Terms of Use

The Marketing Technologies! Terms of Use

General

termsThis document sets out the terms and conditions on which Marketing Technologies! and its various divisions, websites, coaching programs and audio/video recordings (“Company”) is willing to license you to use our materials as described in this Terms of Use. By registering for the use of said software and materials, you are agreeing to be bound by these Terms of Use.

Intellectual Property Rights

Mick Young, Marketing Technologies!, all divisions of, website owned by, names of audio and/or video recordings and coaching programs, any other names attributed to, and all other related works are trademarks and servicemarks of Marketing Technologies! As such, all rights in such trademarks and servicemarks are reserved.

You acknowledge that all Intellectual Property Rights in this website, all coaching programs and associated software belong to the Company, and you shall have no rights in or to this website, all coaching programs and associated software, other than the right to use it in accordance with the terms of this license.

If you do not use this website, all coaching programs and associated software in accordance with these Terms of Use, and as a direct result of this, a third party brings a claim against us claiming that we are infringing their Intellectual Property Rights, you shall be responsible for any reasonable losses, damages, costs (including legal fees) and expenses incurred by or awarded against us as a result of, or in connection with, any such infringement claim.

If a third party brings a claim against you claiming that you are infringing their Intellectual Property Rights by your use of this website, all coaching programs and associated software, you must:

  • notifying us in writing, as soon as reasonably practicable, of any such claim;
  • not make any admission as to liability or compromise or agreeing to any settlement of any such claim without our prior written consent;
  • give us the conduct of, or the right to settle all negotiations and litigation arising from any such claim; and
  • give us all reasonable assistance in connection with those negotiations and such litigation.

The Intellectual Property Rights in any material which you create or modify (where the original content was created by you) on this website, any coaching programs and associated software (“Contributions”) shall be owned by you, but you shall upon creation of such Contribution, grant us a worldwide, royalty free, assignable, perpetual, non-exclusive license to use such Contributions for such purposes as storing this on our servers (or those of a third party supplier), moving such Contributions when necessary, verifying that such Contributions are not in breach of the terms of this license and/or our acceptable use policy and any other purpose that we reasonably feel will enhance your use of this website, all coaching programs and associated software.

All content, graphics, code, and software used on or incorporated into this Website, and the arrangement or integration of all such content, graphics, code, and software, is subject to copyright and other proprietary intellectual property rights held by Marketing Technologies! Marketing Technologies grants you permission to electronically download, copy, or print hard copies of pages from this Website solely for your personal, non-commercial purposes. You may not sell, publish, advertise, or otherwise distribute for commercial purposes any information or materials obtained from the Website. Any use of this Website or content or information contained herein other than for your own personal, non-commercial use is strictly prohibited, unless the written permission of Marketing Technologies! is first obtained.

Acceptable Use Policy

You may use this website, all coaching programs and associated software for lawful purposes only. You may not use, nor create or modify any content created by Marketing Technologies! on this website, any coaching programs and associated software:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause as discussed elsewhere in these Terms of Use;
  • to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

The following content standards apply to any and all Contributions made by you on this website, all coaching programs and associated software:

Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the US and in any country from which they are posted. Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
  • promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark of any other person;
  • be likely to deceive any person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
  • promote any illegal activity;
  • be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
  • be likely to harass, upset, embarrass, alarm or annoy any other person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • give the impression that they emanate from us, if this is not the case; or
  • advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You agree to indemnify us against all claims, damages, losses, costs or expenses (including reasonable professional fees) and any other liability which arises from your breach of this clause and for your breach of any other clause of these Terms of Use.

Restrictions On Use

You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorize any other party to) co-brand this site, frame this site, or hyper-link to this site, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Error Correction

Although Marketing Technologies! uses reasonable efforts to ensure otherwise, this Website may contain typographical errors or other inaccuracies and may not be complete or current. Marketing Technologies! therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information as required at any time.

Security

The Contribution made on this website, all coaching programs and associated software are held on secure third party servers with a copy of all material on such server being backed up once a week onto a separate server at a different location to the main server. We have taken reasonable precautions to ensure that we are using a third party server that is secure but we cannot guarantee complete security and we accept no liability for any loss, destruction or misuse of the Contributions or liability for any other matter (including without limitation periods of any downtime or inaccessibility of this website, all coaching programs and associated software) that is directly or indirectly caused by our third party server supplier.

You are responsible for the security of your password and other account information and we shall not in any circumstances be liable for any unauthorized use of your account. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including reasonable professional fees) and any other liability which arises from any unauthorized use of this website, all coaching programs and associated software through your account.

The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.

Force Majeure

We shall not be liable for any delay or non-performance of our obligations under this license arising from any cause beyond our control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion.

Confidentiality

You shall, during the term of this license and thereafter, keep confidential all (and shall not without our prior written consent disclose to any third party) information of a confidential nature (including, without limitation, trade secrets and information of commercial value) which may become known to you from us, unless such information is public knowledge or subsequently becomes public knowledge other than by breach of this license.

The provisions of this clause shall remain in full force and effect notwithstanding termination of this license for any reason.

Waiver

No forbearance or delay by either of us in enforcing our rights shall prejudice or restrict our rights and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.

Severability

If any provision of this license is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

Amendments

We may amend the terms and conditions of this license at any time by posting revised terms and conditions on our website. Subject to this, any amendment, waiver or variation of this license shall not be binding unless set out in writing, expressed to amend this license and signed by or on behalf of each of us.

Third Party Rights

No term of this license is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this license.

Hyper-Links

This site may be hyper-linked to other sites which are not maintained by, or related to, the Company. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by the Company of that site.

Submissions

You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to the Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  • You do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to this site.
  • Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive.
  • Seeks to exploit or harm children by exposing them to inappropriate content asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity.
  • Violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content.
  • Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site.
  • Solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
  • Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; includes MP3 format files; amounts to a ‘pyramid’ or similar scheme.
  • Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Although under no obligation to do so, the Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither the Company nor any third party that provides Content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission.

The Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Limitation On Liability

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $20 or the amount you have paid to the Company for the applicable content, product or service out of which liability arose.

Indemnity

You will indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Trademarks

Trademarks, service marks, and logos appearing in this site are the property of the Company or the party that provided the trademarks, service marks, and logos to the Company. The Company and any party that provided trademarks, service marks, and logos to the Company retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.

Termination

Either party may terminate this license at any time on written notice to the other if the other party:

  • is in material or persistent breach of any of the terms of this license and either that breach is incapable of remedy, or the other party fails to remedy that breach within 30 days after receiving written notice requiring it to remedy that breach; or
  • is unable to pay its debts, or becomes insolvent, or is subject to an order or a resolution for its liquidation, administration, winding-up or dissolution (otherwise than for the purposes of a solvent amalgamation or reconstruction), or has an administrative or other receiver, manager, trustee, liquidator, administrator or similar officer appointed over all or any substantial part of its assets, or enters into or proposes any composition or arrangement with its creditors generally, or is subject to any analogous event or proceeding in any applicable jurisdiction.

Termination by either party in accordance with the rights contained in this clause shall be without prejudice to any other rights or remedies of that party accrued prior to termination.

On termination for any reason:

  • all rights granted to you under this license shall cease;
  • you shall cease all activities authorized by this license; and
  • you shall immediately pay to us any sums due to us under this license.

Entire Agreement

This license, contains the whole agreement between the Company and you relating to the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Summary

IMPORTANT! These Terms of Use govern your use of this website, all coaching programs and associated software which is provided by the Company. By accessing this site, you are indicating your acknowledgment and acceptance of these Terms of Use. These Terms of Use are subject to change by the Company at any time in its sole discretion. Your use of this website, all coaching programs and associated software after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.

By accepting this agreement you waive and hold harmless the Company from any claims resulting from any action taken by the Company during, or as a result of, its investigations and/or from any actions taken as a consequence of investigations by either the Company or law enforcement authorities.

 

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