ENCOURAGE MARKETING TERMS OF SERVICE AGREEMENT

This website is owned and operated by Encourage Marketing, LLC, a California limited liability company.

Please read these Terms of Use carefully before using this website.  
By using this website, you agree to the terms, conditions, notices and guidelines contained in this Terms of Use Agreement (“Agreement”) and all modifications thereto.  Your continued use of this website following the posting of changes to this Agreement will signify your acceptance of such changes.  If you do not agree to comply with these Terms of Use, please do not use this website or the services it offers.

1.  Restriction on Use.  
The information, documents and related graphics published on this Internet website are the sole property of Encourage Marketing.  This material may not be copied, distributed, reproduced, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Encourage Marketing.  You may, however, download one copy of the material on this website to one computer for personal, non-commercial use only, provided that you do not delete or change any copyright, trademark or other proprietary notice.

If you download software from this website, the software, including all files, images, contained in or generated by the software, and accompanying data are deemed to be licensed to you by Encourage Marketing.  Neither title nor intellectual property rights are transferred to you, but remain with Encourage Marketing, who owns full and complete title.

You expressly agree not to use the information documents and related graphics published on this Internet website in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation.  You acknowledge that prohibited conduct includes, but is not limited to, use of such information to invade the privacy of third parties, impersonation of Encourage Marketing personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material.

2.  Limits on Liability. Encourage Marketing will not be liable for:

The content of any website not controlled, owned, or operated by Encourage Marketing that is accessed from or linked to this website; the content, services or information provided by any website purporting to be operated by Encourage Marketing or its affiliates, but not actually affiliated with, controlled, owned, or operated by Encourage Marketing; any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use this website, even if Encourage Marketing has been advised of the possibility of such damages.  If you are dissatisfied with any portion of this website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using this website.

3.  Indemnification.
You agree to indemnify and hold Encourage Marketing, its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of this website; or (b) any alleged breach of this Agreement.  

4.  Disclaimer of Warranties.
The information, material, services, and products included on this website may include inaccuracies or typographical errors. Encourage Marketing may make changes or improvements to this website at any time.

THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ENCOURAGE MARKETING DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ENCOURAGE MARKETING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ENCOURAGE MARKETING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE. 

USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.  

5.  Jurisdiction.
This Agreement shall be governed by the laws of the State of California.  The courts of competent jurisdiction sitting within the City of Santa Monica, California will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. 

This website is owned and operated by Encourage Marketing, LLC from Santa Monica , California.  Encourage Marketing makes no representation that materials in this website are appropriate or available for use in other locations.  Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. 

6.  Termination.
In addition and without prejudice to any other legal or equitable remedies available to Encourage Marketing, Encourage Marketing may terminate this Agreement at any time and for any reason.  

7.  Miscellaneous.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 2, 3, 4, 5 and 7 of this Agreement shall survive any termination or cancellation of this Agreement.  If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.  The section headings in this Agreement are for convenience only and must not be given any legal import.  

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

For information regarding the Encourage Marketing Privacy Policy http://www.emktg.com/html/privacypolicy.htm

If you have any questions about this Agreement, or would like any additional information about Encourage Marketing, this website, or any of the services offered on this website, please contact info@emktg.com or write to us at:

Encourage Marketing, LLC, 
1620 Broadway, Suite F,
Santa Monica California 90404 .


 
 

Copyright © 2006 Encourage Marketing LLC. All rights reserved.