Terms and Conditions

Applicability

The following terms and conditions apply to all websites and social media profiles that are owned, operated, and maintained by or for Advanced Marketing Concepts, Ltd. d/b/a MarketSharp (“MarketSharp”) including (1) mkts.wpengine.com, and other MarketSharp websites on which these terms and conditions are linked and (2) the social media accounts and/or pages that we control. If you have entered into a Subscription Agreement with MarketSharp, such Subscription Agreement controls in lieu of these terms and conditions with regard to your use of the Services (as defined in the Subscription Agreement). MarketSharp websites, applications and social media accounts are collectively referred to in these terms and conditions as the “Site”.

General Provisions

THESE TERMS AND CONDITIONS TOGETHER WITH THE PRIVACY POLICY (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS GOVERNING YOUR USE OF THIS SITE.

By entering this Site, you acknowledge and agree to all terms, conditions, and rules stated in these Terms.  You are not permitted to use this Site if you do not agree to be legally bound by these Terms.  Please read these Terms carefully.

We may, in our sole discretion, modify these Terms from time to time and we reserve the right to make changes at any time, without notice or obligation, to any of the content and information contained on this Site. By entering this Site you acknowledge and agree that you shall be bound by any such revisions. You agree to review these Terms each time you visit the Site.

 Jurisdiction and Governing Law

MarketSharp makes no representations that the information and materials contained within this Site are appropriate for locations outside the United States. By entering this Site you acknowledge and agree that, unless otherwise expressly stated, this Site is intended for use within the United States only and will only be governed according to the laws of the State of Wisconsin, without regard to conflicts of laws principles.  If you use this Site from other locations you are responsible for compliance with any and all applicable local laws.

 Disclaimer of Warranties

This Site, and all information and materials contained herein, is provided to you on an “AS IS” and “AS AVAILABLE” basis, and AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.  Although MarketSharp strives to maintain up-to-date information on this Site, accuracy cannot be guaranteed.

WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES REGARDING SECURITY, CURRENCY, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINESS, OR CONTINUED AVAILABILITY WITH RESPECT TO THIS SITE.

We expressly disclaim, to the fullest extent permitted by applicable law, any warranties with respect to any downtime, delays or errors in the transmission or delivery of any information, materials, or services through the Site.  To the extent any jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply.

General Product and Services Information

This Site provides information, including, but not limited to, basic company information and general information regarding the services offered by MarketSharp, for informational purposes only and does not constitute an offer to sell a specific product or service to you.

MarketSharp’s Intellectual Property

MarketSharp will aggressively enforce its intellectual property rights to the full extent of the law.  All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly thereof, and the overall “look and feel” and distinctiveness of the Site constitute trade dress and are either the property of MarketSharp or used on this Site with permission. The absence on the Site of our name or logo does not constitute a waiver of our trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols appearing on the Site may be the trademarks and the property of their respective owners.

You acknowledge and agree that information and services available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and are owned or licensed by MarketSharp. Except as expressly authorized by MarketSharp, either in these Terms or elsewhere, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the Site, information, or services. Without waiving any of the foregoing rights, you may print or download information from the Site for your own personal, non-commercial home use, provided that you keep intact all copyright and other proprietary notices. Systematic retrieval of information or services from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from MarketSharp is prohibited.

General Submissions

You agree that you will not post on this Site, or transmit to this Site, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful or other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that MarketSharp or other parties involved in creating, producing, or delivering this Site, may monitor or review transmissions, postings, discussions, or chats, MarketSharp and all parties involved in creating, producing, or delivering this Site, assume no responsibility or liability that may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.  By entering this Site you acknowledge and agree that any communication or material you transmit to this site or MarketSharp in any manner and for any reason, is subject to review and removal, and will not be treated as confidential and/or proprietary to you, unless otherwise expressly stated in a particular area of this Site or in our Privacy Policy. Furthermore, you acknowledge and agree that any ideas, concepts, techniques, procedures, methods, systems, designs, plans, charts, or other materials you transmit to MarketSharp may be used by MarketSharp anywhere, anytime, and for any reason whatsoever.

You further agree that submitting anything to MarketSharp grants MarketSharp and its agents an unlimited worldwide perpetual license and right to publish and use the submission in any way, in any and all media, without limitation, and without consideration to you.

Consent for Marketing Communications

If you submit or provide your phone number to MarketSharp, you give MarketSharp permission to call or text you at such phone number with marketing communications sent via an automated dialer or using a prerecorded message. Your consent is not required as a condition of contracting for services from MarketSharp.

Consent for Non-Marketing Communications

If you submit or provide your phone number to MarketSharp, you give MarketSharp permission to call or text you at such phone number with informational and/or non-marketing communications (e.g. collections calls) sent via an automated dialer or using a prerecorded message.

Digital Millennium Copyright Act Notice

If you believe that any material on this Site, including MarketSharp and user provided material, infringes your copyright rights, please contact MarketSharp’s designated agent for Digital Millennium Copyright Act notices at:

MarketSharp
505 King Street, Ste. 124, La Crosse, WI 54601

Phone number: 608-779-5165 or 800-335-4254

Email Address: [email protected]

In your notice, please include:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you claim to have been infringed, or, if there are multiple copyrighted works, a list of such works;
  • Identification of the material that you claim to be infringing, and where the material is located on the Site;
  • Your address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you or the law; and
  • A statement, under penalty of perjury, that the information in your notice is accurate.

If the notice is submitted by someone else on your behalf, the notice must also contain a statement that, under penalty of perjury, the person submitting the notice is authorized to act on your behalf.

Limitation of Liability

By using this Site you agree that, to the fullest extent permitted under applicable law, none of the parties involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses or any kind which may arise, directly or indirectly, through the access to, use of, implementation of, or browsing of this Site or through your downloading of any materials, data, text, images, video or audio from this Site, including but not limited to anything caused by any viruses, bugs, or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.

Dispute Resolution

Any controversy, claim or dispute arising out of or related to the Terms, the Site, the services provided by MarketSharp or the parties’ relationship (except as otherwise agreed by written contract executed by both parties), including, but not limited to, alleged violations of state or federal statutory or common law rights or duties shall be fully and finally resolved by submission at MarketSharp’s sole option to: (a) the Circuit Court for La Crosse County, State of Wisconsin; (b) the United States District Court for the Western District of Wisconsin; or (c) arbitration conducted in accordance with the rules of the National Arbitration Forum, under the Code of Procedure then in effect.

In the event MarketSharp chooses to resolve such disputes by the Circuit Court for La Crosse County, State of Wisconsin, or the United States District Court for the Western District of Wisconsin, the parties hereby irrevocably consent to submit themselves exclusively to the in personal jurisdiction of said court. The parties hereby waive and relinquish any defense to such litigation based on improper venue or lack of jurisdiction. Any court having jurisdiction over the parties pursuant to this Section shall retain jurisdiction to enforce the execution of any final or interlocutory judgment or decree rendered, or settlement agreement entered into, between the parties in connection with such dispute.

In the event MarketSharp chooses to resolve such disputes by arbitration, such arbitration proceedings shall be conducted in La Crosse, Wisconsin. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of The Forum or at P.O. Box 50191, Minneapolis, Minnesota 55405. This Section shall be interpreted under the Federal Arbitration Act. Allocation of the costs of arbitration shall be an issue to be fully and finally resolved by the arbitration. Any award of the arbitrator shall be final and binding upon the parties and enforceable in any court having jurisdiction.

Indemnity

You agree to defend, indemnify, and hold MarketSharp, our parent, affiliates, subsidiaries, joint ventures, third-party service providers, employees, contractors, agents, officers, and directors harmless from any and all liability, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to your violation of these Terms or use of the Site.

Links

This Site may contain links to or be accessed through links that are owned and operated by independent third-parties to which these Terms do not apply.  We provide links as a convenience and the inclusion of the link does not imply that MarketSharp endorses or accepts any responsibility for the content on those sites.  MarketSharp is not responsible for content on or the availability, operation or performance of any other sites to which this Site may be linked or from which this Site may be accessed.  Further, MarketSharp is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein.  Your linking to any other off-site pages or other sites is at your own risk.  We recommend that you review any terms of use statement and privacy policy before using any other linked site.

Contact Information

MarketSharp
505 King Street, Ste. 124
La Crosse, WI 54601

Telephone: 608-779-5165 or 800-335-4254

Email: [email protected]

LAST UPDATED: July 17, 2017