1. Introduction

Thank you for reviewing our Terms and Conditions of Use Agreement (hereinafter the "Agreement") for the Marketing Merge, Inc. Network, a collection of web sites accessible through multiple URLs (collectively referred to as the "Marketing Merge, Inc. Network" or "the Sites"). The Sites are licensed and operated by Marketing Merge Inc., an Oregon corporation (hereinafter referred to as "Marketing Merge, Inc. Network," "We", or "Us"). This Agreement applies to persons who visit, purchase from, or otherwise use the Marketing Merge, Inc. Network ("Users"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Marketing Merge, Inc. Network.

2. About the Marketing Merge, Inc. Network.

The Marketing Merge, Inc. Network is a collection of websites focused on providing quality information, education, coaching, training, podcasts and related digital & physical products regarding innovative and exciting marketing methods.

3. Availability and Eligibility.

Our Sites are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Sites are not available to children (persons under the age of 18). The Sites are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering the Sites no distribution or solicitation is made by the Marketing Merge, Inc. Network to any person to use the Sites in jurisdictions where the provision of such sites or services is prohibited by law. Competitors are not authorized to access or use our Sites without express, written permission from Us in advance of such access. If you do not qualify, please do not use our Sites.

4. User's Responsibilities and Acknowledgements.

As a Marketing Merge, Inc. Network User you are obligated to read this Agreement and our Privacy Policy before you utilize our Sites, purchase anything from Us, or provide any information to Us. You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies We have now or may adopt in the future. You acknowledge and agree that We do not offer legal or financial advice. The Sites are provided for informational purposes only.

5. Purchases, Refunds and Cancellation Policy.

If you choose to purchase a product that We offer for sale through the Site, We will collect information from you, including credit card information, needed to process your transaction and will charge your credit card accordingly. If the credit card you have on file for a recurring payment is declined during an attempt to charge it, We will continue to attempt charging your credit card periodically for a period of 15 days. Your access to the members-only area will be restricted until the payment is processed successfully. The account will be restored upon successful payment in full. You may request a refund for your purchase during the satisfaction guarantee period specified on the product information page. You will want to print your specific product information page for your records. For digital products, We will refund the full price of the product. For physical products, the physical product must first be returned to Us before the refund is granted. You are responsible for the costs of shipping the product and shipping and handling charges will not be refunded. Marketing Merge, Inc. Network reserves the right to change its fees or billing methods at any time. We will provide timely notice to the affected Users of any such changes. You agree that all payment information provided by you to Marketing Merge, Inc. Network is accurate, including but not limited to your credit card number, billing address, and credit card expiration date. By acknowledging our terms and conditions at the time of purchase you have entered a legal and binding agreement with Us to fully pay for products purchased whether in a single payment or in a payment plan. If you purchase a product that offers a payment plan spread out over a period of time, you agree to make all future payments until the product has been paid for in full, unless a refund is requested. You must request a refund for that product within the refund period stated on the product information page in order to cease making future payments. If for example, the designated refund period is 30 days, you have up and until a full 30 days to request a refund. Any request for a refund made beyond the initial 30 day period will not be granted. If you have purchased a monthly subscription membership and if you are beyond initial 30 day refund period, no refund will be granted. You may cancel your membership at any time and the request must be received at least 3 days prior to your recurring payment due date in order to avoid payment being processed for the next month. Subscription services with Marketing Merge, Inc. may only be cancelled by email sent to: support@marketingmerge.com Cancellations to a paid membership subscription with Marketing Merge, Inc. must be received within 3 days before the recurring due date of your subscription renewal. Your recurring payment due date is the same date as your initial purchase each month, and not necessarily the date as it appears on your bank statement. We have a cancellation and refund process in place that is to be used. Any deviation from this to circumvent this process may incur fees and charges for which you will be responsible and liable. We have a period of up to 5 years in which to pursue our claim with you.

6. Restricted Activities.

You are prohibited from any use of the Sites or their content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information provided to Us and your activities on the Sites shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for Us or cause Us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Marketing Merge, Inc. Network content without the prior express written permission of Marketing Merge, Inc. Network. Materials in the Sites are copyrighted by Marketing Merge, Inc. and all rights are reserved. Text, graphics, databases, code, schemes, logics, HTML code, ASP Code, functions, routines, and other intellectual property may not be copied, reprinted, published, reengineered, reverse engineered, translated, hosted, or otherwise distributed by any means without explicit permission by Marketing Merge, Inc. You may not consummate any transaction on the Sites, or that was initiated using our Sites, that could cause Us to violate any applicable law, statute, ordinance or regulation. All of the trademarks on this site are trademarks of Marketing Merge, Inc., or of other respective owners used with their permission.

7. Termination and Breach.

This Terms of Use Agreement is effective until terminated by either party. Paying subscribers may terminate this agreement at any time by submitting a cancellation notice to support@marketingmerge.com (See Section 5 Purchases, Refunds and Cancellation Policy) and destroying all materials obtained from any and all of the Sites, as well as all related documentation and copies thereof, whether made under the terms of this agreement or otherwise. Upon termination, you must destroy all materials obtained from the Sites of the Marketing Merge, Inc. and all copies thereof, whether made under the terms of this agreement or otherwise. You may not redistribute any of these materials in any way. Without limiting other remedies, We may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or We anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) We are unable to verify or authenticate any information you provide to Us; or (c) We believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or Us. We can also terminate this Agreement at any time, with or without cause. If you violate or otherwise breach this Agreement, Marketing Merge, Inc. Network will not issue any refunds of any amount to you.

8. Privacy.

We only use your information as described in our Privacy Policy. Our current Privacy Policy is available at http://marketingmerge.com/privacy_policy.asp. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.

9. Third Party Providers and Links to Third Party Sites.

The services of the Marketing Merge, Inc. Network are frequently provided by consultants and coaches who are self-employed, employed by third parties, or otherwise not subject to our direct oversight and control. While We endeavor to insure that these consultants and coaches have the necessary background and experience to render sound advice, We do not guarantee such advice and are not liable for any damages that may result from the use or inability to use such advice. There may be links established between this Site and other sites on the World Wide web and Internet that are not under the control of, or maintained by Marketing Merge, Inc. The linked sites are for your convenience only and you access them at your own risk. Such links do not necessarily constitute an endorsement by Marketing Merge, Inc. Network of those sites. Marketing Merge, Inc. Network undertakes no obligation to monitor such sites, and you agree that Marketing Merge, Inc. Network is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.

10. Intellectual Property.

The Marketing Merge, Inc. Network contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Sites except as permitted under the applicable laws. You accept, understand and agree that you do not own, control or share in any of the copyrights or technology of the Sites, links to articles, videos, audios, and resources available at the Marketing Merge, Inc. Marketing Merge, Inc. reserves all rights and no intellectual property rights are conferred by this Agreement. Marketing Merge, Inc. grants you a non-exclusive, non-transferable website usage license to use the Sites, its content and features accessible to you on a limited basis subject to this Agreement. You agree to use information obtained from the Marketing Merge, Inc. website(s) only for your own private use or the internal purposes of your home or business, provided that is not the selling or brokering of information. 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 educating a potential customer or for your own education and reference. Nothing herein shall authorize you to create any database, index, directory or hard copy publication of or from the Sites and data, whether for internal or external distribution or use.

11. DMCA Policy

Marketing Merge, Inc. Network takes claims of copyright infringement very seriously. Our policy for handling claims of infringement is to have our designated agent review and respond to notices of infringement when a DMCA compliant notice is provided to Us. In accordance with the Digital Millennium Copyright Act ("DMCA"), Marketing Merge, Inc. Network has designated an agent to receive notification of alleged copyright infringement occurring on the Site. If you believe that your copyrighted work is being infringed, notify the designated agent specified below:

Marketing Merge, Inc.
Attn: DMCA Designated Agent
1410 NW Kearney St. # 910
Portland, OR 97209
support@marketingmerge.com

The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: * A description of the copyrighted work claimed to have been infringed; * A description of the infringing material and information reasonably sufficient to permit Marketing Merge, Inc. Network to locate the material; * Your contact information, including your mailing address, telephone number, and email address; * A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; * A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and * A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

12. Email Policy.

Please be advised that if you provide Us with your email address, you have expressly granted Us the right to contact you via email. You may opt out of receiving future emails by following the instructions at the bottom of each Marketing Merge, Inc. Network email message.

13. Liability

The performance of the Sites and all materials, features and functions contained in or on, downloaded or accessed from the Sites are provided to you on an "as is" basis, without warranties of any kind whatsoever, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose or non-infringement of the rights of third parties. Marketing Merge, Inc. shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using the Sites or services offered and used in association with your use or participation with the Sites. Further, Marketing Merge, Inc. does not warrant that the features, data and functions contained in the materials or website 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. Marketing Merge, Inc. does not warrant or make any representations regarding the use or the results of the use of the materials, features, data or functions in the Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not Marketing Merge, Inc. assume the entire cost and risk of using the Sites and its services. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.) ising out of your violation of this Agreement or your use of the Sites in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Marketing Merge, Inc. Network reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Marketing Merge, Inc. Network. You further agree to indemnify and hold harmless Marketing Merge, Inc. Network from any claim arising from a third party's use of information or materials of any kind that you post to the Sites.

15. UCE or SPAM.

You agree to not participate in any spam activity. Use of the Sites URL's for this purpose is strictly prohibited and can result in the termination of your web site usage. If you are unsure what constitutes spam or UCE then please email support@marketingmerge.com for clarification prior to doing any email broadcasting of the website URL's provided to you. You may be charged a $2500 clean up fee and any other fees allowed by law and have legal action sought against you if you cause injury or disruption of services by your actions of spam or UCE.

16. Dispute Resolution.

If a dispute arises under this Agreement, you agree to first try to resolve it with the help of a mediator that We mutually agree upon at the following location: Portland, Multnomah County, Oregon. If it proves impossible to arrive at a mutually satisfactory solution through mediation, you and Marketing Merge, Inc. agree to submit the dispute to binding arbitration at the following location: Portland, Multnomah County, Oregon, 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. You agree that you will notify Marketing Merge, Inc. Network in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give Marketing Merge, Inc. Network a reasonable period of time to address it before bringing any arbitration or legal action.

17. Uploading Photos

When you upload any photo or photos at any of Sites, you agree that Marketing Merge, Inc. may use your photo to display at various community online areas unless you specifically write Us to not show your photo.

18. Waiver.

Failure by Marketing Merge, Inc. Network to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

19. Right to Change this Agreement.

Marketing Merge, Inc. shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of this Agreement without notice or liability to you. Any changes to this Agreement shall be effective immediately following the posting on this website or email notification of such changes. Your continued use of this Site and the Services following Marketing Merge, Inc. Network's posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.

20. General Provisions.

This is the entire Agreement governing the use of the Marketing Merge, Inc. Network. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Oregon, without regard to that state's conflict of laws provisions. By using the Sites you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the State of Oregon. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of Marketing Merge, Inc. Network in accordance with applicable law and the remainder of the Agreement shall remain in full force.

21. Contact Marketing Merge, Inc. Network.

This Agreement is constructed to protect our members so We may continue serve you and your team over the long-run without interruptions or frivolous legal disputes. If you need to contact Us with questions regarding this Agreement, please do so in writing at:

Marketing Merge, Inc.
1410 NW Kearney St. #910
Portland, OR 97209