1.PROPRIETARY RIGHTS RESTRICTIONS
All material on our websites (each the “Site”), including, without limitation, all informational text, photographs, graphics, audio, video, messages, files, documents, images, or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by Marketing Doctors International Inc.. or its respective affiliates (collectively “Marketing Doctors,” “we,” or “us” ) or other parties that have permitted us to use their material and is protected by copyright, trademark, and other intellectual property laws. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than our own. Trademarks, logos, images, and service marks displayed on the Site are either our property or the property of other third parties. You agree not to display or use such marks without our or the respective owner’s prior written permission. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without proper authorization. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any unauthorized purpose is expressly prohibited. Additionally, the use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. The Materials on the Site are provided for lawful purposes only. Any third-party software made available for downloading, copying, or use through the Site is proprietary to the individual or entity making such software available. Unless otherwise noted, neither the title nor the intellectual property rights of the software, including all files and images contained in or generated by the software, are transferred to you. Downloading, copying or other use of such software is subject to the terms and conditions of the software licensing agreement relating to such software.
2.LINKS TO OTHER WEBSITES
If any link is offered connecting you to a third-party website, it is as an accommodation to you or the respective third-party website owner. Websites linked to or from the Site are not necessarily under our control, and we shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked website or any link or linking program at any time. The privacy policies and terms and conditions of linked websites may differ from ours. We do not necessarily endorse companies (or related products or services) to or from which the Site is linked. Also, the existence of a link does not constitute a relationship between us and the owner of the linked website. If you decide to access any of the third-party websites linked to the Site, you do so entirely at your own risk.
We may monitor or review discussions, chats, postings, blogs, and other user-created content on the Site. We do not assume liability or responsibility for such content nor any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained within. You are prohibited from transmitting or posting unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, infringe upon the intellectual property or other rights of third parties, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of anyone posting such material.
Please note that our policy is not to accept or consider unsolicited creative, production-related, or other materials of any kind. We develop the concepts and ideas for use in advertising, promotion, and public relations to promote the products and services of our clients. We will not consider suggestions or ideas submitted to us without solicitation because of the potential misunderstandings that may result. If, despite this statement, you choose to submit unsolicited creative, production-related, or other materials of any kind, please be advised that all such remarks, suggestions, ideas, graphics, or other information communicated to us through the Site (together, “Submission”) will be subject to the following terms: We will not be required to treat any Submission as confidential and will not be liable for using any ideas for our business (including, without limitation, product or advertising ideas for our clients) and will not incur any liability as a result of any similarities that may appear in our future operations or work and the use of any Submission for any purpose will be without compensation to you or any other person sending the Submission.
The laws of the Republic of Panama, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction, shall govern these Terms and Conditions. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site must be instituted within one (1) year from the date on which such claim or cause arose or was accrued. Further, any such claim or cause of action shall be brought exclusively in the district or federal courts located in Distrito Panama, Panama City, Republic of Panama and you agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You agree to waive any objection that the district or federal courts of Distrito Panama, Panama City, Republic of Panama and, are an inconvenient forum.
THE SITE AND THE CONTENTS THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED BY ERRORS OF THE SITE, CONTENT ON THE SITE, OR THE INTERNET. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.
7.LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions;
(2) use of the Site;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We are not liable for any viruses or damages that may infect your computer software, hardware, or other equipment due to your usage of the Site or downloading of any material (text, images, video, audio, etc.) from the Site. We may suspend your access to the Site for any reason. Suspension and/or termination of your usage does not affect these Terms and Conditions. These Terms and Conditions may be modified at any time. Your continued usage of the Site after such changes have been made constitutes acceptance of the changes. You should review these Terms and Conditions periodically to note any updates and/or changes. If you have questions or comments about our Terms and Conditions, you can contact us at +507-6115-1136.