Terms of Use Agreement |
Welcome to Market Psychology Consulting LLC (hereafter referred to as MPC). We sincerely hope that you will enjoy your experience with MPC. The following Terms & Conditions are necessary to allow MPC to provide our valued users with the best possible experience and are intended to:
- Maintain the integrity of the data collected and accuracy of results
- Clarify the terms regarding payment and billing
- Share information with our users in an honest, upfront manner
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Your Account |
| In order to use the MPC Site ("Site"), you must register as a member of the Site ("Member") and agree to be bound by these Terms & Conditions ("Agreement"). To have the ability to access our web services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.
Once you complete the registration process with MPC, you will receive an account designation and password that is associated with your new account. You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify MPC of any unauthorized access of your account or any other breach of security.
Unless otherwise specified, MPC grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon, and the Fee-Based Services that you subscribed to, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree not to assign, transfer or sublicense your rights as a registered user of, or subscriber to, this website and/or any of our Fee-Based Products. You understand that only you may use your user account and password, and that your subscription or use of our Fee-Based Products may not be shared with others.
You agree that you shall only use the Services and content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content. |
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Term |
| Joining MPC is free and you may continue to use this Service as long as you adhere to these Terms & Conditions. Customers must promptly inform MPC of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until MPC is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service. |
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Modifications to Service |
| These Terms & Conditions were last modified on September 28, 2004. At any time and without prior notice, MPC shall have the right, in its sole discretion, to modify, add or remove terms of these Terms & Conditions, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this website and/or the MPC services following our posting of any such change on our site will constitute binding acceptance of such change. You agree that MPC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service. |
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Communication |
| As a part of the service MPC provides to our Members, we may communicate via e-mail and other means to inform you of enhancements or changes in offerings, services, or other relevant information targeted to your interests. Details of these communication efforts are noted within the Privacy Policy. Users have the option to remove themselves from various e-mail communications by following the conditions listed within the message or by following the procedures as noted in the Privacy Policy. MPC reserves the right at any time to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. |
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Privacy Policy |
| You should review the other MPC policies to better comprehend our practices and how we govern your visit to our website. Registration data and certain other information about you are subject to our privacy policy. For more information, see our entire privacy policy at: http://www.marketpsych.com/privacy.php. |
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Advertiser Links |
| This website contains links to Internet websites maintained by third parties. MPC does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by MPC and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites. |
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Copyright and Trademarks |
| The content included on this website, including, but not limited to the MPC tests, reports, text, logos, images, and icons is the exclusive property of MPC and other respective owners that have granted MPC the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to MPC or other respective owners that have granted MPC the right and license to use such marks. The MPC website contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, display, sell, create derivative works, or in any way exploit the content or any portion of the MPC website without the express permission of the organization. MPC's Copyright Counsel for notice of claims of copyright infringement can be reached at:
General Counsel
Market Psychology Consulting, LLC
57 Curtis Rd.,
Yarmouth, ME 04096 |
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Disclaimers of Warranties |
| The products, offerings, content and materials (including, without limitation, the Fee-Based products) on this website are provided "as is" and without warranties of any kind, either express or implied. MPC disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
Neither MPC, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Neither MPC, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement. |
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Limitation of Liability |
| You expressly understand and agree that MPC and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to this website. In no event shall our 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 this website. If you are dissatisfied with any portion of our website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website.
Indemnity. You agree to indemnify and hold MPC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms & Conditions and/or any breach of your representations and warranties set forth above.
All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the laws of the State of California. Any action relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, must be brought in the federal or state courts located in San Francisco, CA, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms & Conditions will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of MPC.
MPC will not be responsible or liable to you for any delay or failure to perform under these Terms & Conditions if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of MPC. |
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Special Admonitions for International Use |
| Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. |
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Miscellaneous Terms |
| All information presented by MPC is for educational and entertainment purposes. The material is not intended to be a substitute for professional counseling or medical treatment. MPC and the creators, producers, and distributors of the content disclaim any liability in connection with the advice, recommendations or products advertised on this site.
MPC may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. |
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Entire Agreement |
| These Terms & Conditions represent the complete and entire agreement between MPC and you and supersede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms & Conditions and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using MPC, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms & Conditions.
We sincerely hope you enjoy your use of the MPC site. Please understand that these rules help make it possible to offer our valued users these Services.
Official correspondence must be sent via postal mail to: Market Psychology Consulting
Attn: Customer Service
57 Curtis Rd.
Yarmouth, ME 04096
IMPORTANT: These Terms & Conditions of Service for MPC Services ("Agreement") is a legal agreement between you and MPC Inc. By initiating a purchase or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the Terms of this Agreement, do not purchase or use these Services. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms and Conditions. |
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