expressly waive and renounce any right to proceed against any owner, member, manager, officer, employee, agent, or affiliate of Marketingseas.com or their assets.
Subject to Section 7, these Terms will apply to your Site use. At our sole discretion and without notice, we may suspend or terminate your rights to use the Site (including your Account) for any reason, including for violating these Terms. Your Account and Site access will end immediately if these Terms are terminated. You understand that terminating your Account may delete your User Content from our live databases. Marketingseas.com is not liable for terminating your rights under these Terms, including Account termination or User Content deletion. We do not guarantee the availability of Site content. Marketingseas.com may terminate the Site without notice. Section 1.6, Sections 2 through 11, and any other provisions that survive termination will remain in effect after your rights under these Terms are terminated.
8. Copyright Policy and Infringement Complaints.
Marketingseas.com asks Site users to respect intellectual property. We have a copyright law policy on our Site that removes infringing materials and terminates repeat copyright infringers. If you believe that one of our users is unlawfully infringing the copyright(s) in a work through the use of our Site and want the material removed, you must provide our designated Copyright Agent with the following information in a written notification (under 17 U.S.C. § 512(c)):
(b) identification of the infringed copyrighted work(s);
(c) identification of our Site’s infringing content that you want to be removed;
(d) enough information to locate such material;
(e) your email, phone, and address;
(f) a statement that you have a good faith belief that the copyright owner, its agent, or the law prohibits the use of the objectionable material;
(g) a statement that the information in the notification is accurate and that you are either the copyright owner or authorized to act on behalf of the copyright owner.
Please note that 17 U.S.C. § 512(f) makes anyone who knowingly materially misrepresents that material or activity is infringing or that it was removed or disabled by mistake or misidentification liable for damages, including costs and attorneys’ fees, incurred by us.
9. Site/Terms changes.
The “Last Revised” date above applies to these Terms. We reserve the right to modify these Terms.
As you use the Site, please let us know if there are ways we can make it easier for you to find and use the information you need. Simply accept these Terms. Read them because using the Site means you agree to them. Avoid the Site if you disagree. We may change these Terms at any time.
If we make significant changes to these Terms, we may prominently post a notice on our Site. Our changes take effect immediately and apply to all Site access and use. Continued use of our Site after notice of such changes indicates your acceptance of such changes and agreement to be bound by their terms.
The Site’s content may be updated, but it may not be complete. Updates are not required.
Conflict resolution. Read Section 10 carefully. It affects your Marketingseas.com contract rights.
If a claim or dispute (a “Dispute”) arises out of or in connection with the Site, these Terms, or Marketingseas.com’s content, products, or services, the parties will try to resolve it informally through mutual discussions. Dispute Notices can be sent by either party. If the dispute is not resolved informally through mutual discussions within 30 days of the non-claiming party receiving the Dispute Notice, each party may pursue its legal remedies, subject to this Section 10.
10.2. Each party irrevocably consents and agrees that the United States federal or Nebraska state courts located in Omaha, Nebraska shall have exclusive jurisdiction over any legal action or proceeding brought by either party in connection with the Site, these Terms, or the use of any content, product, or service provided by Marketingseas.com, and each party (a) accepts the jurisdiction of the foregoing courts, (b) irrevocably agrees to be bound by any final judgment (after Each party agrees that a final judgment (after any appeal) in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or otherwise as provided by law. You consent to exclusive jurisdiction and venue in any state or federal court in Nebraska if you have violated or threatened to violate Marketingseas.com and/or its affiliates intellectual property rights.
10.3. Jury Waiver.
Each party waives its right to a jury trial in dispute litigation to the fullest extent permitted by law.
10.4. Class-Action Waiver.
ALL DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF OTHERS.
U.S. and foreign export and import laws may apply to the Site. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Marketingseas.com or the Site or any products using such data in violation of US export laws or regulations.
11.3. Electronic Communications, Transactions, and Signatures.
Marketingseas.com posts notice on the Site and emails you, so all of our communications are electronic. For contractual purposes, you (a) consent to receive communications from Marketingseas.com in electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Marketingseas.com provides to you electronically, via email, and on the Site satisfy any legal requirement that such communications would satisfy if provided in a hardcopy writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery, or retention of non-electronic records, or payments or credits by any means other than electronic. Non-waivable rights are unaffected.
11.4. Construction; Assignment.
These Terms and all related documents are governed by and construed by the laws of Nebraska, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such provisions would require or permit the application of the laws of any jurisdiction other than Nebraska. Our Site users outside the US must comply with local laws.
If any provision of these Terms is invalid or unenforceable, it shall be eliminated or limited to the minimum extent, the other provisions shall remain in force, and the invalid or unenforceable provision shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the parties’ original intentions.