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Terms of Use
TERMS AND CONDITIONS OF
USE OF Merkley Marketing Group, Inc. 1 ACCEPTANCE OF TERMS
1.1 Your
access to and use of Merkley Marketing Group, Inc. ("the Website") and any Services referred to in Clause 2, is
subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful
or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and
disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the
Website/Services. 1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued
use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your
responsibility to check the Terms and Conditions regularly for any changes. 2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or
other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless
stated otherwise the Services are for your personal and non-commercial use only. 3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their
children access to and use of the Website/Services should supervise such access and use. By allowing your child access to
the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news
groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services
are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your
children via any of the Services. 4 PRIVACY POLICY
4.1 We are committed to responsible
data management and subscribe to the principals of the data protection legislation in the State of Florida. We are committed
to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you
register for any of the Services you will be asked to provide basic personal information. The information provided by you
is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates
to the Website/Services. 4.2 We use a technology called "cookies" as part of our normal business procedure
to track patterns of behavior of visitors to the Website. A cookie is an element of data that the Website sends to your browser
that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this
way can be used to identify you unless you change your browser settings. 5 USER ACCOUNT, PASSWORD AND
SECURITY
If a particular Service requires you to open an account you will be required to complete the
registration process by providing certain information and registering a username and password for use with that Service. You
are responsible for maintaining the confidentiality of the username and password and also for all activities, which take place
under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach
of security. In no event will Merkley Marketing Group, Inc. be liable for any indirect or consequential loss or damage whatsoever
resulting from the disclosure of your username and/or password. You may not use another person’s account at any time,
without the express permission of the account holder. 6 ACCEPTABLE USE
6.1 You
acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other
materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the
person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity
or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive
and/or indecent. Merkley Marketing Group, Inc. will not be liable in any way for any Content or for any loss or damage of
any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with
the use of any Content, including any reliance on the accuracy or completeness of such Content. 6.2 In using the Website/Services
you agree not to: 6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited
messages, commercial or otherwise; 6.2.2 post, publish, distribute or disseminate material or information that is
defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful; 6.2.3 post, publish, distribute
or disseminate material or information that incites discrimination, hate or violence towards any person or group on account
of their race, religion, disability, nationality or otherwise; 6.2.4 threaten, abuse, disrupt, stalk or otherwise
violate the legal rights (including rights of privacy and publicity) of others; 6.2.5 use any information or material
in any manner that infringes any copyright, trademark, patent or other proprietary right of any party; 6.2.6 make
available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer
or property of another; 6.2.7 collect or store personal information about others, including email addresses; 6.2.8
advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically
allows such messages; 6.2.9 impersonate any person or entity for the purpose of misleading others; 6.2.10
violate any applicable laws or regulations; 6.2.11 use the Website/Services in any manner that could damage, disable,
overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services; 6.2.12
post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course
of employment or under a confidentiality agreement); 6.2.13 attempt to gain unauthorized access to any of the Services,
other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other
means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to
a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or
is otherwise objectionable. 7 TERMINATION We have the right to terminate your access to any
or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and
Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without
prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the
Website/Services. 8 LINKS TO THIRD PARTY WEBSITES The Website/Services may include links to
third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such
websites and you acknowledge and agree that Merkley Marketing Group, Inc. is not responsible for the content or availability
of any such sites. 9 INTERNATIONAL USE You agree to comply with all applicable laws regarding the transmission of technical
data exported from the State of Florida or the country in which you reside (if different) and with all local laws and rules
regarding acceptable use of and conduct on the Internet. 10 INTELLECTUAL PROPERTY RIGHTS 10.1
The Website and its content (including without limitation the Website design, text, graphics and all software and source codes
connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property
rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial
use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior
written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for
personal, non-commercial home use only. 10.2 Merkley Marketing Group, Inc. does not claim ownership of any materials
you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide,
royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish
such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such
Content is deleted from the Services. 11 INDEMNITY You agree to indemnify and hold Merkley
Marketing Group, Inc. harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought
against Merkley Marketing Group, Inc. by any third party arising out of your use of the Services and/or any Content submitted,
posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities,
damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Merkley Marketing
Group, Inc. in consequence of your breach of these Terms and Conditions. 12 DISCLAIMERS AND LIMITATION
OF LIABILITY 12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an
"AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of
any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness
for a particular purpose, non-infringement, compatibility, security and accuracy. 12.2 To the extent permitted by
law, Merkley Marketing Group, Inc. will not be liable for any indirect or consequential loss or damage whatsoever (including
without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services. 12.3
Merkley Marketing Group, Inc. makes no warranty that the Website/Services will meet your requirements, that Content will be
accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will
be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which
may be harmful or destructive. 12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit
the liability of Merkley Marketing Group, Inc. for death or personal injury as a result of the negligence of Merkley Marketing
Group, Inc. 12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer. 13
SEVERANCE If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms
and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. 14
GOVERNING LAW These Terms and Conditions shall be governed by and construed in accordance with the law of
the state of Florida and you hereby submit to the exclusive jurisdiction of the State of Florida courts
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