Legal terms and conditions
What follows are the terms and conditions for the use of this website. By accessing, using or downloading information from this website, you agree to be bound by the terms and conditions outlined here. If you do not agree with these terms, please do not use this website.
Restrictions on use
The Marketing AuditTM through marketingaudit.com, presents the information found on our website for your convenience. Reproduction, distribution or republication of any information, materials, documents, software, products or services by any means, without the prior written consent of The Marketing AuditTM is strictly prohibited. Nothing in this website shall be interpreted as granting any license of The Marketing Audit’s intellectual property rights. All rights not expressly granted in this notice are reserved.
Our view of the future
These webpages contain statements reflecting our aggressive view of future prospects, which involve obvious risks and uncertainties. The statements may include The Marketing Audit’s current expectations, assumptions, business strategies, and estimates of future performance and economic conditions. Actual results sometimes differ substantially from projected results implied or expressed in these statements. Risks and uncertainties including, without limitation, the development of the marketplace, demand for The Marketing Audit’s products and services, the ability of business partnerships to succeed, competition and rapidly changing technology, The Marketing Audit’s ability to manage expansion, and its ability to attract and retain key personnel must be recognized as the realities of our business environment.
Trademark and patent information
The Marketing AuditTM and related logos are trademarks and registered trademarks of The Marketing AuditTM in the United States. Other trademarks and patents are as designated on this website. All other companies, product or services names may be trademarks or registered trademarks of their respective owners.
Links to third party websites
This website may have hyperlinks to third-party websites controlled by parties other than The Marketing Audit. The Marketing AuditTM is not responsible for, and does not endorse, any of the content of other websites.
Warranties and disclaimers
THE INFORMATION, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON The Marketing AuditTM WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. The Marketing AuditTM DISCLAIMS ALL WARRANTIES RELATING TO THE INFORMATION, DOCUMENTATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. THIS WEBSITE MAY INCLUDE INACCURATE, OUT-DATED OR INCOMPLETE INFORMATION AND IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.
Limitation of liability
The Marketing AuditTM SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER RELATED TO THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ANY DIRECT DAMAGES, (B) FOR ANY LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (C) FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES AND LOSS OF PROFITS. In addition to, and without limiting the foregoing, The Marketing AuditTM shall not be liable for any harm caused by the transmission, through this site or any service or information contained on this site, of any computer virus or other computer code or programming device that might be used to access, modify, delete, damage, corrupt, deactivate, disable, disrupt or otherwise interfere, in any manner, with the operation of this site, any information or services contained on this site, or any of your software, hardware, data, network or property. By accessing any of our websites, you agree to indemnify and hold harmless The Marketing AuditTM and you agree to waive any and all legal claims, injury, liability, or damage.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS The Marketing AuditTM and its affiliates, shareholders, directors, officers, employees, control persons, vendors, licensors and agents against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees and costs) arising out of, or related to, the information set forth in the website or use of the website including, without limitation, your breach of your agreements, representations and warranties contained herein or your use of any services or information: I) in violation of these Terms and Conditions of Use; II) in violation of any rights of The Marketing AuditTM, including, but not limited to, copyright, patent, trade secret, trademark or other intellectual property rights and publicity and privacy rights; III) in violation of any applicable rule, law or regulation; or IV) your failure to maintain the security of your user codes and passwords. This indemnification shall be binding upon you and your executors, heirs, successors and assigns.
If The Marketing AuditTM fails to insist upon, or enforce strict performance of, any provision of these Terms and Conditions, it shall not be construed as a waiver of any such provision or of any right of The Marketing AuditTM. Neither any course of conduct between parties, nor any industry practice, shall act to modify any provision of these Terms and Conditions.
In the event that any portion of these Terms and Conditions of Use is held to be unenforceable, such portion shall be construed in accordance with applicable laws, rules and regulations to reflect, as closely as possible, the original intentions of these Terms and Conditions and the remainder of the provisions of these Terms and Conditions shall remain in full force and effect.
Termination of access
The Marketing AuditTM may deny you access to all or part of this site, or any service or information contained on this site, without notice if you engage in any conduct or activity that The Marketing AuditTM, in its sole discretion, believes violates any term of these Terms and Conditions or any applicable law, rule or regulation.
You shall not and shall not allow any third party to remove or export from the United States or allow the export or re-export of any part of the website, including the software, materials, documentation, services, or products in violation of any restrictions, laws or regulations of any United States or foreign agency or authority.
Choice of law, jurisdiction and venue
All matters relating to your access to or use of the website shall be governed by the laws of the Commonwealth of Pennsylvania and the United States, without regard to conflicts of laws, provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. Unless waived by The Marketing AuditTM at its sole discretion, the jurisdiction and venue for actions related to the subject matter hereof shall be the Commonwealth of Pennsylvania, Philadelphia County and United States Federal Courts of the Eastern District of Pennsylvania. These Terms and Conditions are the complete and exclusive statement of the mutual understanding between you and The Marketing Audit, and these Terms and Conditions supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these Terms and Conditions.
We may make changes to this site, any information or services contained on this site, or these Terms and Conditions at any time without any notice. You should periodically visit this page to review current Terms and Conditions to which you are bound.