Terms of Service
The Marketplace Institute
BY VISITING THEMARKETPLACEINSTITUTE.COM, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
By using themarketplaceinstitute.com, referred to as this “Site”, all visitors, referred to as “user,” “you,” and “your,” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Bobsled Marketing LLC. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
ACCEPTANCE OF THIS AGREEMENT
By clicking on the 'REGISTER' option, the participant ("You" or "Your") agrees to the Terms and Conditions, obligations, representations, warranties, and agreements contained herein (the "Agreement"). In the event, You are not willing to accept the Agreement, You shall not be authorized or allowed to proceed further to view or use in any manner any content, information, courseware, products and services ("Services") published,available or provided on themarketplaceinstitute.com (the "Website"), which is owned, maintained and monitored by Bobsled Marketing LLC ("Us", "We" or "Our").
By using the Site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.
You may be required to register with the Site.
You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change the username you select if we determine, in our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
User Conduct, Commitments and Understandings
You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by The Marketplace Institute.
You, directly or indirectly, alone or with any other party, may not:
modify, change, create derivative works of, disassemble, decompile or otherwise reverse engineer the Service or any software provided in connection with the Service (“Service”), or remove proprietary legends in the Service or Software;
distribute, transfer, resell, rent, lease, or loan the Service or Software to any other party, except as described herein;
make the Service available to others in a service bureau arrangement or for any third party training use;
harass, threaten or otherwise cause distress, unwanted attention or discomfort to a person or entity;
post or otherwise transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or which infringes upon the rights of any third party;
post or otherwise transmit any content that (i) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (ii) you do not have the right to transmit, such as information that is subject to a confidentiality agreement between you and another party; (iii) contains sexually explicit images or other content that is offensive; (iv) is harmful to minors in any way; or (v) promotes or provides instructional information about illegal activities or promotes physical harm or injury against any group or individual;
send any unsolicited commercial email, spam, or bulk commercial email;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
violate (intentionally or unintentionally) any applicable local, state, national or international law including, but not limited to, any regulations having the force of law; or
interfere with or disrupt the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service..
You agree that you are solely responsible for (and that The Marketplace Institute has no responsibility to you or to any third party for) any breach of your obligations under these Terms and for the consequences (including any loss or damage which The Marketplace Institute may suffer) of any such breach. To the extent The Marketplace Institute incurs any financial penalties or other costs and expenses (including investigation expenses) from The Marketplace Institute’s server hosting facility, internet service provider or other vendors because of your use of the Service, you shall be obligated to immediately reimburse The Marketplace Institute for any such penalties, costs or expenses.
While The Marketplace Institute uses reasonable efforts to include accurate and up-to-date information on the Site, The Marketplace Institute makes no warranties or representations as to its accuracy. The Marketplace Institute assumes no liability or responsibility for any errors or representations in the content available on the Site (the “Content”).
The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that The Marketplace Institute is not responsible for the availability of, or the materials located on or through any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
The user agrees not to impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use.
If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, you retain all of your ownership rights in your content however you hereby grant The Marketplace Institute and its affiliates a revocable, worldwide, royalty-free, non-exclusive, sublicensable, license to use, reproduce, perform, distribute, and display such content solely for the purpose of providing the Service to the User and improving the Service in general. Furthermore, you grant The Marketplace Institute, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any content or third party content complies with all laws including, but not limited to, copyright law. You also hereby grant each user of the Service a non-exclusive license to access your content through the Service, and to use, reproduce, distribute, display and perform such content as permitted through the functionality of the Service and under these Terms. The licenses granted in your submitted content terminate within a commercially reasonable time after you remove or delete your content from the Service; however, you understand, acknowledge and agree that The Marketplace Institute may retain, but not display, server copies of your content that has been removed or deleted. The licenses granted by you with respect to comments you submit are perpetual and irrevocable. You will defend, indemnify and hold The Marketplace Institute and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
At your discretion, you may provide feedback to The Marketplace Institute concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to The Marketplace Institute. In the event ownership in the Feedback cannot be granted to The Marketplace Institute, you grant The Marketplace Institute at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that The Marketplace Institute may disclose that Feedback to any third party in any manner and you agree that The Marketplace Institute has the ability to sublicense all Feedback in any form to any third party without restriction.
The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail. The Marketplace Institute may at any time revise these Terms by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms to which you are bound.
You shall not transmit to The Marketplace Institute or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use your username and password for any unauthorized purpose.
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.
We grant you a personal, restricted, non-transferable, non-exclusive, and revocable license to use the Website, the Services, and the Content and Services offered through the Website until the termination of this Agreement according to the Terms and Conditions set forth herein. The Content and Services are provided solely for Your personal and non-commercial use to assist you ("Restricted Purpose").
You are permitted online access to the Website, the Content and Services and may not download, save, or print the Content published by themarketplaceinstitute.com
You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Content, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the Restricted Purpose, without Our prior written consent.
CONTENT AND SERVICES
As a part of our Services offered through our Website, We shall grant you access to our content, courses, training sessions and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format in relation to the specific membership level You have registered for (“Content and Services”).
We reserve the right to amend, revise or update the Content and Services offered to You. In the event such an amendment, revision or updation occurs,
SERVICE TERMS and DISCLAIMERS
This Site and the information contained herein are not in any way affiliated with or endorsed by Amazon® or Amazon.com.
By participating in/reading this website and/or website/blog/email series, you acknowledge that We cannot guarantee the outcome of services and/or recommendations on the websites and any comments about the outcome are expressions of opinion only. We cannot make any guarantees other than to deliver information, education, and services purchased as described.
We make no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. We disclaim all liability for any inaccuracy, error or incompleteness in the Content.
In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information.
You agree that any registration information you give to Us will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site and Service for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
THE MATERIALS, CONTENT ON THIS SITE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE MARKETPLACE INSTITUTE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. THE MARKETPLACE INSTITUTE MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, THE MARKETPLACE INSTITUTE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE MARKETPLACE INSTITUTE IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in biogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Bobsled Marketing LLC INTELLECTUAL PROPERTY
While You are granted a limited and non-exclusive right to use the Website, the Services, and the Content for the Restricted Purpose as set forth in this Agreement, You acknowledge and agree that We are the sole and exclusive owner of the Website, the Services and the Content and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content.
You acknowledge and agree that this Agreement other than permitting You to use the Website, the Services, and the Content for the Restricted Purpose does not convey to You in any manner or form any right, title or interest of a proprietary, or any other nature in the Website, the Services, and the Content.
The Site and Service contain intellectual property owned by Bobsled Marketing LLC including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Bobsled Marketing LLC / bobsledmarketing.com and Themarketplaceinstitute.com name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site and Service, without refund, if you are caught violating this intellectual property policy.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content uploaded or otherwise made available on the Service infringes upon any copyright which you own or control, you may so notify us in accordance with our DMCA process.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users of the Service who are deemed to be repeat infringers. The Marketplace Institute may also at its sole discretion limit access to the Service or terminate the account of any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Reporting Claims of Copyright Infringement
The Marketplace Institute takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the "Site") infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our designated DMCA agent below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit your notice to our designated DMCA agent by email as set forth below:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our DMCA agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Designated Copyright Agent
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, BOBSLED MARKETING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF BOBSLED MARKETING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL BOBSLED MARKETING CUMULATIVE LIABILITY TO YOU EXCEED $100.
The Marketplace Institute shall not be liable to you for any delay or failure of The Marketplace Institute to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of The Marketplace Institute. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labor strike, or delays by you in performing any requirements hereunder.
THIRD PARTY RESOURCES
The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
You acknowledge that We do not offer refunds for any portion of payment for our products, services, or programs. All sales are final and no refunds will be given for any reason. You can cancel your subscription at any time by contacting us using the contact information below. Your cancellation will take effect at the end of the current paid term.
SUBSCRIPTION, SERVICES and PAYMENT
You will be allowed to sign up for a particular membership and add on services ("Subscription Services") and will be charged automatically or manually ( based on your preference), depending on payment frequency chosen by you, such as monthly/quarterly/yearly, as may be applicable.
You will have the option to unsubscribe and resubscribe to the particular Subscription Services again and the payment cycle will start accordingly.
You agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the Marketplace Institute. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. You agree to immediately notify The Marketplace Institute of any change in your billing address or the credit card used for payment hereunder. The Marketplace Institute reserves the right at any time to change its prices and billing methods, either immediately upon posting on our Site or by e-mail delivery to your organization’s administrator(s).
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by you.
All fees for the Service are non-refundable. You are responsible for any third-party fees that you may incur when using the Service.
All prices, products, and offers are subject to change.
GOVERNING LAW - VENUE - MEDIATION
This Agreement shall be construed in accordance with, and governed by the laws of the State of New York as applied to contracts that are executed and performed entirely in the State of New York. The exclusive venue for any arbitration or court proceedings based on or arising out of this Agreement shall be in the State of New York. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT - WAIVER - HEADINGS
This Agreement constitutes the entire agreement between you and Bobsled Marketing LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Bobsled Marketing LLC. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
We reserve the right to unilaterally amend or modify this Agreement without giving any prior notification to You. We shall however publish the revised agreement on the Website so that You are aware of the revisions, modifications and amendments made by Us to this Agreement. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, modifications, and amendments. Your continued use of or access to the Website, the Services, and the Content following the posting of any changes to this Agreement shall constitute acceptance of those changes.
TERM AND TERMINATION
The Marketplace Institute has the right to:
Remove or refuse to post any of your content for any or no reason in our sole discretion.
Take any action with respect to your content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public or could create liability for The Marketplace Institute..
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the Site.
Terminate or suspend your access to all or part of the Service or the Site for any violation of these Terms.
This Agreement will become effective upon Your acceptance of the terms of this Agreement by Your clicking on the "I ACCEPT" button and, subject to the terms and conditions of this Agreement, will remain in effect until You maintain a current, fully paid up online member, or until terminated by Us, whichever is earlier.
We reserve the right to terminate this Agreement and block Your access to the Content and Services with immediate effect by sending a written notice through email to You to this effect ("Immediate Termination Date"), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement.. On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim resulting from any such Event of Default.
All provisions of the Agreement shall survive the termination of this Agreement.
QUESTIONS AND COMMENTS
If you have any questions regarding these Terms, please contact The Marketplace Institute by emailing firstname.lastname@example.org
Updated: August 2019