Terms and Conditions of Use of Practice Marketer
COPYRIGHTED MATERIALS FOR LIMITED USE
USE OF SITE
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering printed products solely through PracticeMarketer (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from PracticeMarketer does not entitle you to use any portion of Content apart from the finished printed Products as they are supplied to you by PracticeMarketer.
You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize PracticeMarketer to print Products on your behalf.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
TRANSFER OF TITLE
The customer agrees that the shipping terms for all orders are FOB shipping point and ownership transfers to the customer upon shipment.
DISCLAIMER OF WARRANTY
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PracticeMarketer OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT PracticeMarketer HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE SERVICES THAT YOU ORDER FROM PracticeMarketer OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL PracticeMarketer BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to PracticeMarketer in connection with the operation or content of this Site shall be provided by the submitter and received by PracticeMarketer on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of PracticeMarketer. By submitting any such information to PracticeMarketer, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that PracticeMarketer shall be free to use such information on an unrestricted basis.
PracticeMarketer.com is based in Burbank, CA and all transactions take place on PracticeMarketer servers. Issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Burbank, CA. You agree to submit to mediation in lieu of any legal action. This site is governed by the rules of American Arbitration Association and all mediation will be administered through Mediation Network, Inc.