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Terms of Use

 
1. Your relationship with MarketEASE

 
    1.1
Your use of MarketEASE offline and online services including but not
limited to web site (referred to collectively as the “Services” in this
document and excluding any services provided to you by MarketEASE under
a separate written agreement) is subject to the terms of a legal
agreement between you and MarketEASE. “MarketEASE” means MarketEASE
LLC., whose principal place of business is in Sewell New Jersey, Gloucester County, United States. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

 
    1.2
Unless otherwise agreed in writing with MarketEASE, your agreement with
MarketEASE will always include, at a minimum, the terms and conditions
set out in this document. These are referred to below as the “Universal
Terms”.

 
    1.3
Your agreement with MarketEASE will also include the terms of any Legal
Notices applicable to the Services, in addition to the Universal Terms.
All of these are referred to below as the “Additional Terms”. Where
Additional Terms apply to a Service, these will be accessible for you
to read either within, or through your use of, that Service.

 
    1.4
The Universal Terms, together with the Additional Terms, form a legally
binding agreement between you and MarketEASE in relation to your use of
the Services. It is important that you take the time to read them
carefully. Collectively, this legal agreement is referred to below as
the “Terms”.

 
    1.5
If there is any contradiction between what the Additional Terms say and
what the Universal Terms say, then the Additional Terms shall take
precedence in relation to that Service.

 
2. Accepting the Terms

 
    2.1
In order to use the Services, you must first agree to the Terms. You
may not use the Services if you do not accept the Terms.

 
    2.2 You can accept the Terms by:
 
        (A) clicking to accept or agree to the Terms, where this option is made
available to you by MarketEASE in the user interface for any Service; or

 
        (B) by actually using the Services. In this case, you understand and agree
that MarketEASE will treat your use of the Services as acceptance of
the Terms from that point onwards.

 
    2.3
You may not use the Services and may not accept the Terms if (a) you
are not of legal age to form a binding contract with MarketEASE, or (b)
you are a person barred from receiving the Services under the laws of
the United States or other countries including the country in which you
are resident or from which you use the Services.

 
    2.4
Before you continue, you should print off or save a local copy of the Universal Terms for your records.

 
3. Provision of the Services by MarketEASE

 
    3.1
MarketEASE is constantly innovating in order to provide the best
possible experience for its users. You acknowledge and agree that the
form and nature of the Services which MarketEASE provides may change
from time to time without prior notice to you.

 
    3.2
As part of this continuing innovation, you acknowledge and agree that
MarketEASE may stop (permanently or temporarily) providing the Services
(or any features within the Services) to you or to users generally at
MarketEASE’s sole discretion, without prior notice to you. You may stop
using the Services at any time by utilizing the provided mechanisms to
cancel your MarketEASE account.
 
    3.3
You acknowledge and agree that if MarketEASE disables access to your
account, you may be prevented from accessing the Services, your account
details or any files or other content which is contained in your
account.

 
    3.4
You acknowledge and agree that while MarketEASE may not currently have
set a fixed upper limit on the number of transmissions you may send or
receive through the Services or on the amount of storage space used for
the provision of any Service, such fixed upper limits may be set by
MarketEASE at any time, at MarketEASE’s discretion.

 
4. Use of the Services by you

 
    4.1
In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details)
as part of the registration process for the Service, or as part of your
continued use of the Services. You agree that any registration
information you give to MarketEASE will always be accurate, correct and
up to date.

 
    4.2
You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and
from the United States or other relevant countries).

 
    4.3
You agree not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by
MarketEASE, unless you have been specifically allowed to do so in a
separate agreement with MarketEASE. You specifically agree not to
access (or attempt to access) any of the Services through any automated
means (including use of scripts or web crawlers).
 
    4.4
You agree that you will not engage in any activity that interferes with
or disrupts the Services (or the servers and networks which are
connected to the Services).

 
    4.5
Unless you have been specifically permitted to do so in a separate
agreement with MarketEASE, you agree that you will not reproduce,
duplicate, copy, sell, trade or resell the Services for any purpose.

 
    4.6
You agree that you are solely responsible for (and that MarketEASE has
no responsibility to you or to any third party for) any breach of your
obligations under the Terms and for the consequences (including any
loss or damage which MarketEASE may suffer) of any such breach.

 
5. Your passwords and account security

 
    5.1
You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to
access the Services.

 
    5.2
Accordingly, you agree that you will be solely responsible to MarketEASE for all activities that occur under your account.

 
    5.3
If you become aware of any unauthorized use of your password or of your
account, you agree to notify MarketEASE immediately at 888-855-7901.
 

6. Privacy and your personal information

 
    6.1 For information about MarketEASE’s data protection practices, please read MarketEASE’s privacy policy by Clicking Here This policy explains how MarketEASE treats your personal information, and protects your privacy, when you use the Services.

 
    6.2 You agree to the use of your data in accordance with MarketEASE’s privacy policies.

 
7. Content in the Services

 
    7.1
You understand that all information (such as data files, written text,
computer software, music, audio files or other sounds, photographs,
videos or other images) which you may have access to as part of, or
through your use of, the Services are the sole responsibility of the
person from which such content originated. All such information is
referred to below as the “Content”.

 
    7.2
You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services
and sponsored Content within the Services may be protected by
intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to MarketEASE (or by other persons
or companies on their behalf). You may not modify, rent, lease, loan,
sell, distribute or create derivative works based on this Content
(either in whole or in part) unless you have been specifically told
that you may do so by MarketEASE or by the owners of that Content, in a
separate agreement.

 
    7.3
MarketEASE reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service. For some of the Services, MarketEASE may
provide tools to filter out explicit sexual content. In addition, there
are commercially available services and software to limit access to
material that you may find objectionable.

 
    7.4
You agree that you are solely responsible for (and that MarketEASE has
no responsibility to you or to any third party for) any Content that
you create, transmit or display while using the Services and for the
consequences of your actions (including any loss or damage which
MarketEASE may suffer) by doing so.

 
8. Proprietary rights

 
    8.1
You acknowledge and agree that MarketEASE owns all legal right, title
and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those rights
may exist). You further acknowledge that the Services may contain
information which is designated confidential by MarketEASE and that you
shall not disclose such information without MarketEASE’s prior written
consent.

 
    8.2
Unless you have agreed otherwise in writing with MarketEASE, nothing in
the Terms gives you a right to use any of MarketEASE’s trade names,
trade marks, service marks, logos, domain names, and other distinctive
brand features.

 
    8.3
If you have been given an explicit right to use any of these brand
features in a separate written agreement with MarketEASE, then you
agree that your use of such features shall be in compliance with that
agreement, any applicable provisions of the Terms, and MarketEASE's
brand feature use guidelines as updated from time to time.

 
    8.4
Other than the limited license set forth in Section 11, MarketEASE
acknowledges and agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or to any Content
that you submit, post, transmit or display on, or through, the
Services, including any intellectual property rights which subsist in
that Content (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). Unless you have agreed
otherwise in writing with MarketEASE, you agree that you are
responsible for protecting and enforcing those rights and that
MarketEASE has no obligation to do so on your behalf.

 
    8.5
You agree that you shall not remove, obscure, or alter any proprietary
rights notices (including copyright and trade mark notices) which may
be affixed to or contained within the Services.

 
    8.6
Unless you have been expressly authorized to do so in writing by
MarketEASE, you agree that in using the Services, you will not use any
trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.

 
9. License from MarketEASE

 
    9.1
You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise
attempt to extract the source code of the Software or any part thereof,
unless this is expressly permitted or required by law, or unless you
have been specifically told that you may do so by MarketEASE, in
writing.

 
    9.2
Unless MarketEASE has given you specific written permission to do so,
you may not assign (or grant a sub-licence of) your rights to use the
Software, grant a security interest in or over your rights to use the
Software, or otherwise transfer any part of your rights to use the
Software.

 
10. Content license from you

 
    10.1
You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give MarketEASE a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
licence to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you submit,
post or display on or through, the Services. This licence is for the
sole purpose of enabling MarketEASE to display, distribute and promote
the Services and may be revoked for certain Services as defined in the
Additional Terms of those Services.

 
    10.2
You agree that this license includes a right for MarketEASE to make
such Content available to other companies, organizations or individuals
with whom MarketEASE has relationships for the provision of syndicated
services, and to use such Content in connection with the provision of
those services.

 
    10.3
You understand that MarketEASE, in performing the required technical
steps to provide the Services to our users, may (a) transmit or
distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this
license shall permit MarketEASE to take these actions.

 
    10.4
You confirm and warrant to MarketEASE that you have all the rights,
power and authority necessary to grant the above license.

 
11. Software updates

 
    11.1
MarketEASE may automatically download and install updates from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit MarketEASE to deliver these to you) as part of your use of the Services.

 
12. Ending your relationship with MarketEASE

 
    12.1
The Terms will continue to apply until terminated by either you or MarketEASE as set out below.

 
    12.2
If you want to terminate your legal agreement with MarketEASE, you may do so by (a) notifying MarketEASE at any time.  Your notice should be sent, in writing, or electronically, utilizing the methods identified by MarketEASE, which is set out at the beginning of these Terms.

 
    12.3
MarketEASE may at any time, terminate its legal agreement with you if:
 
        (A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

 
        (B) MarketEASE is required to do so by law (for example, where the
provision of the Services to you is, or becomes, unlawful); or

 
        (C) the partner with whom MarketEASE offered the Services to you has
terminated its relationship with MarketEASE or ceased to offer the
Services to you; or

 
        (D) MarketEASE is transitioning to no longer providing the Services to
users in the country in which you are resident or from which you use
the service; or

 
        (E) the provision of the Services to you by MarketEASE is, in MarketEASE’s opinion, no longer commercially viable.

 
    12.4
Nothing in this Section shall affect MarketEASE’s rights regarding provision of Services under Section 4 of the Terms.

 
    12.5
When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and MarketEASE have benefited from, been
subject to (or which have accrued over time whilst the Terms have been
in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of the appropriate
paragraph shall continue to apply to such rights, obligations and
liabilities indefinitely.

 
13. EXCLUSION OF WARRANTIES

 
    13.1
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT MarketEASE’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 
    13.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS
AVAILABLE.”

 
    13.3 IN PARTICULAR, MarketEASE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

 
        (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

 
        (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

 
        (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

 
        (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

 
    13.4
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 
    13.5
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MarketEASE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 
    13.6
MarketEASE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 
14. LIMITATION OF LIABILITY

 
    14.1
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT MarketEASE, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

 
        (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

 
        (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

 
            (I)
ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

 
            (II)
ANY CHANGES WHICH MarketEASE MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

 
            (III)
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND
OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

 
            (III) YOUR FAILURE TO PROVIDE MarketEASE WITH ACCURATE ACCOUNT INFORMATION;

 
            (IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

 
    14.2
THE LIMITATIONS ON MarketEASE's LIABILITY TO YOU IN PARAGRAPH 15.1
ABOVE SHALL APPLY WHETHER OR NOT MarketEASE HAS BEEN ADVISED OF OR
SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

 
15. Copyright and trade mark policies

 
    15.1
It is MarketEASE’s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual
property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.

 
   
16. Advertisements

 
    16.1
Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be
targeted to the content of information stored on the Services, queries
made through the Services or other information.

 
    16.2
The manner, mode and extent of advertising by MarketEASE on the
Services are subject to change without specific notice to you.

 
    16.3
In consideration for MarketEASE granting you access to and use of the
Services, you agree that MarketEASE may place such advertising on the
Services.

 
17. Other content

 
    17.1
The Services may include hyperlinks to other web sites or content or
resources. MarketEASE may have no control over any web sites or
resources which are provided by companies or persons other than
MarketEASE.

 
    17.2
You acknowledge and agree that MarketEASE is not responsible for the
availability of any such external sites or resources, and does not
endorse any advertising, products or other materials on or available
from such web sites or resources.

 
    17.3
You acknowledge and agree that MarketEASE is not liable for any loss or
damage which may be incurred by you as a result of the availability of
those external sites or resources, or as a result of any reliance
placed by you on the completeness, accuracy or existence of any
advertising, products or other materials on, or available from, such
web sites or resources.

 
18. Changes to the Terms

 
    18.1
MarketEASE may make changes to the Universal Terms or Additional Terms
from time to time. When these changes are made, MarketEASE will make a
new copy of the Universal Terms available and any new Additional Terms
will be made available to you from within, or through, the affected
Services.

 
    18.2
You understand and agree that if you use the Services after the date on
which the Universal Terms or Additional Terms have changed, MarketEASE
will treat your use as acceptance of the updated Universal Terms or
Additional Terms.

 
19. General legal terms

 
    19.1
Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece of
software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be
subject to separate terms between you and the company or person
concerned. If so, the Terms do not affect your legal relationship with
these other companies or individuals.

 
    19.2
The Terms constitute the whole legal agreement between you and
MarketEASE and govern your use of the Services (but excluding any
services which MarketEASE may provide to you under a separate written
agreement), and completely replace any prior agreements between you and
MarketEASE in relation to the Services.

 
    19.3
You agree that MarketEASE may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings on
the Services.

 
    19.4
You agree that if MarketEASE does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which MarketEASE
has the benefit of under any applicable law), this will not be taken to
be a formal waiver of MarketEASE’s rights and that those rights or
remedies will still be available to MarketEASE.

 
    19.5
If any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that provision
will be removed from the Terms without affecting the rest of the Terms.
The remaining provisions of the Terms will continue to be valid and
enforceable.

 
    19.6 The Terms, and your relationship with MarketEASE under the Terms, shall be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions. You and MarketEASE agree to submit to the exclusive jurisdiction of the courts located within the county of Gloucester County, New Jersey to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that MarketEASE shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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