PROFESSIONAL MARKETING
WEB SITE TERMS AND CONDITIONS OF USE
LEGAL NOTICES – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
ANY ACCESS TO AND USE OF PROFESSIONAL MARKETING’S WEB SITE, INCLUDING ANY OF PROFESSIONAL MARKETING’S SERVICES, DRAWINGS OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE “SITE”) IS SUBJECT TO THE TERMS AND CONDITIONS OF USE AS SET FORTH IN THIS DOCUMENT AS THEY ARE AMENDED FROM TIME TO TIME BY PROFESSIONAL MARKETING (THE “TERMS”). BY ACCESSING, COPYING OR OTHERWISE USING THE SITE, YOU (“USER”) AGREE TO BE BOUND BY THE TERMS. PROFESSIONAL MARKETING MAY CHANGE THE TERMS FROM TIME TO TIME IN ITS SOLE DISCRETION, AND USER’S USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE USER’S AGREEMENT TO ABIDE BY THE TERMS AS CHANGED. IF USER DOES NOT AGREE TO THE TERMS, USER MAY NOT ACCESS OR USE THE SITE.
1. SITE USE GENERALLY.
1.1. Copyright. The Site design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions. The Site and its material may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without Professional Marketing’s prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties. The previous sentence does not apply to material contained in the sections of the Site titled “Manufacturer’s Directory,” “For Editors and Reporters,” and “For Retailers.” Except as expressly provided herein, Professional Marketing does not grant any express or implied right to User under any patents, copyrights, trademarks or trade secret information.
1.2. Trademarks. Unless otherwise indicated, all product and service marks and logos displayed on the Site are subject to the trademark rights of Professional Marketing or its licensors. The absence of a product or service name or logo from this list does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
1.3. Links to Other Materials. Linked sites are not under the control of Professional Marketing and Professional Marketing is not responsible for the content of any linked site or any link contained in a linked site. Professional Marketing reserves the right to terminate any link or linking program at any time. Professional Marketing provides such links only as a convenience to User. Professional Marketing has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links. If User decides to access any third party sites linked to this Site, User does so entirely at User’s own risk.
1.4. Minors; Territory. The Site is a business and commercial web site and shall not be accessed by persons under the age of 18. Professional Marketing operates this site from its office within the United States. Professional Marketing makes no representation that content and materials on this site are legal or appropriate for use from outside the United States. If User accesses this Site from outside the United States, it does so at its own risk. User may not use the Site in violation of United States export laws and regulations.
1.5. Subject Matter. Users are prohibited from displaying offensive or objectionable content on the Site. Professional Marketing will determine whether material is offensive or objectionable in its sole discretion. Offensive or objectionable material includes, but is not limited to:
- Expressions of racism, hatred, prejudice, bigotry, or profanity
- Exploitation of children or adults of any age
- Instructions about illegal activities
- Promotion of physical harm or injury against any group or individual
2. REGISTRATION.
2.1. General. Registration is not required to visit the Site. However, certain features and services of the Site require registration. To register, User will be required to provide certain personal information to Professional Marketing. User’s personal information will be used and protected in accordance with Professional Marketing’s then-current Privacy Policy. Submission of false or misleading information may result in termination of User’s account and access to the Site.
2.2. Termination. Failure to comply with the Terms, Professional Marketing may terminate any free listing of User’s personal information, in addition to User’s general access to the Site, at any time in its sole discretion for any or no reason. Professional Marketing shall not be liable to User or any third party for any termination of User’s access to the Site.
3. DISCLAIMER OF WARRANTIES.
3.1. General. PROFESSIONAL MARKETING MAKES NO REPRESENTATIONS OR WARRANTIES THAT (i) THE SITE WILL MEET USER’S REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SITE WILL MEET ITS EXPECTATIONS. PROFESSIONAL MARKETING UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE SITE.
3.2. No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO USER “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. USER’S USE OF THE SITE IS AT ITS SOLE RISK. PROFESSIONAL MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. THE ENTIRE RISK ARISING OUT OF USE OF THE SITE REMAINS WITH USER. PROFESSIONAL MARKETING MAKES NO COMMITMENT TO UPDATE THE SITE.
4. LIMITATION OF LIABILITY AND REMEDIES.
4.1. Exclusion. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROFESSIONAL MARKETING BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF PROFESSIONAL MARKETING KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF USER IS DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
4.2. Indemnification. User agrees to defend, indemnify and hold Professional Marketing harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which Professional Marketing may hereafter incur, become responsible for or pay out arising out of User’s use of the Site or User’s breach of any term or provision of this Agreement.
5. GENERAL TERMS.
5.1. Modification.Professional Marketing reserves the right at any time and at its sole discretion to change the terms, conditions, and notices under which the Site is offered, including but not limited to the charges associated with the use of the Site. Professional Marketing may revise the Terms at any time by updating this posting. User should visit this page from time to time to review the then-current Terms because they are binding on User. Certain provisions of the Terms may be superseded by expressly designated legal notices given to the User or terms located on particular pages at the Site. Professional Marketing also reserves the right at any time and at its sole discretion to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. User agrees that Professional Marketing shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Site.
5.2. Jurisdiction. The Terms shall be governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles. Professional Marketing and User agree that all disputes and litigation regarding the Terms, the Site, and matters connected with its performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Grand Rapids, Michigan. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.
5.3. Equitable Relief. User recognizes and acknowledges that a breach by User of any of its obligations under the Terms will cause Professional Marketing irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by User, including any action by User that could cause some loss or dilution of Professional Marketing’s goodwill, reputation, or rights in the Site, Professional Marketing shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.
5.4. Entire Agreement. The Terms embody the entire agreement and understanding between Professional Marketing and User with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms.
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