Bill Good Marketing Legal Information

WEB SITE TERMS AND CONDITIONS OF USE

This page states the Terms and Conditions under which you may use this Web Site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web Site. Bill Good Marketing, Inc., ("Company") may revise these Terms and Conditions at any time by updating this posting. You ("User") should visit this page periodically to review the Terms and Conditions, because they are binding on You, the User.

Section 1. Use of Materials.

The Company authorizes User to view and download a single copy of the material on this Web site ("Web Site") solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. These special rules are listed as "Legal Notices" on the Web Site and are incorporated into this Agreement by reference.

The contents of this Web Site, such as text, graphics, images, audio, video clips, photographs, illustrations, multimedia materials, and other materials, (the "Materials") are solely owned and the property of Company, except for those materials which are owned by third party suppliers of Company. User acknowledges that User does not acquire any ownership rights in the Materials by downloading or accessing the Materials.

User may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, reproduce, display, publicly perform, distribute, or otherwise use or exploit the Materials in any way for any public or commercial purpose. User agrees not to assign, transfer or sublicense User's rights to any Materials and services on the Web Site, including, but not limited to, free and fee-based Materials and services. As such, the use of the Materials on any other Web site or in a networked computer environment for any purpose is prohibited.

The Materials are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Therefore, User must retain all copyright, trademark, and other proprietary notices contained in the original Materials on any authorized copy User makes of the Materials. Such copyright notice should read:

© Bill Good Marketing, 2003. All rights reserved.

User agrees not to use any trademarks, service marks, names, logos, or other identifiers of the Web Site, Company, or Company's employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of Company or the relevant Affiliate. In addition, User may not use Company or Affiliate's trademarks:

    1. in, as, or as part of, your own trademarks or those of any third parties;

    2. to identify products or services that are not those of Company and the Web Site;

    3. in a manner likely to cause confusion; or

    4. in a manner that implies inaccurately that Company or the Web Site sponsors, endorses, or is otherwise connected with, your own activities, products and services or those of third parties.

User agrees not to interrupt, or attempt to interrupt, the operation of the Web Site in any way, through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly or impliedly prohibited by any provision of these terms and conditions.

All rights not expressly granted are herein reserved.

Section 2. User Submissions.

Generally, any communication that User posts to the Web Site is non-confidential. If particular Web pages permit the submission of communications that will be treated by Company as confidential, that fact will be stated in "Legal Notices" on those pages. By posting communications to the Web Site, User automatically grants Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, exploit, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

User is responsible for User's own communications and is responsible for the consequences of User posting information or other communications. User acknowledges that: (1) User has no expectation of privacy in any communications; and (2) no confidential, fiduciary, contractually implied or other relationship is created between Company and User by reason of User transmitting a communication to the Web Site. Users must not nor assist any other individual or \entity to do any or all of the following:

  1. post material that is copyrighted, unless User is the copyright owner or has the permission of the copyright owner to post it;

  2. post material that reveals trade secrets, unless User owns them or has the permission of the owner;

  3. post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

  4. post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;

  5. post a sexually-explicit image;

  6. post advertisements or solicitations of business;

  7. post chain letters or pyramid schemes; or

  8. impersonate another person.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users or endorses any opinions expressed by Users. User acknowledges that any reliance on material posted by other users will be at User's own risk.

Company does not screen communications in advance and is not responsible for screening or monitoring material posted by Users, however, Company has the right, at its sole discretion to both screen and monitor materials posted by User. If notified by a user of communications, which allegedly do not conform to this Agreement, Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Company has no liability or responsibility to User for performance or nonperformance of such activities. Company reserves the right to expel User and prevent their further access to the Web Site for violating this Agreement or the law and Company reserves the right at all times to edit, disclose, or refuse to post, request removal of or remove any Materials or other communications which are, in Company's sole discretion, abusive, illegal, objectionable, or disruptive.

Section 3. Links to Other Sites.

The Web Site may contain links to third party Web sites. These links are provided solely as a convenience to Users and not as an endorsement by Company of the contents on such third party Web sites. The inclusion of the links does not imply that Company sponsors or is affiliated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that the linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Company or any of its affiliates. Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If User decides to access any linked third party Web sites, User does so at User's own risk. Any concerns that User may have regarding any external link should be directed to that web sites administer or Webmaster.

Section 4. Software Licenses.

All software that is made available for downloading from the Web Site ("Software") is protected by copyright and may be protected by other rights. The use of such Software is governed by the terms of the software license agreement or designated "Legal Notice" accompanying such Software ("Software License Agreement"). The downloading and use of such Software is conditioned on your agreement to be bound by the terms of the Software License Agreement and the terms and conditions of this Agreement. In the event of a conflict between this Agreement, the Software License Agreement, and the Legal Notice, the Software License Agreement shall be controlling.

Section 5. Access, Fee-Based Access, and Services.

Some of the Materials and/or services on the Web Site may be offered to the User conditioned on the User's purchase of a subscription. If the User elects to purchase subscription-based Materials/services and transmit to Company a subscription purchase request, User warrants that all information that User submits is true and accurate (including without limitation your legal name, legal address, telephone number, credit card number and expiration date ("Subscription Data")), and User agrees to pay all subscription fees User incurs plus all applicable taxes. User may cancel User's subscription to any fee-based Materials/services by contacting Company. If User has purchased an automatically renewing subscription, User will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No cancellation of access to free Materials and/or services or to non-renewing subscriptions is required.

User may check to determine whether User's Registration Data is current and accurate, and, if not, to correct or update the Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at Bill Good Marketing's option, result in immediate suspension or termination of User's right to use the Fee-Based Services.

User's subscription is personal to User and User may not transfer or make available User's account name and password to others, including without limitation User's co-workers. Any distribution by User of User's account name and password may result in cancellation of User's subscription without refund and, in addition, charges based on unauthorized use. User agrees to be financially responsible for all usage or activity on User's Fee-Based Services account.

User agrees to promptly update Users Registration Data, in the event that User knows of or suspects unauthorized use of User's subscription, or that User knows of or suspects a breach of security, including loss, theft, or unauthorized disclosure of User's password. In the event of a breach of security, User will remain liable for any unauthorized use of User's subscription until User updates User's Registration Data.

User is responsible for all charges associated with connecting to the Web Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone, computer equipment, and any service fees.

Section 6. User of User Information.

The Company may use the information it obtains relating to User, including User's IP address, name, mailing address, email address and use of the Web Site, for its internal business and marketing purposes ONLY. Company will NOT disclose, sell, or otherwise distribute User information to third parties.

Section 7. Company’s Liability.

The Materials may contain inaccuracies or typographical errors. Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Web Site and the Materials. The use of the Web Site and the Materials is at User's own risk. Changes are periodically made to the Web Site and may be made at any time.

Unless otherwise expressly provided in a Software License or Legal Notice, the aggregate liability for Company to you for all claims arising from the use of the Materials (including Software) is limited to $100.

Section 8. Warranties and Disclaimers.

User represents and warrants to Company that User is at least eighteen (18) years old and that User possesses the legal right and ability to enter into this Agreement and to use the Web Site in accordance with this Agreement. User further warrants and represents that User has the legal authority to enter into this agreement, whether on behalf of themselves or in the event that User desires to obtain a corporate access to the Web Site, that User has the legal authority and permission of the corporation, company, limited liability company, partnership, or the like ("Entity"), to legally bind the Entity to the terms and conditions of this Agreement and any other agreements incorporated within this Agreement, such as but not limited to the Software License Agreement, and the Legal Notices.

COMPANY DOES NOT WARRANT THAT THE FUNCTIONS, FEATURES OR MATERIAL CONTAINED ON THE WEB SITE WILL BE UNINTERUPTED OR OPERATE ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. COMPANY DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF (1) THE WEB SITE, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE WEB SITE, (2) ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES ON THE WEB SITE, OR (3) THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. COMPANY MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, THE MATERIALS AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO COMPANY'S NEGLIGENCE. IF USER'S USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING OF USER'S EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. IF USER IS DISSATISFIED WITH THE WEB SITE OR ANY MATERIALS ON THE WEB SITE, USERS SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS SUCH COMPANY SHALL NOT BE LIABLE FOR, INCLUDING, WITHOUT LIMITATION, DIRECT AND INDIRECT INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE, THE MATERIAL, OR THE SOFTWARE.

Section 9. Indemnity.

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from User's use of the Materials (including Software) or User's breach of the terms of this Agreement. The Company shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding.

Section 10. Foreign and Export of the Materials.

This Web Site is based in Salt Lake City, Utah, United States of America. The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including any software) may not be legal by certain persons or in certain countries. If User accesses the Web Site from outside of the United States, User does so at User's own risk and is responsible for compliance with the laws of User's jurisdiction.

The United States controls the export of products and information. User agrees to comply with such restrictions and not to export or re-export the Materials (including the Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including the Software), User is agreeing that User is not in a country where such export is prohibited or is a person or entity to which such export is prohibited. User is responsible for compliance with the laws of User's local jurisdiction regarding the import, export, or re-export of the Materials.

Section 11. Termination.

Company shall have the right for any reason, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Web Site, including but not limited to the Materials, features, or hours of availability. Company may also impose limits on certain features and services or restrict access to parts or all of the Web Site without notice or liability. Additionally, Company shall have the right, in its sole discretion, to terminate User's access to any or all portions of the Web Site at any time, without notice.

In the event that User violates any of these Terms, User's permission to use the Materials automatically terminates and User must immediately destroy any and all copies User has made of the Materials.

Section 12. General.

A waiver by either party of a breach of any term or condition of this Agreement shall not constitute a waiver of any further breach of a term or condition of this Agreement and no waiver shall be effective unless in writing signed by the party. This Agreement contains the entire agreement and supersedes all prior agreements and negotiations that relate to the subject matter of this Agreement, whether oral or written, between the parties, except as expressly provided in a particular "Legal Notice," Software License, or material on a particular Web page of the Web Site. User acknowledges that no promise, representation, warranty, or covenant not included in this Agreement has been or is relied upon. User has relied upon User's own examination of the full Agreement and the provisions thereof, and the warranties, representations, and covenants expressly contained in the Agreement itself. This Agreement shall be construed in accordance with and its performance shall be governed by the laws of the State of Utah, notwithstanding the choice of law rules of such State. The courts of Utah shall have exclusive jurisdiction to determine all claims, disputes, actions, or suits that may arise hereunder and the parties expressly consent to such exclusive jurisdiction and venue before the proper authority in Utah. If any one or more provisions of this Agreement shall be found to be illegal or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Words in the singular shall include the plural and words in the plural shall include the singular. Words in any gender shall include the other gender. The paragraph headings used herein are for the convenience of the parties and shall not be deemed to modify or construe the provisions hereof. Further, if either party defaults in the performance of its obligations under this Agreement, then the defaulting party agrees to pay reasonable costs and attorneys' fees to enforce this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the heirs and personal representatives and/or the successors and assigns of the parties. Neither party shall assign this Agreement in whole or in part without the prior written consent of the other party. Either party may assign this Agreement without the others consent where substantially all of such parties assets are acquired through merger, acquisition or other business combination.

Section 13. Receiving Complaints and Infringement Claims

Pursuant to 17 U.S.C. 512(c), notice is hereby given that the person identified below is designated as Bill Good Marketing, Inc.'s agent for receiving complaints concerning this website, including for purposes of receiving notification of any claims of intellectual property infringement:

Name: R. Todd Fulks
Address: 867 East 9400 South, Sandy, UT 84094
Telephone: 801-572-1480
E-mail: legal@billgoodmarketing.com

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