Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY CONTINUING TO USE THIS SITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

Welcome www.marketerquarterly.com, www.themarketerquarterly.com, www.marketersquarterly.com, www.themarketersquarterly.com and these domains in a variety of other suffixes including .biz, .info, .net, .org, .us. and the subdomains associated with our sites. (our "Sites"), which are operated by The Marketer Quarterly, LLC. ("The Marketer Quarterly" or "we" or "our"). Subject to and without limiting the terms of or your obligations under any legally binding contract pertaining to the subject matter hereof ("Contract") between The Marketer Quarterly and you or between The Marketer Quarterly and your employer or a party for whom you perform services ("you and the party to any such Contract being a "Client"), by using these Sites you agree to each of the terms of use set forth herein, including any additional terms and conditions applicable to specific areas or content on the Sites ("Terms of Use").

The Marketer Quarterly reserves the right to modify these Terms of Use at any time without notice to you. Your continued use of the Sites after any such changes constitutes your agreement to follow and be bound by these Terms of Use as modified.

Use of Site and Content and Copyright

You are permitted to access the Sites, including the written text, graphics, data, images, illustrations, marks, logos, sound or video clips, photographs and/or other works (singly or collectively, the "Content") solely for your or your organization's internal information purposes. You agree to maintain all copyright, trademark and other notices on the Content. You may not copy, transmit, reproduce, publicly display, perform, distribute, alter, transmit or create derivative works of any Content or any portion of or excerpts from the Content in any fashion that is not authorized by The Marketer Quarterly in writing or expressly permitted in these Terms of Use.

Neither you nor your organization may use any Content or any excerpt from any Content to promote your or your organizations' products or services. External citation to the Content is prohibited without The Marketer Quarterly’s express written permission and is subject to our Citation Policy, except that members of the press may cite to portions of the Content without The Marketer Quarterly’s prior approval if such citation complies with the terms set forth in the Press Resources section of this Site.

The Sites and all of the Content are protected by U.S. and/or international copyright laws and conventions, and belong to The Marketer Quarterly, its licensors or third parties. No right, title or interest in any Content is transferred to you.

You agree to use the Sites and the Content in accordance with all applicable laws. You agree not to take any action that would compromise the security of the Sites or render the Sites inaccessible to others.

Restricted Areas

Access to certain areas of the Sites is restricted ("Restricted Areas") to The Marketer Quarterly Clients and subscribers to its digital publications and our distribution partners to whom we have issued passwords or have purchased digital downloadable report code-keys. You are not authorized to access any password-restricted areas unless you have received a password from The Marketer Quarterly (or from your employer if your employer has been authorized by The Marketer Quarterly to issue such password). Direct sale digital downloadable reports include code-keys that are specific to that buyer which are stored and their use is tracked in a number of ways.  You may not use another person's password to access the Sites or report code-keys to access direct digital downloadable content.

If you are a Client or subscriber, you are responsible for keeping your password confidential. You agree not to share your password or report code-keys with any other individuals or to otherwise allow any other individuals to access the Sites or the Content through your account. You further agree not to reproduce, publicly display, perform, distribute, alter, transmit, create derivative works from or otherwise share any Content or portions or excerpts thereof from Restricted Areas with any other individuals or third parties, except as expressly provided in these Terms of Use or in your Contract. You take full responsibility for any activity that occurs through the use of your account and you agree to notify us immediately if you become aware that any other individual has accessed your account or has obtained your password or any exclusive content/report code-keys.

Interactive Services

Certain areas of the Sites contain interactive elements, where visitors are permitted to post content for publication on the Sites. If you elect to use such interactive elements, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Sites ("User Content").

You may submit User Content so long as the content is not illegal, obscene, threatening, harassing, defamatory, libelous, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You should not, however, upload any of the following types of information: (a) information protected under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), or (b) personally identifiable information including (i) drivers license numbers, (ii) passport numbers, (iii) social security, tax identification or similar numbers, or (iv) bank, checking, credit card, debit card, or other financial account numbers. You hereby grant The Marketer Quarterly a nonexclusive, royalty-free, perpetual, irrevocable, fully sublicensable and transferable right to exploit User Content at The Marketer Quarterly’s discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate these Terms of Use and will not cause injury to any person or entity. The Marketer Quarterly takes no responsibility and assumes no liability for any User Content submitted by you or any third party. You may be exposed to User Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that User Content. The Marketer Quarterly reserves the right, but not the obligation, to monitor, edit, or remove any User Content for any reason.

Notwithstanding any language to the contrary in your Contract or any other agreement, by posting any User Content on this Site you expressly represent and warrant to us that any such User Content is not confidential or proprietary to you or Client, and your posting of such User Content does not violate any confidentiality or other obligations to which you are subject.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), The Relevancy Group has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to this Site (the "Designated Agent"). All such notifications relating to this Site must be submitted in a manner consistent with the DMCA to the following   Designated Agent:  Scott Stolbach, Kramer Burns

Service provider:  Kramer Burns

Name of agent designated to receive
notification of claimed infringement:

Scott Stolbach

Full address of designated agent to which
notification should be sent:

675 Morris Avenue
Springfield, New Jersey 07081  

Telephone number of designated agent:

(973) 912-8700

Facsimile number of designated agent:

(973) 912-8602

Email address of designated agent:

sstolbach@kraemerburns.com

Accuracy of Information

The Content on these Sites is based on The Marketer Quarterly reasonable efforts to compile and analyze the best sources reasonably available to The Marketer Quarterly at any given time. Any opinions reflect The Marketer Quarterly’s judgment at the time and are subject to change. You assume sole responsibility for the selection of the Content to achieve any of your intended results, and your sole and exclusive remedy for any alleged loss or damage suffered by you in connection with your use of the Sites or the Content or the User Content is to discontinue using the Sites.

WARRANTIES DISCLAIMER

THIS SITE AND THE CONTENT ARE PROVIDED "AS IS," AND THE MARKETER QUARTERLY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR ANY PORTION THEREOF THAT IS MADE AVAILABLE ON THE SITE; (II) THAT THE CONTENT PROVIDED THROUGH THE SITES WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS; (III) THAT THE CONTENT SHALL NOT INFRINGE THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY; (IV) THAT THE CONTENT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

LIMITATIONS ON LIABILITY

YOU AGREE THAT THE MARKETER QUARTERLY, LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LAW FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS FAILURE OR LOSS, ARISING OUT OF YOUR USE OF THE SITES, THE CONTENT OR USER CONTENT, WHETHER OR NOT THE MARKETER QUARTERLY, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE FURTHER THAT THE MARKETER QUARTERLY, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES INCURRED BY YOU ARISING AS A RESULT OF RELIANCE UPON THE CONTENT, USER CONTENT OR THE SITE OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE CONTENT OR THE SITE OR INTERPRETATIONS THEREOF. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE MARKETER QUARTERLY, LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW, AND THE TERMS LIMITING THE MARKETER QUARTERLY, LLC’S LIABILITY IN THIS SECTION SHALL IN ANY CASE BE INTERPRETED TO LIMIT THE MARKETER QUARTERLY, LLC’S LIABILITY TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

You understand and agree that you are responsible for your use of the Sites. You agree to indemnify, defend and hold harmless The Marketer Quarterly, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Sites, the Content, the User Content or any violation by you of these Terms of Use.

Governing Law

These Terms of Use, and their validity, construction and effect, shall be governed by and enforced in accordance with the internal laws of the State of New Jersey without reference to the conflicts of laws provisions therein. You specifically and irrevocably consent for any claims or disputes arising out of your use of the Sites or these Terms of Use to the jurisdiction of, and venue in, the federal or state courts sitting in New Jersey.   

Links

The Marketer Quarterly may provide links to third party content and other web sites on the Sites. We do not endorse, or accept any responsibility for such material. We are not responsible for the content or privacy practices of any linked sites.