License, Terms of Use, Privacy Policy

THIS IS AN IMPORTANT DOCUMENT AND AGREEMENT. YOU SHOULD READ EVERYTHING AS WHAT IS IN THE MIDDLE AND END IS NOT LESS IMPORTANT THAT WHAT IS IN THE BEGINNING. BY ACCESSING AND USING LEGALLYCLEAR.COM OR OUR PRODUCTS OR SERVICES YOU ARE SUBJECT TO THIS AGREEMENT AND LICENSE EACH TIME YOU MAKE SUCH ACCESS OR USE.

Definitions

You may be referred to as Licensee. The terms ‘You’ or ‘Licensee’ includes you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns.

We may be referred to as Licensor. The terms ‘MarketingWuse.eu,’ ‘Marketing Wise,’ ‘Us,’ ‘We,’ or ‘Licensor’ includes and its owners, employees, subsidiaries, attorneys, and assigns. Marketing Wise is owned by Ultranex C.V.

‘Content’ refers to everything found within and purchased from the MarketingWise.eu domain.

Entire Agreement

This Agreement contains the complete and entire understanding and agreement between you and us and supersedes any previous communications, representations, or agreements, verbal or written, related to the subject matter of this Agreement. This Agreement may not be modified or amended orally, impliedly, or in any manner not set forth in writing or permitted by this Agreement.

This Agreement may be amended by Licensor at any time and without notice, but only by amending this document as posted on the Internet, unless otherwise agreed to in writing by you and Licensor.

Any amendments will become effective 30 days after being posted on the Internet, unless circumstances require that a change be immediately implemented. As a condition for this license you agree to periodically check this license Agreement and terms of use, posted at http://www.MarketingWise.eu.

License Grant

READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE CONTENT.

THE CONTENT IS COPYRIGHTED AND LICENSED. IT IS NOT SOLD. BY ACCESSING OR USING THE CONTENT YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THE CONTENT.

Licensor hereby grants to you, and you accept, a nonexclusive, nontransferable license to use the content only as authorized in this License Agreement. In particular, only to display the forms you purchase on your own websites.

Prohibited Acts

Except as authorized in this Agreement, no copies of or any portions thereof may be made by you or any person under your authority or control. You agree that you will not assign, sublicense, transfer, pledge, sell, lease, rent, lend, or otherwise dispose of the content, or any part thereof, or share your rights under this License Agreement, including passwords and user names. You agree that you will not disassemble, decompile, convert to another programming language, or otherwise translate the content, and that you will not rent, lease, or lend the content, or any component of it, in violation of 17 U.S.C. §§ 109(b)(1). You agree that you will not alter, publish, copy, cut, modify or transform the content, or any component of it, in any form to any storage medium, known or unknown, for any purpose whatsoever, except as authorized. You will be held legally responsible for any trademark or copyright infringement that is caused or encouraged by your failure to abide by the terms of this License Agreement.

Licensor reserves the right to deny access to any person or to terminate this license for any reason if Licensor reasonably believes that is not being used for its intended purpose, or for any other reason in the sole discretion of Licensor. If you are known for committing illegal acts involving other websites your license may be terminated.

Licensor’s Rights

You acknowledge and agree that the content is a proprietary product of Licensor, protected under the copyright law. You further acknowledge and agree that all right, title, and interest in and to the content, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to Legally Clear, but only a limited right of use revocable in accordance with the terms of this License Agreement. Licensor specifically reserves all rights not expressly granted in this License Agreement. All content, design, and programming (html, JavaScript, Java, graphics, forms, cgi, CSS, styles, style sheets, etc., except where noted) is copyrighted by Licensor. All rights reserved.

Term

This License Agreement is effective upon your accessing Legally Clear and shall continue until terminated. You may terminate this License Agreement at any time. Licensor may terminate this License Agreement upon the breach by you of any term hereof, as otherwise provided in this document, or for any reason whatsoever. If the license is terminated you must immediately stop all use of forms obtained by Legally Clear.

No Warranty

THE CONTENT IS LICENSED “AS IS,” AND LICENSOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

Licensor’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this License Agreement or use of the content shall not exceed the license fee paid to Licensor for the use of the content. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. You agree that the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any warranties made under this Agreement. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

No Guarantee of Correctness

The content has been prepared and/or obtained for general information, education, reference, and entertainment purposes only and is not intended to provide legal, medical, or professional advice. While every effort is made to ensure the correctness and completeness of the content we create, you acknowledge that Licensor, its owners, partners, employees, officers, directors, attorneys, and agents do not promise or guarantee that the content is correct, complete, or up-to-date. There is no guarantee that the content is correct, complete, or up-to-date for any specific circumstance.

The content may link to other locations via the Internet, and there is no endorsement, guarantee or warranty made or implied with respect to the content and information available at another site, and Licensor does not monitor any linked sites or evaluate the propriety or correctness of any information available at a linked site.

Trademark

Marketing Wise is a trademark and service mark of Licensor. No right, license, or interest to such trademark is granted to you, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark. You are not authorized to use our trademarks and servicemarks in any pay per click advertising.

Return and Refund Policy

Since online forms cannot be returned there is a no refund policy.

Privacy Policy

We respect your interest in your privacy, and as a result we have created this informational disclosure. Your use of the content constitutes your consent to the terms of this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not authorized to use the content.

We collect and use personal information for many purposes, including but not limited to, billing; product and service fulfillment; to better understand our customer needs; to provide a better website, products and services; to communicate with customers and potential customers regarding our products and services and third party products and services.

Generally, your private information will only be disclosed to our owners, employees, independent contractors, subsidiaries, partners, affiliates, attorneys, consultants, business associates, service providers, suppliers and agents, acting on our behalf or request. This general rule, and disclosures in specific situations, is more particularly described below.

Information Collected by our ISP

The hosting provider for this Internet site (as with any Internet site) has the ability to record various information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information, and to disclose this information. This is most commonly done by providing access to raw server logs. For more information you should perform an Internet search on ’server logs’ or ‘raw server logs.’ We have access to our raw server logs and access reports prepared by our hosting provider.

Financial Information for Billing Purposes

We sell products and services. When sales are made certain financial information must be disclosed. This information can include any number of facts you are asked to provide, but most commonly includes your name, financial / credit card information, billing address, and email address. Generally, this purchase information will be provided by you to a third party payment processor and we do not receive your financial / credit card information.

In the event we do receive financial / credit card information, we will not disclose it to anyone unless disclosure is required by a court order, or unless disclosure is required to address an issue implicated by the financial information. For example, if there is a double-billing details may need to be discussed with the payment processor. If your identity is stolen and your credit card is used to make a purchase you did not authorize, details about the financial transaction may be disclosed to law enforcement and anyone else with a need to know.

Use of eMail Addresses and other Contact Information

An important part of our services includes being able to provide information to you. As a result, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method. If you unsubscribe from our emailing list you will not receive important information about newly created or updated forms that are available.

We will not sell, provide, or transfer you email address to others.

However, we may allow advertising to our customers, or engage in joint ventures, which result in your receiving advertisements from selected third parties.

Identification of Purchasers

If you purchase one of our products or services, you authorize us to use your name and identification information in advertising or promotions.

We also use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing and other promotional purposes.

Cookies

Cookies are used to keep track of referred affiliate commissions and to monitor access to the password protected section. You consent to any future use of cookies for testing purposes and the use of cookies for publicly available data to gather statistics for the purpose of determining which search engines, referring sites, key words, etc., bring visitors to our website, which pages visitors are most interested in, what web browsers are used, etc. Various providers may be used for this purpose. The purpose is obtain information that will help promote the website, make the website more interesting and useful to visitors, and to identify areas where improvement is needed.

Additionally, various third party information suppliers and other entities that provide information for this website, or for use by us, may use cookies. Examples include, but are not necessarily limited to billing providers, third party advertisers, and third party resources we use for internal tracking purposes.

Additionally, various portions of this website are for members and are password protected. You may set-up your computer / web browser to save and supply username and/or password information, and this may create a cookie or a cookie equivalent. Additionally, third party advertisers may from time to time use cookies.

If cookies are used in the future, you agree that a cookie may be placed on your computer or the cookie may be read to allow us to determine which products you have already purchased so that we do not provide redundant information to you.

Testimonials and Use of Content

We always want testimonials to advertise and promote our products and services and new content to make use of. If you send us information about our products or services or your use of the same, or submit content to us or add it to Marketing Wise, you authorize us to use your name, likeness, and information you send us or provide in any manner, including advertisements or promotional materials without remuneration. This includes any emailed correspondence from you, forum posts, blog posts, etc.

Minors

We do not direct this website to minors, nor does we knowingly collect any personal information from children under the age of thirteen.

Disclosure by Necessity

Private information may be disclosed if required by a court order, statute, law, or regulation.

Information is subject to disclosure to address a claim that you are violating the terms of any agreement pertaining to your use of your use this website or our products or services, or rights of any third party.

Information is also subject to disclosure if believe that disclosure is necessary to identify, contact or bring an action against someone who may be causing injury to or interference (either intentionally or unintentionally) with our rights or property, your rights or property, other users of our web site, products or services, or anyone else.

In addition, as we continue to develop our business, we may sell or buy other businesses or entities, or we may merge with another company, or be bought by another company. In such transactions, personal information may be one of the transferred assets.

Your information may be stored and processed in any country in which we maintain facilities or conduct operations, which primarily includes the United States and Canada. By using our website, products and services, you consent to any such transfer of information outside of your country. For example, computers that we use to conduct operations are not always located in the United States and Canada.

After your account becomes inactive your information may remain in our databases, computers, and archives, and cannot reasonably be expunged.

Links

This website may contain links to numerous websites owned and controlled by third parties. Websites can quickly change on the Internet. If we have a dead link please let us know. We also do not monitor the content of third party websites, and you may find yourself accessing material that you find offensive or do not agree with. You agree that we do not have any liability for anything on someone else’s website.

Publicity Release

Information and/or statements provided to us, written or oral, constitutes your consent and permission for us to use such as a testimonial, which may include your name, likeness website, and other pertinent information. You agree that we will not owe you any payments or other renumeration. You waive the provisions of California Civil Code §§ 3344 and 3344.1, and consent to and authorize us to use your name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services.

Governing Law

This License Agreement may be negotiated, prepared, executed and delivered in potentially several jurisdictions, including the State of California. Accordingly, in order to establish with certainty that this Agreement will be governed by one body of well-developed law, to the extent permitted by law the parties hereto expressly agree that this License Agreement shall be governed by, and construed in accordance with, the laws of the State of California regardless of the location in the universe or jurisdiction from which is used, to the exclusion of any other applicable body of governing law. This Agreement is entered into in California and not any other jurisdiction, and it is agreed that this Agreement is entered into in Sacramento County California.

Arbitration Agreement

You and we agree that any and all disputes arising out of or related to this Agreement shall be decided by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association, which can be found at http://www.adr.org, and that such arbitration will exclusively be conducted at Sacramento, California.

You represent and agree that you are accessing Legally Clear for business purposes, and not for any consumer, personal, or household use, and that you are not deemed to be a ‘consumer’ and will not invoke arbitration rules applicable to California consumers.

You agree that the arbitrator can enter a default judgment against you if you do not follow AAA rules, and that default judgment can be entered and enforced in any court of competent jurisdiction.

Severability

Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.

No Waiver

The failure of Licensor to enforce any rights granted hereunder or to take action against any other party in the event of any breach hereunder shall not be deemed a waiver by Licensor as to subsequent enforcement of rights or subsequent actions in the event of future breaches.

Contact information

You agree to provide accurate and complete information to us when registering for or buying a product or service.

You can email the webmaster at any time and request a copy of this license, by sending an email to web at MarketingWise.eu.

You may contact us at Ultranex C.V., Marketing Wise, Eikenlaan 26, 8253 AM Ketelhaven, The Netherlands.

This policy was last updated on September 21, 2009. As part of your agreement to access this website, you agree that we can modify, add to, and delete this document in whole or in part, and that we do not need to send you notice of any changes. You will periodically review this policy for any changes. Unless circumstances necessitate otherwise, and changes will not go into effect until 30 days after the change is made and the ‘Last Updated Date’ is updated.

Policy Modifications:

None.

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