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Terms of Use

Effective: February 25, 2021

The http://marketplacebranding.com Site is owned and operated by MarketPlace Innovations, LLC, a Missouri limited liability company (“Marketplace”). These Terms of Use (“Terms of Use” or “Agreement”) are intended to make you aware of the terms and conditions of your use of the http://marketplacebranding.com Site, any Content (as defined herein), or other products or services that are offered or provided by Marketplace (collectively, the “Site”).

The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Marketplace, including through a registration process or other means. In the event of a conflict between the Terms of Use and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.

Marketplace reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time. BY USING OR OTHERWISE ACCESSING THE SITE, POSTING OR DOWNLOADING CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE SITE, YOU HEREBY AGREE TO, AND SHALL BE SUBJECT TO, THESE TERMS OF USE. IF YOU DO NOT UNEQUIVOCALLY AGREE, YOU MAY NOT USE OR OTHERWISE ACCESS THE SITE, POST OR DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE SITE.

General Terms of Use and Restrictions on Use


Marketplace hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Site solely for your own personal, non-commercial purposes. All rights not otherwise expressly granted by these Terms of Use are reserved by Marketplace. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Site. You may not obscure or remove any proprietary rights notices contained in or on the Content. Marketplace may discontinue or alter any aspect of the Site, remove Content from the Site, restrict the time the Site is available or restrict the amount of use permitted at Marketplace’s sole discretion and without prior notice or liability. You further agree that such measures shall be taken in Marketplace’s sole discretion and without liability to you or any third party.

Unless otherwise specifically noted in these Terms of Use or on the Site, images, trademarks, service marks, logos and icons displayed on the Site are the property of Marketplace and/or its licensors and may not be used without Marketplace’s prior written consent. Any unauthorized use of any Content, whether owned by Marketplace or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the intellectual property found in the Site or any part thereof or grant any other person or entity the right or access to do so.

Content


You acknowledge that the Site may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by Marketplace or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.


As a service to our users, we may provide information about other resources that may be of interest. However, we are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources, and the presentation of third-party links or content by Marketplace is not intended to be an endorsement, sponsorship or recommendation by Marketplace. Please be aware that when you exit the Site, you are subject to the policies of the new Site. You further acknowledge and agree that Marketplace shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or Service available on or through any third-party site or resource.

The Site contains links to third party websites and advertising (“External Sites”). These links are provided only as a convenience to you and not as an endorsement by us of any of the content on such External Sites. We do not control the External Sites and are not responsible for any of their content. You should take precautions when downloading files from External Sites to protect your computer from viruses and other destructive programs. If you decide to access any External Sites, you do so at your own risk. You should contact the site administrator or webmaster for these External Sites with any questions or concerns you have regarding their content, terms of use, or privacy policies.

MarketPlace’s Privacy Policy


Marketplace collects, stores and uses data collected from you in accordance with Marketplace’s Privacy Policy. The terms and conditions of the Privacy Policy are hereby expressly incorporated into these Terms of Use.

Marketplace may disclose information to trusted affiliates, independent contractors and partners who will use the information for certain business purposes deemed to be aligned with our goals and business objectives. In addition, the Marketplace may transfer information collected from users in connection with a sale or restructuring of Marketplace.

User Representations


You hereby represent and warrant to Marketplace that you (i) are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under this Agreement; (ii) all information provided by you to Marketplace is truthful, accurate and complete; and (iii) you will comply with the terms and conditions of these Terms of Use and any other agreement to which you are subject that is related to your use of the Site or any part thereof.

Prohibited Uses


You agree not to: (a) use the Site to post material or information that, is or to a reasonable person may be unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable; (b) use the Site to post content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Site to interfere, disrupt or attempt to gain unauthorized access to any other computer network; (d) use the Site to post viruses, trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use the Site to post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; or (f) use the Site to engage in any activity that, as determined by Marketplace, may intentionally or unintentionally violate these Terms of Use, violate any applicable laws or regulations or conflict with the spirit or intent of these Terms of Use.

Mobile Devices


Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Site on your mobile, handheld device (“Mobile Device”). You understand that your Mobile Provider may charge you fees for your use of its network connection services while accessing or using the Site, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:

EXCLUSION OF WARRANTIES / DISCLAIMER


TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE OR THE SERVICE, AND ANY COMPANY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. ALTHOUGH MARKETPLACE USES REASONABLE EFFORTS TO ENSURE THAT THE INFORMATION CONTAINED ON THE SITE AND THROUGH THE SERVICE IS AS ACCURATE AS POSSIBLE, MARKETPLACE GIVES NO WARRANTY OF ANY KIND REGARDING THE SITE OR THE SERVICE AND/OR COMPANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREIN. FURTHER, MARKETPLACE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY COMPANY CONTENT THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE SITE OR THE SERVICE OR COMPANY CONTENT WILL MEET YOUR EXPECTATIONS. MARKETPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS OR OTHER OBLIGATIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY THAT THE SITE, THE SERVICE OR COMPANY CONTENT WILL BE ERROR-FREE OR THAT SUCH ERRORS WILL BE CORRECTED.

ANY COMPANY CONTENT OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH COMPANY CONTENT OR MATERIAL.

LIMITATION OF LIABILITY


YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARKETPLACE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICE RESULTING FROM THE INABILITY TO ACCESS OR UTILIZE ANY PRODUCTS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE OR THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL MARKETPLACE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

System Unavailability / Errors


There may be times when the Site is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the Site will always be available or is completely free of human or technological errors.
The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.

Release / Indemnification


You agree to release Marketplace, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Site and the Service. If at any time you are not happy with the Site or the Service or object to any material within the Site or the Service, your sole remedy is to cease using them.

You agree to defend, indemnify and hold harmless Marketplace, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Site or any part thereof, (b) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement, (c) infringement or misappropriation of any intellectual property or other rights of Marketplace or third parties by you, or (d) any negligence or willful misconduct by you.

Governing Law and Other Miscellaneous Terms


The validity and effect of these Terms of Use shall be governed by and construed and enforced in accordance with the laws of Missouri, without regard to its conflicts or choice of laws principles.

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

As we develop our business, we might sell or buy businesses or assets. In connection with a corporate sale, merger, reorganization, dissolution or similar event, we may assign or transfer this Agreement to the person or entity acquiring the applicable assets or succeeding to the applicable business. In the event of any such transaction, this Agreement shall remain in full force and effect and shall be binding on you and any such successor and/or assign.

The parties agree that breach of the provisions of this Agreement would cause irreparable harm and significant injury to Marketplace which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the parties agree that Marketplace has the right to enforce the provisions of this Agreement by injunction (without necessity of posting bond), specific performance or other equitable relief without prejudice to any other rights and remedies Marketplace may have. The prevailing party will be entitled to reasonable fees of attorneys, accountants and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled in any action at law or in equity.


Marketplace respects the intellectual property of others, and we ask our users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Site infringe your copyright, and that the use of such materials is not fair use, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA (see www.copyright.gov for details). Notices and counter notices with respect to the Site should be sent to the Contact information listed at the bottom of this Agreement. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the DMCA notice.

CHANGES TO OUR POLICIES


Our Terms of Use Policy is intended to provide you with the safest and most secure experience possible. Since offerings and technologies change, we reserve the right to change, modify, add or remove portions of our Policy at any time without prior notice. If you have any questions, or would like further clarification, please e-mail us at hello@marketplacebranding.com. Any changes in Marketplace’s policies will be communicated on this page.

Contacting Marketplace


This Site is operated by Marketplace. All inquiries may be directed to:
MarketPlace Innovations, LLC
6500 Chippewa St. 4th floor
Saint Louis, MO 63109
314.647.9500
hello@marketplacebranding.com

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