Conditions of UseWhen using Marketpro, Inc. website services, you agree to the terms and conditions listed on this page (the "Terms of Service"), which may be updated by Marketpro, Inc. from time to time. You are responsible for maintaining the confidentiality of your account userid and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. Users alone are responsible for the contents of the messages they communicate when using Marketpro, Inc. website services and as well as the consequences of any such messages. You agree that you will not use Marketpro, Inc. website services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use Marketpro, Inc. website services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates the community standards described herein. In order to ensure that the Marketpro, Inc. website is able to provide high quality services which are responsive to customer needs, you must consent to Marketpro, Inc. employees being able to access your account and records on a case by case basis to investigate complaints or other allegations or abuse. Marketpro, Inc. shall not disclose the existence or occurrence of such an investigation unless required by law. Violation of terms of service may result in immediate deletion of a users account. All forum and chat communications are public and not private communications. Although Marketpro, Inc. reserves the right to remove without notice any forum posting for any reason, Marketpro, Inc. has no obligation to delete content that you may find objectionable or offensive. Marketpro, Inc. may modify or discontinue the Marketpro, Inc. website services or your account with these services, with or without notice, without liability to you, or any other user or any third party. Marketpro, Inc. reserves the right to terminate your account if it is found that you have provided false or misleading registration information, interfered with other users or the administration of Marketpro, Inc. website services, or violated these Terms of Service. You understand and agree that Marketpro, Inc. website services are provided "AS-IS". Marketpro, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In particular, but not by way of limitation, Marketpro, Inc. may delete e-mail accounts or the information therein if the account is inactive for greater than ninety (90) days. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF MARKETPRO, INC. WEBSITE SERVICES ARE AT YOUR SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MARKETPRO, INC. WEBSITE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH ON OUR SITES, MARKETPRO, INC. DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MARKETPRO, INC. WEBSITE SERVICES, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH MARKETPRO, INC. WEBSITE SERVICES, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH MARKETPRO, INC. WEBSITE SERVICES, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH MARKETPRO, INC. WEBSITE SERVICES OR THAT MARKETPRO, INC. WEBSITE SERVICES WILL MEET ANY USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. MARKETPRO, INC. WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE MARKETPRO, INC. WEBSITE SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH MARKETPRO, INC. WEBSITE SERVICES, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MARKETPRO, INC. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify, defend and hold harmless Marketpro,Inc., its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of Marketpro, Inc. website services, your violation of the Terms of Service or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of Marketpro, Inc.'s successors, assigns and licensees. These Terms of Service will be governed by and construed in accordance with the laws of the State of These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Marketpro, Inc. This statement was last updated on April 12, 2006. |