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 any
Marketing Merge, Inc. product within 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
3601 SW River Parkway, Unit 1008
Portland, OR 97239
support@marketingmerge.comm
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.)
14. Indemnity.
You agree to indemnify and hold Us and our officers, directors, agents,
employees, contractors and suppliers, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party, including but not
limited to any claim arising 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.
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. s.
If you need to contact Us with questions regarding this Agreement, please do so
in writing at:
Marketing Merge, Inc.
3601 SW River Parkway, Unit 1008
Portland, OR 97239
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