Your use of this website, www.marketingresults.biz, and/or any other website that is owned in part or in full by Marketing Results, is an acceptance of the terms of use stated herein. This agreement between you ("Customer, Client") and www.marketingresults.biz ("Marketing Results.") will remain in affect as long as you continue to use this website and any part thereof. We reserve the right to edit or modify these terms of use at any time, at will, without any obligation to contact you or any person(s) whom use this website. This terms of use exists to provide you with guidelines for www.marketingresults.biz under which all users much abide to. Any user of this site found to violate these terms of use may be subject to being blacklisted from this website, and any other website that falls under the jurisdiction of Marketing Results. In addition to such, we reserve the right to prosecute users of this site who cause monetary damage or infringe upon our own intellectual property. Any violations of Federal or State law will be reported to the appropriate authority while civil injunctions will be addressed by our own delegated attorney(s).
INTELLECTUAL PROPERTY
All logos, trademarks, and copyrights are property of their respective owners. Unless otherwise stated, you are strictly prohibited under copyright law from using any logos, trademarks, copyrights, graphics, videos, scripts, domain names, trade names, or any other media found on this website without the expressed permission from the owner. All property is deemed intellectual property and the unauthorized use of any such property will constitute a direct violation of this terms of use agreement and may be subject to severe penalties under state and federal law. No such portion of this site, either in whole or part, may be reproduced, copied, reverse engineered, cloned, spoofed, or promoted, electronic or otherwise, without the express written permission from www.marketingresults.biz.
TARGETED TRAFFIC
You agree to hold harmless, www.marketingresults.biz ("Marketing Results."), for any pumitive damages, monetary liabilies, excessive bandwidth, server/website workloads, or any other anomoly that might arise from the use of our targeted website traffic. www.marketingresults.biz will not be held liable for the downtime of your website or server, whether a result of our traffic or not, and shall not refund the order or refurbish traffic that is lost as a result of your downtime. It is the sole responsiblity of the client ("You") to ensure that your website is up and running and can accomadate the technical resources required for any abundance of additional traffic that is sent to your website or server. Should you experience an outage or technical issue with your website or webserver, you can pause your targeted website traffic campaign through our control panel.
Per our agreement, we guarantee to send the number of targeted website visitors that you have purchased, directly to the targeted URL that you have specified for your order. Should we fail to deliver such traffic, as the result from a technical issue for which we are at fault or for any other unforseen circumstances, we agree to fulfill your order and continue to deliver targeted website traffic, up to the number of visitors included in your purchase order, immediately upon recommencement of our services.
www.marketingresults.biz tracks the number of visitors that are sent to your website through a proprietary platform. For your convenience, you can view the number of visitors that have been sent to your website at any given time directly from our control panel. The number of visitors that are sent to your website may continue to increase even after you have paused your campaign since we can not take back or pause the delivery of your website or landing page where it has already been delivered but not yet viewed. For example, if your website has already been delivered as a pop-under for 100 of our network websites then you will not receive a visit to your website until after the visitor has left or closed out our website, thus revealing your website.
USE OF Marketing Results CONTENT
Marketing Results strictly prohibits the use, display, leaching, modification, reverse engineering, cloning, saving, or copying of any content, including but not limited to this Terms of Agreement herein, our Privacy Policy, and source code, found, obtained, viewed, or located on any web page, document, or resource (online or offline), under domain www.marketingresults.biz, either in whole or in part, in any fashion that would constitute a violation of intellectual copyright laws as governed by the U.S. Federal Trademark and Copyright Office. All content, as defined above, is the intellectual property of Marketing Results and Marketing Results�s partners, vendors, affiliates, and any other third parties with which Marketing Results conducts business. Under no circumstances shall such prohibitions be breached by you, your heirs, successors, agents, or any other representative figures of yourself, unless otherwise stated in a conditional limited terms of use policy applicable to the products or services provided by Marketing Results or Marketing Results�s partners, vendors, affiliates, and any other third parties with which Marketing Results conducts business. You agree that should Marketing Results believe, without a reasonable doubt, that you are in breach of these provisions, whether proven or not, that Marketing Results reserves the right to immediately terminate your account under the provisions as outlined in the Terms of Termination section of this Terms of Use Agreement and to take a legal course action to the highest extent of the law to recover from any exemplary or punitive damages, including loss of profit.
TRADEMARK NOTICES
All trademarks and logos are the intellectual property of their respective owners. Marketing Results claims ownership of the Marketing Results logo, Hany Beaver mascot, and Marketing Results brand name. Any use of any such trademarks or logos from www.marketingresults.biz is strictly prohibited without the prior written consent from Marketing Results or the respective owner of such trademark or logo. Affiliates whom participate in marketing Marketing Results products or services must agree with a limited terms of use policy which restricts the use of such trademarks and logos to only those that are encompassed within the content that is supplied by Marketing Results specifically for affiliate marketing. This also holds true for Marketing Results franchisees whom are also provided with Marketing Results marketing materials designated exclusivey for franchisess .
Marketing Results SITE RESTRICTIONS
You agree not to use www.marketingresults.biz to transmit, distribute, store or destroy material, including without limitation Marketing Results content, in violation of any applicable law or regulation, in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Marketing Results or others or violate the privacy, publicity or other personal rights of others, or that is defamatory, obscene, threatening, abusive or hateful in any manner. Marketing Results prohibits users of www.marketingresults.biz from violating or attempting to violate the security of www.marketingresults.biz, including, without limitation, the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Marketing Results website, overloading, "flooding", "spamming", "mail bombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Marketing Results will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
ACCOUNT INFORMATION
Upon signing up for any Marketing Results product or service, Marketing Results collects various information from you, without limitation, that is deemed as necessary to provide the products or services we offer. You agree that Marketing Results may disclose to third parties, on an anonymous basis, certain aggregate information contained in your account profile. Marketing Results will not sell, lease, or disclose, to any third party, your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Marketing Results reserves the right to offer third party services and products to you based on the preferences that you have identified in your account profile. Such offers may be made by Marketing Results, Marketing Results�s partners, affiliates, vendors, or any other third party business entity in which Marketing Results conducts business with.
ACCOUNT SECURITY
Marketing Results strives to provide the highest level of security to protect your pertinent data as well as that of our many other customers. In making this effort, we are also very dependent on our customers to maintain the confidentiality of their login credentials. Therefore, we ask that you take responsibility for your account login credentials and agree to be held liable for any activities that take place under your account. You also agree to immediately notify Marketing Results of any breach in security or unauthorized use of your account. You further agree that you could be held liable for losses incurred by Marketing Results or another party due to someone else using your account login credentials.
NO SPAM POLICY
You agree that for the duration of your use of Marketing Results�s products or services you shall not use such products or services to transmit, deliver, or otherwise send SPAM or unsolicited bulk Emailing. Marketing Results reserves the right to terminate your account or any accounts under which any SPAM or unsolicited bulk Emailing activities have taken place. You agree to pay Marketing Results for any actual or liquidated damages that may have resulted from such activities. A fee of one U.S. dollar per Email will be charged for such activities when no cost of actual damages can be assessed. Marketing Results reserves the right to release any information required by local law enforcement agencies in cooperation with any judicial investigations evolving from such activities.
POLICY ON THIRD PARTY LEGAL PROCESS
Marketing Results fully cooperates with law enforcement officials with any investigations, subpoenas, or other legal processes in regards to any Marketing Results related matter. Marketing Results will supply any requested materials, information, documents, or other records of interest to any third party requests providing that the request is proven to be related to a legal mater without a reasonable doubt. Marketing Results reserves the right to charge an administrative fee of one hundred U.S. dollars for any requests of this nature. Requests which involve extensive research or resources may constitute additional hourly fees.
LIMITATION OF LIABILITY
Marketing Results makes no claims, promises or guarantees about the accuracy, completeness, links, timeliness, or adequacy of the contents www.marketingresults.biz and expressly disclaims liability for errors and omissions in the contents of the www.marketingresults.biz website. Marketing Results will not under any circumstances be liable for any damages whatsoever, including any special, indirect, incidental, consequential or exemplary damages resulting from the use or loss of use of the service, due to any cause, even if Marketing Results has been advised of the possibility of such damages. In any event, Marketing Results�s total liability to you for all damages (Whether based on contract, torte or other theories) will be limited to the amount you actually paid for the service during the month in question. Some states and jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. If you reside in such a state then the above limitation may not apply to you.
DISCLAIMER OF WARRANTY
Marketing Results does not warrant that the www.marketingresults.biz website will operate error-free or that any of the websites hosted on one or more of Marketing Results's servers will operate error-free or is free of computer viruses or other harmful mechanisms. Marketing Results will not be held liable for the need for servicing, equipment replacement, loss of any data, or any miscellaneous costs associated with such damages as a result of using OribtalWebDesign.com or any other websites which may be hosted on Marketing Results servers. All Marketing Results content, services, and products are provided on an "As is" basis without any warranties of any kind. Marketing Results, to the fullest extent permitted by law, disclaims warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement.
FEES AND PAYMENT
You agree to pay any fees or amounts due for any products or services provided to you by Marketing Results prior to the date due as defined in your account profile. Products or services which constitute reoccurring fees, whether on a daily, weekly, monthly, or annual basis, are often charged to pertinent banking account information that is supplied by you, either during account signup or through your account profile, and is charged via an automated process. Should this automated process fail to charge your account as a result of any errors with your pertinent banking account information then you agree to be held responsible for paying Marketing Results via another medium, either by phone, mail, Pay Pal, or other medium, no later than 15 days after the failed attempt to charge your account. You will be notified via Email andor telephone if any such attempt fails. Marketing Results may initially charge a pro-rated fee for any products or services rendered under new accounts that are established, neither at the beginning nor at the ending of a billing period, but anywhere in between the billing period. Marketing Results reserves the right to engineer alternative terms of payment, with agreement from all payees involved, on a project to project basis, for any projects that require extensive development or resources resulting in fees or amounts due that are large enough to sustain a financial hardship, risk or are otherwise based on the progress of the project over a period of time. You agree that Marketing Results reserves the right to cancel andor terminate any accounts with a delinquency greater than 15 days. Marketing Results will not be responsible for the loss of any data associated with the termination of such accounts. Orders cannot be cancelled once placed and no refunds will be provided for cancelled orders.
LINKS TO OTHER SITES
Some of the web pages under the domain www.marketingresults.biz may have links to other websites. This disclaimer warrants that Marketing Results will not be held liable for any damages to your computer, hardware, software, or any other device used to access such links nor will Marketing Results be held liable for the content, or credibility of any content, of such links or domains thereof.
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