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Terms of Use

This Terms of Use, including all linked to or referenced documents and resources (the "Agreement"), governs Your (defined below) use of the Steele Marketing Services ("SMS" or "Our") web site ("Site"). Our Site is available for Your use only on the condition that You agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. YOUR USE OF THE SITE SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS SITE.

1. USER ELIGIBILITY

The Site is provided by SMS and available only to entities and people who can form legally binding agreement(s) under applicable law ("You," "Your" or "User"). If You do not qualify, do not use the Site.

2. DESCRIPTION OF SITE

SMS provides Users with on-line access to information regarding SMS's business and consulting services (the "Service"). SMS may also provide new features or information on the Site which shall be subject to these Terms of Use. YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED "AS-IS" AND THAT SMS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OF ANY INFORMATION OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZED SETTINGS.

3. GENERAL PRACTICES REGARDING USE

You acknowledge and agree that
SMS may establish general practices and limits concerning the use of the Site, including without limitation, restrictions on accessing the Site in any given period of time. You agree that SMS has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Site. You acknowledge that SMS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice in accord with Section 16.

4. LICENSE AND SITE ACCESS

SMS grants You a limited personal, nontransferable, nonsublicenseable, revocable world wide license to access and make personal use or non-commercial use within your organization, of the Site. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMS and our affiliates without express written consent.

5. YOUR OBLIGATIONS

In consideration for Your use of the Site, You agree that if you decide to send us or call us with information about You: (a) You will provide true, accurate, current and complete information about Yourself ("Your Registration Information") and (b) to maintain and promptly update the Your Registration Information and any other information provided by You to SMS to keep it true and accurate, current and complete.

You are solely responsible for Your Registration Information. However, we reserve the right to take any action with such information we deem necessary or appropriate, in our sole discretion, if we believe that it or its use may create liability for
SMS.

You agree that You will use the Site in a manner that complies with all applicable, international, federal, state and local laws and You acknowledge that You are solely responsible for Your Registration Information.

You agree that You will not:

(a) impersonate any person or entity, including, but not limited to, a
SMS official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity through Your Registration Information;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of Your Registration Information transmitted through the Site;
(c) Use Your Registration Information to compromise in anyway the integrity of the Site;

6. SPECIAL ADMONITION FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct, Your Registration Information and the purchase of services from the Site. Specifically, but without limitation, You agree to comply with all applicable laws regarding the transmission of technical data imported or exported from the United States or the country in which You reside as well as sale restrictions in the country in which You reside.

All SMS products and publications are commercial in nature. Use, duplication and disclosure by the United States government is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19.

7. RESTRICTIONS ON USE

All pages within the Site and any material made available there for download are the property of SMS and/or its affiliates or other third parties. The Site and portions of the Site are protected by federal and international copyright and trademark laws. This Agreement does not grant any license to modify or alter the material(s) on the Site that are viewed, downloaded or otherwise accessed by You. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end user license agreements. You may not input or upload to the Site any information which contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Site or information or that infringes the Intellectual Property (defined hereafter) rights of another. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreement(s) are reserved by SMS.

8. SYSTEM INTEGRITY

You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action which imposes an unreasonable or disproportionately large load on the system providing the Site.

9. DISCLOSURE OF CONTENT/MONITORING

Although SMS has no obligation to monitor any information provided to the Site by its users, including without limitation, Your Registration Information, it reserves the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, respond to claims that any information violates the rights of third parties, or protect the rights, property or personal safety of SMS, its users or the public.

10. INTELLECTUAL PROPERTY OWNERSHIP

Any and all intellectual property rights associated with the Site including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of SMS, or third parties. Except as otherwise expressly authorized by this Agreement, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without SMS's or the appropriate third party's prior written permission. Except as provided herein, SMS does not grant to You any express or implied rights to SMS's or any third party's Intellectual Property. Any rights associated with the content of the Site, which is transmitted, downloaded, or otherwise processed by SMS, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant You rights in and to such content except as set forth in Section 4.

11. COPYRIGHTS

SMS respects the intellectual property of others, and we ask our Users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement and placed on the Site, please provide SMS the following information:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that You claim has been infringed;
(c) a description of where the material that You claim is infringing is located on the Site;
(d) Your address, telephone number and email address;
(e) a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its' agent or the law;
(f) a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Any notice of claims of copyright infringement on this Site should be directed to SMS.

12. WARRANTY DISCLAIMER

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE, IS PROVIDED, "AS IS," AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SMS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR SITE OR AGAINST INFRINGEMENT. THERE IS NO WARRANTY THAT THE INFORMATION OR SITE PROVIDED WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY HYPERLINKED WEBSITE.

SMS MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE AND RELIABLE; (d) THE QUALITY OF THE SITE, INFORMATION OR OTHER MATERIALS OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS AND/OR (e) ANY ERRORS IN THE CONTENTS OF THE SITE WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMS OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE AGREEMENT.

Although SMS attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness, accuracy or safety of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform SMS so that it can be corrected. Information contained on the Site may be changed or updated without notice.

13. LIMITATION OF LIABILITY

SMS, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, CONTENT YOUR REGISTRATION INFORMATION OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, AND/OR HYPERLINKED WEBSITE IS TO STOP USING THE SITE. THE FOREGOING REMEDIES UNDER THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. INDEMNITY

You agree to indemnify, defend and hold SMS and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made due to or arising out of: (1) Your Registration Information submitted, posted to or transmitted through the Site; (2) Your use or misuse of the Site; (3) Your connection to the Site; (4) Your violation of this Agreement; or (5) violation of any rights of another.

15. PRIVACY POLICY

Your Registration Information and certain other information about You is subject to our Privacy Policy. For more information, please read our Privacy Policy. You should be aware that web sites linked to the Site are likely governed by confidentiality and privacy provisions that differ from the provisions governing the Site. SMS is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

SMS hereby incorporates herein, by this reference, the SMS Privacy Policy into the terms of this Agreement.

16. MODIFICATIONS

SMS may, at any time, and without notice, modify, update, or otherwise change the terms of this Agreement or the Site, and You agree that You are deemed to be apprised of, and to be bound by such changes, immediately upon the posting thereof. Accordingly, we encourage You to visit the Site from time to time to review the current version of the Agreement.

17. TERMINATION

You agree that SMS, in its sole discretion, may terminate Your use of the Site, and remove and discard any content within the Site, for any reason. SMS may also, in its sole discretion, at any time, discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of Your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that SMS may immediately deactivate or delete Your account and all related information and files in or related to Your account and/or bar further access to such files or Site. Further, You agree that SMS shall not be liable to You or any third party for any termination of Your access to the Site.

18. DISCLOSURE

SOME OF THE INFORMATION ON THIS SITE MAY CONTAIN PROJECTIONS OR OTHER FORWARD LOOKING STATEMENTS REGARDING FUTURE EVENTS OR FUTURE FINANCIAL PERFORMANCE OF SMS. THESE STATEMENTS ARE ONLY PREDICTIONS AND ACTUAL EVENTS OR RESULTS MAY DIFFER MATERIALLY.

19. LINKS

The Site may provide or include links to other World Wide Web sites or resources. Because SMS has no control over such sites and resources, You acknowledge and agree that SMS is not responsible for the availability of such external Site or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SMS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SITES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.

20. LINKS TO OUR SITE

SMS prohibits caching of any portion of the Site and any unauthorized hypertext links to the Site. SMS reserves the right to disable any unauthorized links or frames. If You desire to provide a hyperlink from Your Website to the Site, SMS and You must mutually agree to the terms set out in our Hyperlink License Agreement.

21. JURISDICTION AND LAW

This Agreement shall be construed and enforced in accordance with the laws of the State of Washington, without reference to conflict of laws principles, and shall be deemed to be executed in
Washington, and any action or proceeding shall be brought in a Federal or State court of competent jurisdiction in the State of Washington and in no other jurisdiction.

22. NOTICES

Notice may be deemed given by certified mail, postage prepaid, and return receipt requested, to the address provided by You and to SMS at 6111 21st Ave NE, Seattle, WA 98115. Notice shall be deemed given five (5) business days after the date of mailing.

23. COMPLETE AGREEMENT

Except as expressly provided in a particular "legal notice" on SMS Site, these Terms of Use constitute the entire agreement between You and SMS with respect to use of the Site, superceding any other agreement between You and SMS. The section titles in this Terms of Use are for convenience only and have no legal or contractual effect. Sections 11, 13 through 17, 21, 22 and 23 shall survive termination of this Agreement. If any provision of this Agreement is found to be unenforceable, the other provisions shall still remain in full force and effect.

 

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