About The Marketing Co-op: Legal / Disclaimers

The Marketing Co-Op, LLC stands by its legal policies and disclaimers.

Your Use of our Site
The Marketing Co-Op, LLC hereby grants you a limited license to use the materials, features, and services provided by us on our Site (collectively the “Materials”) solely for your use, subject to these terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. Framing of the Site or Site Materials or posting of Materials on other Web Sites is strictly prohibited.

The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by The Marketing Co-Op, Inc. or other third-parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of The Marketing Co-Op, LLC or any third-party.

Copyright Information: All of the Material available on this Site is
copyright ©2003-2004, The Marketing Co-Op, LLC, or used under license. The
Marketing Co-Op, LLC currently utilizes copyrighted materials from other
individuals.

Acceptable Use Policy
The Marketing Co-Op, LLC has adopted the following Acceptable Use Policy in order to assure that its electronic messages are used in a lawful and appropriate manner. While we do not restrict the content of your message, we reserve the right to investigate reports of misuse of our service and to protect our property and assets. The following conduct is prohibited on our service:

sending harassing, abusive, or threatening messages;
sending obscene or pornographic messages or images;
sending defamatory or libelous messages;
sending viruses or other harmful, disruptive, or destructive files;
attempting to steal passwords or credit card information;
sending messages in furtherance of unlawful, criminal, or fraudulent activity; or
attempting to conceal or misrepresent the identity of the sender.

Violations of The Marketing Co-Op. LLC’s Acceptable Use Policy will not be tolerated and may result in the termination without compensation or refund of your account. THE MARKETING CO-OP, LLC RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD-PARTIES, INCLUDING THE MESSAGE RECIPIENTS, THEIR COUNSEL AND/OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION INCLUDING BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIES NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE MARKETING CO-OP, LLC TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING OUR SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Policy Regarding Links and Adult/Offensive Content
The Marketing Co-Op LLC features on its Site, or in its e-mail communications to you, links to third-party web sites. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES WHICH ARE NOT AFFILIATED IN ANY WAY WITH THE MARKETING CO-OP, LLC. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. THE MARKETING CO-OP, LLC WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY OF OUR RECOMMENDED LINKS. YOU ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

There may be circumstances where access to this Site is provided by a link at another Web site. The Marketing Co-Op, LLC does not make any representations or give any warranties with respect to any information contained in or at these other sites and The Marketing Co-Op, LLC shall not be liable for any damages or injury arising from the content of these other sites. The Marketing Co-Op, LLC does not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

Children
We do not intend to either solicit or collect personal information from anyone under the age of 18. If you are under 18, you should not use or enter information on this website.

Creating Your Own Greetings and Photos and/or Images
The Marketing Co-Op, LLC allows you to create your own messages by uploading your own photos, artwork, logos and other materials. If You do so, you are subject to the conditions outlined in these Terms. When you upload photos, logos and/or images to the Site you are indicating that you own the photo, logos and/or image and/or have full rights to its use.

When you upload material to the Site and use it to create a message, your material will be used for the transmission of your digital message; however, we may also use such material in the course of performing testing, training, and/or archiving of our system and we hereby expressly reserve the right to do so.

Out-going Message
Please check your out going message for typographical, spelling or grammatical errors. The Marketing Co-Op, LLC is not responsible for any errors contained in Your out going message to Your database. Any resulting damages that result from an error made by You in Your out going message are not the responsibility of The Marketing Co-Op, LLC.

Data Recovery
Although the Marketing Co-Op LLC will take great effort to insure the safety and retrievability of Your database, situations may occur where Your database becomes unavailable, is lost and/or destroyed. The Marketing Co-Op, LLC shall not be responsible for any damages, of any kind, which results from this situation.

Link for Adding Contacts To Your Marketing Co-op Database From Your Website(s)
You are welcome to provide a link to our site on your Web site(s) allowing your visitors to add their name and contact information to your existing database with The Marketing Co-Op. To assist you in creating such links, we have made available to you on our site the appropriate HTML code and graphic images (“Materials”) to facilitate accurate processing of your visitor’s information. We grant you a nonexclusive, revocable right to use the Materials solely to create and maintain links to The Marketing Co-Op to add additional contacts to your database.

If you choose to use one of the graphic link images provided on our site, you may not modify the graphic images, or any other of our images, in any way, without the written consent of The Marketing Co-op. Although you may use a text link accompanied by the provided HTML code to The Marketing Co-Op on your Web site, you may not use a graphic image or image related text other than that which we provide. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights.
You will be solely responsible for the development, operation, and maintenance of your Web site and for all materials that appear on your Web site and for the information you supply to your visitors to be used to link to The Marketing Co-Op site and your Marketing Co-op database. We will not be responsible for any inaccuracies that occur as a result of your failure to copy or publish our link appropriately which may cause your visitors to link to any other site other than The Marketing Co-Op site. We will not be responsible for any information or methodology used by your visitors to input data into your data base which may corrupt, cause damage to or loss of information from your data base. You will hold us and our affiliates harmless from all claims, damages and expenses (including, without limitation, attorney’s fees) related to your Web sites that contain links relating to The Marketing Co-Op service; you data base which is maintained by The Marketing Co-Op as well as any claim that results from the use by your guests of our link. As always, although we strive to provide you with the utmost of quality and care to your database and its contents, situations occur where data can be corrupted and lost. We continue to recommend that you always back up your data at least monthly to ensure that any lost data can be retrieved.

We reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third-parties. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including without limitation, user contact details, transaction data, IP addressing and traffic information, usage history and posted content.

The Marketing Co-Op makes no express or implied warranties or representations with respect to the link and we do not make any representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

NONE OF MARKETING CO-OP’S OFFICERS, EMPLOYEES, REPRESENTATIVES OR ITS AFFILIATES WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY LOSS OF REVENUE, PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Any disputes relating in any way to your use of our link shall be submitted in accordance with our Terms and Conditions. We invite your review of The Marketing Co-Op’s Terms and Conditions as they are updated on a continuing basis.

Contests
From time to time, The Marketing Co-Op, LLC may sponsor contests and sweepstakes on its Web Site. Participation in such contests is entirely voluntary. The Marketing Co-Op, LLC does not condition access to any goods or services it offers on participation in any contest. If You elect to enter any such contest, Your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms of Service. You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of The Marketing Co-Op, LLC and you hereby consent to receive special promotions and offers from The Marketing Co-Op, LLC consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give The Marketing Co-Op, LLC permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote The Marketing Co-Op, LLC, its products and services, and no additional consideration shall be paid for such rights.

HTML-Formatted Email and Newsletter
The services provided by The Marketing Co-Op, LLC are built upon HTML-based email programing. The contacts on your database may have computer systems or email software that are not able to properly view this programing or may contain a filter or program situation which may not permit the images to be accessible. The Marketing Co-Op, LLC shall not be responsible for any resulting damages due to your or your contacts inability to access its products and services.

Warranty Restriction; Limitation of Liability
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS(INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT.

THE MARKETING CO-OP, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF THE MARKETING CO-OP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT THE MARKETING CO-OP, LLC’S AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT TO THIS AGREEMENT.

THE MARKETING CO-OP, LLC DOES NOT TAKE ANY RESPONSIBILITY OR ASSUME ANY LIABILITY FOR ANY CONTENT UPLOADED, DOWNLOADED (INCLUDING YOUR CLIENT’S DATABASE OR OTHER STORED DATA) OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD-PARTY, OR FOR ANY MISTAKES, LOSS OF INFORMATION, DATABASE CORRUPTION, DATABASE DESTRUCTION, DEFAMATION, SLANDER, LIBEL, OMISSION, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS THE MARKETING CO-OP, LLC FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

Indemnification
You hereby indemnify, defend and hold harmless The Marketing Co-Op, LLC , and all officers, directors, owners, agents, content providers, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. The Marketing Co-Op, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

International Use
The Marketing Co-Op, LLC does not make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local law.

Governing Law
This agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of New Jersey. Any dispute arising between You and The Marketing Co-Op, Inc. will be submitted to binding arbitration in Newark, New Jersey in accordance with the American Arbitration Association’s standard rules then in effect for arbitration of commercial disputes.

Questions or Concerns
If at any time you believe that The Marketing Co-Op, LLC has not followed the above policy, please let us know by sending an email to contact@themarketingcoop.com. We will make reasonable efforts to identify and correct any problem.

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