Website Terms of Use - Web Marketing Cafe

Website Terms of Use - WebMarketingCafe.com

Last Updated: June 2005

The following are terms of a legal agreement between you and WebMarketingCafe.com (WebMarketingCafe). By accessing, browsing and/or using this web site, you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.

Restrictions on Use of Materials

All Materials, including text, graphics, databases, HTML code and other intellectual property posted on this site, are subject to copyrights owned by WebMarketingCafe.com and other individuals or entities. Any reproduction, retransmission, or republication of all or part of any document found on this site is expressly prohibited, unless WebMarketingCafe or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. All other rights reserved.

The names, trademarks, service marks, text, graphics and logos of WebMarketingCafe appearing on this site may not be used in any advertising or publicity, or otherwise to indicate WebMarketingCafe's sponsorship of or affiliation with any product or service, without WebMarketingCafe's prior express written permission.

Although WebMarketingCafe site includes links providing direct access to other Internet sites, The DMA takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites.

The DMA is providing information and services on the Internet as a benefit and service to visitors and in furtherance of WebMarketingCafe's commercial goals. WebMarketingCafe makes no representations about the suitability of this information and these services for any purpose.

Database Ownership, License, and Use

WebMarketingCafe warrants, and you accept, that WebMarketingCafe is the owner of the copyright of the Databases of Links to articles and resources available from time to time through WebMarketingCafe. WebMarketingCafe and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

WebMarketingCafe grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from WebMarketingCafe's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials, articles, concepts presented in this site are merely a perspective for your consideration. Any decisions regarding your life or changes you might wish to make are your sole responsibility. Should you wish to seek professional advice in this regard you should do so with an appropriately licensed, competent, qualified professional advisor. None of the claims nor the advice here substitutes for medical attention, and they are neither intended as - nor should be used as - a substitute for your physician's role in monitoring and treating you.

The materials in this site are provided "as is" and without warranties of any kind either express or implied. WebMarketingCafe disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WebMarketingCafe does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. WebMarketingCafe does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not WebMarketingCafe) assume the entire cost of all professional or medical advice and intervention, and all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall WebMarketingCafe be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if WebMarketingCafe or a WebMarketingCafe authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall WebMarketingCafe's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to WebMarketingCafe and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of WebMarketingCafe and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by WebMarketingCafe or its subsidiaries or affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of WebMarketingCafe or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from WebMarketingCafe, and all information to which you have access through password-protected areas of WebMarketingCafe's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to WebMarketingCafe.com. WebMarketingCafe reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from WebMarketingCafe will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without WebMarketingCafe's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of New Jersey, USA, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate WebMarketingCafe and/or its affiliates' intellectual property rights, WebMarketingCafe and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Bergen County, New Jersey or another location of WebMarketingCafe's choosing. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Bergen County, New Jersey or another location of WebMarketingCafe's choosing, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all WebMarketingCafe site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at WebMarketingCafe's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other WebMarketingCafe site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.