Terms and Conditions of Use
Market Development Inc.
Terms and Conditions of Use
This Terms of Use Agreement sets forth the terms and conditions governing your use of the site and your access to and use of the information, content, and services offered on or through the site. By accessing or using the information and/or services provided by the Web site, you agree to be legally bound by this Agreement. If you are accessing this Web site on behalf of your employer, you represent that you are authorized to accept these terms of service on your employer's behalf.
Market Development Inc. reserves the right to amend the terms, conditions, and notices under which this Site is offered to you from time to time. Therefore, it is suggested that you should visit the site periodically to review the current terms and conditions. As these terms and conditions govern your use of this website, if you do not agree with these terms, you may not use this site. Market Development Inc. reserves the right to terminate the access of any user in its discretion, including users that do not observe the within terms and conditions or violate the rights of third parties.
Ownership
All content included in or provided through this site is the property of Market Development Inc., and is protected by U.S. and international copyright, trademarks, and other intellectual property laws. This site and all of its contents are: Copyright 2007 Market Development Inc. All rights reserved. You may download the pages of this site that you navigate, but only for your own records and personal use. No commercial use, resale, copying, or exploitation of material from this site is permitted.
Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. MARKET DEVELOPMENT CO. DOES NOT WARRANT THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE INFORMATION CONTAINED ON THE SITE, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
Limitation of Liability
NEITHER MARKET DEVELOPMENT CO. NOR ITS SUBSIDIARIES, LICENSORS, OR THIRD- PARTY SERVICE PROVIDERS, SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHERWISE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, EVEN IF MARKET DEVELOPMENT CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THE FOREGOING MAY NOT APPLY TO YOU. IF, FOR ANY REASON, THE FOREGOING LIABILITY IS HELD TO BE UNENFORCEABLE FOR ANY REASON, THE AGGREGATE LIABILITY OF MARKET DEVELOPMENT CO. FOR ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICES SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO $250.
Indemnity of Market Development Inc.
You agree to indemnify and hold Market Development Inc., its subsidiaries, licensors, and third-party service providers harmless from any claim, demand, cause of action, debt, loss, or liability, including reasonable attorneys' fees and other professional fees, to the extent that such action is based upon, arises out of, or relates to a breach of this Agreement or your use of the Services. This indemnity shall survive the termination of this Agreement.
Miscellaneous Terms
This Agreement constitutes the entire agreement between you and Market Development Inc. with respect to its subject matter, superseding any prior oral or written agreements between you and Market Development Inc. relating to such subject matter. The failure of Market Development Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of this Agreement to be invalid, the court should endeavor to give effect to the parties' intentions to the maximum extent consistent with applicable law, and the other provisions of this Agreement shall remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal or contractual effect. Any notices to Market Development Inc. shall be in writing and sent to the person named below. If any provision of this Agreement is held to be unenforceable, it shall be deemed to be several from this Agreement and all other terms and conditions shall remain in full force and effect.
Controlling Law and Jurisdiction
This Web site is controlled by Market Development Inc. from its office in New York, United States of America. All matters relating to your access to or use of this Web site is governed by United States federal law or the laws of the State of New York.