MarketSense.info Web Site Use Agreement

The MarketSense.info web site (the “Site”) is an online information service provided by Hunter Trading Company (doing business as MarketSense) . PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. MARKETSENSE MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

Site Content

All information, content and software available and/or used on the Site (collectively, “Content”) is protected by copyright and other intellectual property laws. The Content is owned by Hunter Trading Company (Hunter), its affiliates, and/or their respective licensors and suppliers as applicable (collectively, “Licensors”). The Content is intended for personal and noncommercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and noncommercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Hunter.

By submitting to the Site classes, information, posts, and/or other materials (collectively, “User Content”), you grant to Hunter a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform the User Content. Hunter has the right, but not the obligation, to regulate User Content and to remove User Content that Hunter, in its sole discretion, determines to be unlawful or inappropriate. By submitting User Content, you grant to Hunter the right to use your name in connection with the User Content as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Hunter for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Hunter.

Hunter makes a commercially reasonable effort to provide guidelines for the type of Content published on the Site, but because of the large amount of content available, is not able to review all of Content made available on the Site. As such, Hunter does not guarantee the accuracy, authenticity, timeliness, reliability, appropriateness, or completeness of any of the Content. You agree that all risk associated with the use of, or reliance on, any of the Content rests with you. You further agree that Hunter shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any of the Content.

Use of the Site

You are granted a non-transferable, non-exclusive, revocable license to access and use the Site strictly in accordance with these Terms; display, download, archive or print a single copy of any discrete Information or any information and/or content otherwise distributed on the Site, solely for internal, personal, non-commercial purposes, provided that, in doing so, you do not further distribute, sell, or modify the information and content in any way, maintain all copyright and other notices contained therein, and you comply with the Terms set forth herein (collectively, the “Permitted Uses”).

Except for the Permitted Uses contained in this limited license, nothing in these Terms grants you, or should be construed to grant, any licenses or rights, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that all right, title and interest (INCLUDING all copyrights, trademarks, service marks, patents and other intellectual property rights) in the Site, its services, content, and information provided thereon belong to Hunter and/or its licensors, as applicable.

The Site is intended and designed for users 18 years of age and older, and access or use by anyone younger is not authorized.

Your license to access and use the Site is subject to the following restrictions and prohibitions on use. You agree that you shall not: (a) upload, post, transmit, share or otherwise make available through or to, the Site any User Content that is unlawful, abusive threatening, harmful, obscene, lewd, offensive, defamatory, or otherwise objectionable; infringes the intellectual property rights, privacy rights, rights of publicity or other proprietary rights of others; violates any local, federal, or international law, or any rules of any security exchange; contains any viruses, Trojan horses, time bombs, cancelbots, or any other harmful or disruptive computer code, file, or program designed to interrupt, destroy, or limit the functionality of the Site; (b) disrupt, disable, place unreasonable burdens or excessive loads on, interfere with, or attempt to gain unauthorized access to any portion of the Site; (c) provide false information about yourself to Hunter, impersonate any other person, or otherwise attempt to mislead others about your identity; (d) upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, or any other form of solicitation, bulk email, or duplicate messages; (e) use any process to collect, harvest, gather, or extract information from the Site; and (f) copy, disassemble, decompile, translate, reverse engineer or otherwise try to obtain the source code of the Site.

Trademarks

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Hunter. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

Warranties

You hereby represent and warrant that for all User Content you submit to the Site (a) you have all necessary authority, rights and permissions to submit the User Content to the Site, (b) the User Content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the User Content does not and will not violate any applicable law or regulation including, but not limited to, any automobile advertising laws or regulations, or cause injury to any person.

You agree that Hunter cannot and does not guarantee or warrant that content available through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. Hunter PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND HUNTER SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. HUNTER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL Hunter BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF HUNTER OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY DAMAGES ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, HUNTER’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless HUNTER, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from: (a) any violation of this Agreement by you; and (b) any copyright, trademark, and/or patent infringement claims in the User Content you provide.

Term; Termination

This Agreement may be terminated by either party without notice at any time for any reason. You agree that HUNTER is not required to provide any refund to you if HUNTER terminates the Agreement because, in HUNTER’s sole discretion, you have violated these Terms. The provisions of paragraphs 1 (Site Content), 2 (Use of the Service), 4 (Trademarks), 7 (Indemnification), and 10 (Miscellaneous) shall survive any termination of this Agreement.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between HUNTER and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or complaint you may have with respect to the Service must be commenced within one (1) year after the facts giving rise to such cause of action or complaint or such cause of action or complaint is barred. HUNTER’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. HUNTER may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Contact

If you have any questions or concerns about the Web Site, Services, or these Terms of Use, please feel free to contact us at info@marketsense.info.