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LAST UPDATED Nov 02, 2000

TERMS AND CONDITIONS OF USE
The Marketing Alliance, Inc. ("The Marketing Alliance")
www.TheMarketingAlliance.com

1. Introduction
2. Use of Material
3. Site Use
4. Member Rules
5. Linking to the Web Site
6. Submissions
7. Disclaimers
8. Limitation of Liability
and Remedies
9. Links to Other Sites
10. Termination
11. Indemnity
12. Nonassignability
13. General

1. Introduction

This page states the terms and conditions ("Terms") under which you may use www.TheMarketingAlliance.com (the "Web Site"). Please read this page carefully. If you do not accept the Terms, do not use the Web Site. By using the Web Site, you are indicating your agreement to be bound by the Terms. If you are a member of The Marketing Alliance (a "Member"), your use of the Web Site is also subject to the terms and conditions set forth in Paragraph 4 Member Rules.

The Marketing Alliance may revise the Terms at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site after we post changes to the Terms means you have accepted the changes. The terms "you" and "user" refer to all individuals and/or entities accessing the Web Site for any reason.

2. Use of Material

The contents of the Web Site, including, but not limited to, text, graphics, sounds, images and other material (the "Material"), are owned by The Marketing Alliance and third party service providers ("Service Providers") and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.

The Marketing Alliance authorizes you to view and download a single copy of the Material on the Web Site solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The Material may not be used on any other web site or in a networked computer environment for any purpose.

You may not copy or adapt the HTML or other code that The Marketing Alliance uses to generate its pages. This code is also protected by The Marketing Alliance's copyright and other intellectual property rights.

3. Site Use

General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, hateful, or otherwise objectionable, in our sole discretion.

Security Rules: You may not violate or attempt to violate the security of the Web Site or use the Web Site to violate the security of other web sites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding," "spamming," "mailbombing," or "crashing" the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Marketing Alliance packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Marketing Alliance may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses: Without limitation, The Marketing Alliance specifically prohibits any use of the Web Site, and you may not use the Web Site, for any of the following:

Option to Remove: All chat and bulletin board communications are public and not private. Although we reserve the right to remove, without notice, any bulletin board posting for any reason, we have no obligation to delete content you may find objectionable or offensive.

4. Member Rules

4.1 Applicability

The following additional terms apply to Members of The Marketing Alliance.

4.2 Username and Password

You will select or be assigned a username and password. You are responsible for maintaining the confidentiality of your username and password. You are responsible for all uses of your username, whether or not authorized by you. You must immediately notify us of any unauthorized use of your username or password.

4.3 The Service

In consideration of your compliance with the terms and conditions of this Agreement, we will provide you with the content, tools and services generally available to Members on the Web Site (the "Service") and grant you the license set forth in Paragraph 4.4. We reserve the right, at our discretion, to change, modify, add or remove portions of the Service at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

4.4 Limited License

We grant you a personal, non-exclusive, non-transferable license to use the software available on the Web Site (the "Software") in accordance with the terms of this Agreement. You may only access and use the Software via a web browser in object code form from a server controlled by us and only in connection with your use of the Service. This license does not confer upon you any right to copy the Software or to use it on computers other than a server controlled by us. You may not sublicense the Software. You may not reverse engineer, decompile, disassemble, modify, adapt, translate, create derivative works of, copy, distribute, or transfer the Software. You also acknowledge that The Marketing Alliance does not commit to support any particular web browser. We reserve the right at any time to revise and modify the Software, to release subsequent versions of it, and to alter its features, specifications, capabilities, functions, and other characteristics, without notice to you. If any of the Software is accompanied by an end user license agreement or other legal statement, then use of such Software will also be governed by the terms of that license agreement or other legal statement. In the event of any conflict between the Terms and such end user license agreement or other legal statement, the provisions of such end user license agreement or other legal statement shall govern.

5. Linking to the Web Site

If you would like to link to the Web Site, you must comply with the following. A web site that links to the Web Site:

6. Submissions

As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of their postings. You may not:

You warrant and represent to The Marketing Alliance that all information, communications, software, photos, text, video, graphics, music, sounds, images and other material submitted by you to the Web Site are solely owned by you or are provided with the express authority of the applicable owner(s) and do not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights).

By submitting any such material to any "public area" (e.g., chat rooms, bulletin boards, email, etc.), you automatically grant us a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, sell, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material in whole or part and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such material.

You also warrant that the holder of any rights, including moral rights, in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license to us stated above.

Members will retain all right, title and interest in all information, data and other materials uploaded to any non-public areas of the Web Site.

7. Disclaimers

We have no obligation to screen communications in advance and are not responsible for screening or monitoring material posted by users or Members. If we are notified of communications or materials that allegedly do not conform to this Agreement, we may investigate that allegation and determine in good faith and in our sole discretion whether to modify, remove, or request the removal of the communication. We may also terminate the account of the responsible party or take such other action as we deem fit. We have no liability or responsibility to users or Members for performance or non-performance of such activities.

We do not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or Members or endorse any opinions expressed by users or Members. You acknowledge that any reliance on material posted on the Web Site will be at your own risk.

The Web Site, the Service, the Software, the Material and their use and the results of such use are provided "as is." We assume no responsibility for the timely deletion, delivery, or storage of any user communication or personalization settings or the failure to do any of the foregoing.

WE AND OUR SERVICE PROVIDERS DO NOT WARRANT, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW WE DISCLAIM, ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE AND OUR SERVICE PROVIDERS SPECIFICALLY DISCLAIM ANY WARRANTY (A) THAT THE WEB SITE, THE SERVICE, THE SOFTWARE OR THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. IF YOUR USE OF THE WEB SITE, THE SERVICE, THE SOFTWARE, OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, NEITHER WE NOR AND OUR SERVICE PROVIDERS ARE RESPONSIBLE FOR THOSE COSTS.

8. Limitation of Liability and Remedies

THE MAXIMUM AGGREGATE LIABILITY OF THE MARKETING ALLIANCE UNDER ANY WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD IMMEDIATELY PRIOR TO THE DATE THE LIABILITY AROSE, OR $100, WHICH EVER IS LESS.

NEITHER WE NOR OUR SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICE, THE SOFTWARE, THE MATERIAL OR OTHER INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, THE SERVICE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WE OR ONE OF OUR REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE, THE SOFTWARE, THE MATERIAL OR ANY HYPERLINKED WEB SITE.

9. Links to Other Sites

The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content, suitability, or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

The Marketing Alliance cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Web Site because these sites are owned and operated by independent operators. We do not endorse any of the goods or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. The Marketing Alliance does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and activity. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

10. Termination

The Marketing Alliance reserves the right, at its sole discretion and without liability to you, to immediately terminate your ability to access the Web Site and/or any other service we may provide to you, with or without cause. Without limiting the foregoing, we may terminate your access if we learn you have provided false or misleading information, interfered with other users or the administration of our services, or otherwise not complied with any of the Terms.

11. Indemnity

You shall defend, indemnify, and hold harmless The Marketing Alliance, Service Providers, and their respective officers, directors, employees and agents, from and against any claims or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Web Site, the Service, the Software, the Material or your breach of the Terms, including (without limitation) any claim of infringement. We will notify you of any such claim and will cooperate with you, at your expense, in defending against any such claim or demand.

12. Nonassignability

Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such attempted assignment or transfer shall be void and without effect.

13. General

The Marketing Alliance makes no claims that the Web Site may be lawfully viewed or downloaded outside of the United States. Access to the Web Site may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms are governed by the internal substantive laws of the State of Connecticut, without respect to its conflict of laws principles. You may not institute any action in any form arising out of use of the Web Site, the Materials or the Terms more than eighteen (18) months after the cause of action has arisen. If any of the Terms is found to be invalid by any court having competent jurisdiction, that invalidity will not affect the validity of the remaining Terms, which will remain in full force and effect. No waiver of any Term will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end user software license or in another statement by The Marketing Alliance on the Web Site, the Terms constitute the entire agreement between you and us with respect to the use of Web Site. No changes to the Terms may be made except by a revised posting by us on this page, and no waiver of any Term will be effective unless it is in writing and signed by us.