- JOIN US: To buy and sell marketing services on Marketing Outfield, users must register and agree to abide by our terms and conditions of use and summary of user responsibilities. Users/Sellers can log into Marketing Outfield to create a business profile and service offerings. Users/Buyers can log into Marketing Outfield to browse and purchase fixed priced marketing services from rated Sellers. The Marketing Outfield Assurance Policy helps to ensure that Buyers receive the offered service that they paid for, and, that Sellers get paid for delivering the services they promised.
- BUY A SERVICE: Buyer purchases their selected service with their credit card or PayPal debit. For your security, PayPal handles the financial transaction on behalf of Marketing Outfield. The purchase amount will not be transferred to the Seller until the Buyer receives the promised services. You receive an e-mail from Marketing Outfield confirming your purchase and directing you to our private message system where you can conduct discussions with the Seller regarding your purchased service.
- CUSTOMIZE IT: Buyer replies to Seller with the requested information. Once all the requested information is provided, the clock starts, and the Seller must deliver the promised services within the promised timeframe. Marketing Outfield automatically sends an e-mail to the Buyer/Seller each time a new comment is added to the private message system regarding this particular service order.
- RECEIVE PROMISED SERVICE: The Seller will confirm completion and delivery of the service. The Buyer has up to five days to dispute the order if the services delivered were not as promised, otherwise Marketing Outfield will release funds to the Seller.
- BUYER RATES SERVICE: Buyer rates and provides feedback regarding the Seller and the delivered service.
- WIDE CHOICE OF SERVICES AND SERVICE PROVIDERS: There is a wide choice of marketing service offerings and independent service providers in the Market Outfield marketplace. Buyers can compare and contrast service offerings to assure themselves that they are choosing a service at a competitive price.
- FIXED PRICE SERVICES: Buyers can select from service offerings that have clear deliverables with a fixed published price. This assures Buyers that selected services will be within budget.
- ON TIME SERVICE DELIVERY: Buyers can select from service offerings that have clear time frames for completion. Buyers can cancel their purchase if the services are not delivered on time, even if the Seller has already started working on the service. Late delivery and canceled orders negatively impact the published Seller ratings. Sellers are consequently encouraged to offer realistic time frames and deliver services on time, as published in their offering.
- RATED SERVICES FROM RATED SELLERS: Any Buyer that purchases a service on Marketing Outfield can rate the service received and provide other comments about the service provider for the benefit all future potential Buyers on Marketing Outfield. These ratings help all Buyers in selecting a great service offering and provider. Sellers are consequently encouraged to deliver quality services, on time and on budget, in order to enjoy high Buyer ratings and future potential sales.
- BUYER ANONYMITY: Only your username is known to other Marketing Outfield users. Your company name and email address are kept confidential so other users cannot discover your company’s purchase activity; purchases by well-known companies or by large marketing agencies can be conducted confidentially.
- TRANSACTION SECURITY: All purchases are handled by the online payment services company PayPal, an eBay (Nasdaq:EBAY) company, on the behalf of Marketing Outfield. The service allows people to send money without sharing financial information, with the flexibility to pay using their account balances, bank accounts and credit cards.
- BUYER ASSURANCE: Buyers are granted all rights for the delivered service unless otherwise specified by the Seller in their published service offering. If the delivered service is not as promised in the published offering and the Buyer is not satisfied, the Buyer should work with the Seller to correct the situation. However, if attempts between Buyer and Seller fail to deliver an acceptable outcome, then the Buyer can dispute the purchase and request a refund through Marketing Outfield. As a condition of registration, all Users agree to use the Marketing Outfield dispute resolution process where decisions by Marketing Outfield are final.
- TOP SERVICE PROVIDERS: The Marketing Outfield marketplace gives top service providers an advantage over their competition. Sellers that consistently deliver quality services at a competitive price, as described in their service offering, will enjoy the highest Buyer ratings. Higher Buyer ratings lead to higher order volumes. Other advantages accrue to top rated service providers, including the opportunity to guest blog on Marketing Outfield.
- SELLER ANONYMITY: Only your username is known to other Marketing Outfield users. Your company name and email address are kept confidential so that other users cannot discover your company’s prevailing published price list, for example; anonymity gives your company the opportunity to list a lower price on Marketing Outfield than your corporate website when you have spare capacity.
- SELLER ASSURANCE: If the Seller delivers a service that they promised in the published offering but the Buyer refuses to accept it, the Seller should work with the Buyer to correct the situation. However, if attempts between Buyer and Seller fail to deliver an acceptable outcome, then the Seller can dispute the order and request final payment through the Marketing Outfield dispute resolution process, where decisions by Marketing Outfield are final. Once an order is complete, the Seller's account is credited with an amount equal to the published offer price less Marketing Outfield fees; Sellers may withdraw their revenues to their PayPal account at any time.
Together we are pioneering a new way to build and grow companies.
- You must be at least 18 years old and have the legal authority to create a binding legal obligation for the purchase or delivery of services.
- Sellers agree that any information they receive from the Buyer will be held in confidence and will not be used for any purpose other than the delivery of the offered services to the Buyer.
- Sellers agree that the delivered service shall be the exclusive property of the Buyer, including all intellectual property rights and copyrights, unless clearly stated otherwise in their published service offer.
- You agree to promptly respond to all communications regarding a purchased service offering.
- You may not pay other users directly; all transactions must use The Marketing Outfield payment process. If you have been asked to use an alternative payment method please report it to Marketing Outfield customer support immediately.
- Buyers agree that they will use the Marketing Outfield dispute resolution process as their sole purchase resolution process and further agree to not dispute or reverse any payment through their bank, credit card or PayPal.
- To protect our User’s privacy, User identities must be kept anonymous. You agree not to request or provide e-mail addresses, Skype Usernames or any other personal or company contact details (other than the person’s first name).
- In case of a problem or dispute with a purchased service, Buyers and Sellers agree to try and reach a mutually acceptable outcome. If an acceptable outcome cannot be reached, the Users are encouraged to take advantage of the Marketing Outfield dispute resolution process, and agree that decisions and determinations from Marketing Outfield are final.
- To deliver a fair dispute resolution process for our Users, you agree that all communications, information and files exchange for each project will be performed on the Marketing Outfield private message systems.
- The content on Marketing Outfield is based on User Generated Content. Marketing Outfield does not check User uploaded or created content for violations of copyrights, trademarks or other rights. You are encouraged to report any violations to Marketing Outfield customer support.
- Posting or sending adult, illegal, abusive, improper, copyright protected, or spam is prohibited. You are encouraged to report any violations to Marketing Outfield customer support.
- You are responsible to scan all transferred files for viruses and malware. Marketing Outfield does not check User uploaded or created content for viruses and malware.
- See How Marketing Outfield Works and Marketing Outfield Assurance Policy for more information.
Welcome to Marketing Outfield. MarketingOutfield.com is provided solely to assist registered Users of Marketing Outfield in gathering information about marketing and marketing services, and, facilitating the buying and selling of marketing services between registered Users. To become a member and access site services through our website you must register for a user account.
This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below in this User Agreement (collectively, the "User Agreement" or “Agreement”). By accessing or using this Website in any manner, you agree to be bound by the User Agreement. Please read the User Agreement carefully.
If you do not accept all of these terms and conditions, please do not use this Website.
Be sure to return to this page periodically to review the most current version of the User Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the User Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified User Agreement.
Definitions and Interpretations:
The terms "we", "us", "our" and "MarketingOutfield.com" refer to Marketing Outfield, owned by a New York limited liability company (LLC). The term “Website” refers to MarketingOutfield.com. The term “User” or “you” refers to a registered User of MarketingOutfield.com. The term "Buyer" refers to a registered User of MarketingOutfield.com that selects and purchases a service offering from the Website. The term “Seller” and “marketing service provider” refers to a registered User of MarketingOutfield.com that offers a marketing service on the Website. In the interpretation of this User Agreement, unless the contrary intention appears, a reference to this User Agreement means a reference to an agreement between you and Marketing Outfield; the words "includes" or "including" mean "includes without limitation" or "including without limitation"; a reference to a person includes a reference to a corporation, firm, association or other entity, and vice versa; the singular includes the plural and vice versa; a reference to any gender includes a reference to all other genders; a reference to any legislation or to any provision of any legislation includes a reference to any modification or re-enactment of or any provisions substituted for such legislation or provisions; an agreement, representation or warranty made by two or more persons is made by them jointly and by each of them severally; and headings are inserted for convenience only and do not affect the interpretation of this User Agreement.
Use of this Website:
As a condition of your use of this Website, you warrant that
- you are at least 18 years of age,
- you possess the legal authority to create a binding legal obligation to form legally binding agreements under applicable law.
- you will use this Website in accordance with this User Agreement,
- you will only use this Website to purchase or sell marketing services for yourself or for another person or for a company for whom you are legally authorized to act. If you are using the Website on behalf of your employer, then both you and your employer will be bound jointly and severally in relation to this User Agreement and your employer will be responsible for your actions. Further you warrant that you have full authority to enter into this User Agreement on behalf of your employer.
- you agree to register and maintain only one User account,
- you agree to provide all identification documents which Marketing Outfield requests from you from time to time for the purposes of verifying your identity,
- you agree that all information supplied by you on this Website is true, accurate, current and complete, and
- you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you.
We reserve the right to modify, add or remove all services and features of this Website. We retain the right, at our sole discretion, to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of this User Agreement.
Relationship of Parties:
Marketing Outfield is a venue for you to enter into a separate agreement with another registered User of Marketing Outfield, and Marketing Outfield is not a party to that separate agreement and is not responsible for any act or omission of the other parties to that separate agreement. You agree that no agency, joint venture, partnership, franchise or employment relationship exists between you and Marketing Outfield as a result of this User Agreement or use of this Website.
Offering Marketing Services on this Website:
As the marketing service provider, you are responsible for clearly describing your marketing services offer and the maximum time it will take to deliver the service to the Buyer.
You agree that any information that you receive from the Buyer will be held in confidence and will not be used for any purpose other than the delivery of the offered services to the Buyer. You agree to keep user identities anonymous and not request or provide e-mail addresses, Skype usernames or any other personal contact details other than your first name. You may not offer, accept or pay using any other payment method other than Marketing Outfield's payment process.
Upon receipt of a purchase notification of your service offer, you will immediately request from the Buyer any information that you need to complete the service using the private message system associated with that specific purchase. Once the Buyer has provided you with information that you requested, the Buyer and marketing service provider will be deemed to have entered into a separate binding agreement in relation to the provision of services. Marketing Outfield and its third party service providers will not be a party to this separate agreement and will have no liability whatsoever in relation to the performance or failure to perform of a Buyer or marketing service provider under the terms of the separate agreement.
Any additional, separate terms and conditions must be clearly described in the marketing services offer that you publish on the Website.
You will comply with all laws which must be complied with in relation to the supply or purchase of marketing services on Marketing Outfield.You agree that you are responsible for the collection and/or payment of all taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any services via Marketing Outfield. Marketing Outfield is not responsible for collecting, reporting, paying, or remitting to you any such taxes. You will comply with any export restrictions which may apply to the export or import of marketing services or other Intellectual Property Rights to locations inside or outside the United States or the territory in which you are located.
As the Seller, you authorize Marketing Outfield to facilitate any payments, disbursements, refunds and cancelations on your behalf. You agree to use the Marketing Outfield dispute resolution process as the sole remedy for any disagreements about services purchased on Marketing Outfield. You agree that all communications information and files will be exchanged exclusively on Marketing Outfield private messaging systems. You further agree that any determination by Marketing Outfield will be final and conclusive, is not subject to challenge by you, and is binding upon you.
Upon delivery and confirmation of the Buyer receiving services as promised in your service offering, an amount equal to the purchase price less a fee for Marketing Outfield services will be credited to the Seller’s Marketing Outfield account. Funds can be transferred to your PayPal account upon your request.
You agree that any chargeback (a chargeback occurs when a Buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Buyers through the Website are your responsibility and you will not hold Marketing Outfield libel for any chargeback or associated fees.
You may not make withdrawals of any account credits during any period of suspension or cancelation of your User Account. Further, Marketing Outfield may at its sole discretion retain the balance of all credits in your User account to offset any loss and/or damage Marketing Outfield may have suffered as a result of your breach of this User Agreement which led to the suspension of your User Account.
Purchasing Marketing Services on this Website:
As the Buyer, you are responsible for researching and selecting the Seller and service offerings that best meets your specific requirement. You agree to keep user identities anonymous and not request or provide e-mail addresses, Skype usernames or any other personal contact details other than your name. You may not offer, accept or pay using any other payment method other than Marketing Outfield's payment process.
Once a Buyer purchases a service offering and provides the marketing service provider with information needed to deliver the service, the Buyer and marketing service provider will be deemed to have entered into a separate binding agreement in relation to the provision of services. Marketing Outfield and its third service party providers will not be a party to this separate agreement and will have no liability whatsoever in relation to the performance or failure to perform of a Buyer or marketing service provider under the terms of the separate agreement.
Additional, separate terms and conditions may apply to the purchase of the marketing services that you purchase. These will be stated in the Seller’s specific service offer published on the Website. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any marketing service provider with whom you elect to deal.
As the Buyer, you authorize Marketing Outfield to facilitate any payments, disbursements, refunds and cancelations on your behalf. You agree that your credit card or PayPal account will be charged by Marketing Outfield for the total marketing service price. You agree to use the Marketing Outfield dispute resolution process as the sole remedy for any disagreements about services purchased on Marketing Outfield. You agree that all communications information and files will be exchanged exclusively on Marketing Outfield private messaging systems. You further agree that any determination by Marketing Outfield will be final and conclusive, is not subject to challenge by you, and is binding upon you. You agree to not request a refund or chargeback through your credit card or PayPal payment processor at any time.
If Marketing Outfield issues you a refund, that refund will be paid to you using the same payment methods that you used to remit the payment to Marketing Outfield.
You will comply with all laws which must be complied with in relation to the supply or purchase of marketing services on Marketing Outfield.You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any services via Marketing Outfield. Marketing Outfield is not responsible for collecting, reporting, paying, or remitting to you any such Taxes. You will comply with any export restrictions which may apply to the export or import of marketing services or other Intellectual Property Rights to locations inside or outside the United States or the territory in which you are located.
Payments and User Account Credits:
You may purchase any goods and services offered on Marketing Outfield with a credit card or PayPal. Any refund will be paid to you using the same payment methods that you used to remit the payment to Marketing Outfield.
Any proceeds from the sale of an offered service are credited to the Marketing Outfield user account of the Seller. Each Dollar Credit in the account is equivalent to one US dollar.
The balance of any Marketing Outfield account credits held by you may be reduced at any time by Marketing Outfield for any amount owing by you to Marketing Outfield, on any account whatsoever, including in relation to compensating Marketing Outfield for any loss that it determines (in its sole and absolute discretion) it has suffered as a result of any breach of this User Agreement by you.
The balance of Dollar Credits in your user account will expire 12 months from the date you last accrued any Dollar Credits into the account. Balances of your Dollar Credits which are not spent within the 12 month period are lost.
Marketing Outfield is not an escrow service and does not hold property on behalf of any person. All amounts deposited or paid to Marketing Outfield are property of Marketing Outfield and Marketing Outfield may use those funds as it sees fit. The only rights that you have to receive payment of any amounts held by Marketing Outfield are described in the User Agreement.
Marketing Outfield Fees:
Upon acceptable delivery of a purchased service to the Buyer, funds are released to the Seller. Marketing Outfield deducts a fee from the purchase price for creating, hosting, maintaining and providing the Website. After deducting fees, the remaining payment amount is transferred to the Seller’s Marketing Outfield User account. The amount of the service fee deducted varies as detailed on the Website.
Marketing Outfield may choose to offer additional features for additional fees. Such features and fees are detailed on the Website.
User Content and Other Submissions:
You agree to not use your User Account in a fraudulent or illegal manner, or email or send any materials from your User Account which are offensive, unlawful, harassing, abusive, threatening, harmful, vulgar, obscene, libelous, defamatory or otherwise objectionable or in violation of applicable law.
By submitting content to this Website by electronic mail, private message system, postings on this Website or otherwise, including any marketing service reviews, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you (a) grant Marketing Outfield and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media; and (b) Marketing Outfield and its affiliates and sub licensees the right to use the name that you submit in connection with such Submission, if they choose. However, Marketing Outfield may choose to provide attribution of your comments or reviews at our discretion. You further grant Marketing Outfield the right to pursue at law any person or entity that violates your or Marketing Outfield rights in the Submissions by a breach of this User Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Website). You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website. You acknowledge that Marketing Outfield has the right to use, publish, remove and control any content you submit without notice to you.
Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act, Marketing Outfield reserves the right, but not the obligation, to cancel your User Account if we determine, in our sole and absolute discretion, that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials.
In addition, pursuant to 17 U.S.C. Section 512 (c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act. If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
- A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please create an image or PDF of your signed Notice to attach to your email message.
Notices with respect to this Website should be sent to: email@example.com. Marketing Outfield takes copyright infringement seriously and will review and address all notices that comply with the requirements above.
Limitation of Liability :
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEBSITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. MARKETING OUTFIELD DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE INFORMATION DISPLAYED ON THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF SERVICE ATTRIBUTES, GENERAL PRODUCT DESCRIPTIONS, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SELLERS. MARKETING OUTFIELD EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE AND/OR ON SERVICES PURCHASED MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING PURCHASE AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR SERVICE ORDER.
MARKETING SERVICES RATINGS DISPLAYED ON THIS WEBSITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND MARKETING OUTFIELD DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS.
MARKETING OUTFIELD MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES.
MARKETING OUTFIELD MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS WEBSITE AT ANY TIME.
MARKETING OUTFIELD MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS WEBSITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY MARKETING OUTFIELD. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MARKETING OUTFIELD DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS WEBSITE, ITS SERVERS OR ANY EMAIL SENT FROM MARKETING OUTFIELD ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MARKETING OUTFIELD HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE REGISTERED SELLERS OF MARKETING SERVICES ON THE WEBSITE ARE INDEPENDENT COMPANIES AND CONTRACTORS AND ARE NOT AGENTS OR EMPLOYEES OF MARKETING OUTFIELD. MARKETING OUTFIELD IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH REGISTERED SELLERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. MARKETING OUTFIELD HAS NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELATION, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
MARKETING OUTFIELD AND ITS THIRD PARTY SERVICE PROVIDERS SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED USE OR ACCESS OF YOUR USER ACCOUNT.
IN NO EVENT SHALL MARKETING OUTFIELD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF MARKETING OUTFIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If, despite the limitation above, Marketing Outfield is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liabilities of Marketing Outfield and Marketing Outfield’s officers, directors, employees, agents and suppliers, to you or any third parties in any circumstance, is limited to the greater of (a) the amount of fees you paid to Marketing Outfield in the 12 months prior to the action giving rise to liability, and (b) one hundred dollars.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of Marketing Outfield.
If you have a dispute with another Marketing Outfield User, you release Marketing Outfield (and its officers, directors, joint ventures, agents and employees) from claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend and indemnify Marketing Outfield and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- (a) your breach of this User Agreement or the documents referenced herein;
- (b) your violation of any law or the rights of a third party; or
- (c) your use of this Website.
Links To Third Party Sites:
This Website may contain hyperlinks to websites operated by parties other than Marketing Outfield. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Software Available On This Website:
Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this Website, is owned by Marketing Outfield and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Copyright and Trademark Notices:
All content of this Website are copyrighted © Marketing Outfield. All rights reserved. Marketing Outfield is not responsible for content on websites operated by parties other than Marketing Outfield. Marketing Outfield is a trademark or registered trademark in the U.S. and/or other countries of Marketing Outfield. Other product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of our brand, please let us know by e-mailing us at firstname.lastname@example.org.
Term of User Agreement:
This User Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Website, and shall continue until your user account is terminated by Marketing Outfield or you as provided herein.
Either party may terminate the contractual User Agreement at any time upon notice to the other party.
If you fail to respond to an e-mail message from Marketing Outfield regarding violation, dispute or complaint within two business days, Marketing Outfield may terminate or suspend your account. You will be considered to have received a communication when Marketing Outfield sends it to the e-mail address you have provided in your account.
If a user account has been inactive for more than 12 months, then Marketing Outfield will cancel the account. The balance of Dollar Credits in your user account will expire 12 months from the date you last added any Dollar Credits to the account. Any balances of your Dollar Credits which are not spent within the 12 month period are lost.
Marketing Outfield may issue a warning, or temporarily suspend, indefinitely suspend or cancel your User Account and refuse to provide any or all Website services to you if: (i) you breach the letter or spirit of any terms and conditions of this User Agreement, or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website or linked here; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe in our sole discretion that your actions may cause legal liability for you, our Users or for Marketing Outfield or are contrary to the interests of the Website or the Marketing Outfield user community. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account.
If Marketing Outfield suspends or cancels your account, Marketing Outfield has a right to notify other members engaged in active projects with you to inform them of your suspended or canceled account, and provide them with summary reasons for the action
Marketing Outfield reserves the right to terminate any User access or User Account for any reason or no reason, at its sole discretion, and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification.
When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals.
This Website is operated by a U.S. entity and this User Agreement is governed by the laws of the State of New York, USA. You hereby consent to the exclusive jurisdiction and venue of courts in New York City in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the website if you are a resident of a country embargoed by the United States, or an entity denied by the United States government.
This User Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and Marketing Outfield with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Marketing Outfield with respect to this Website. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our performance of this User Agreement is subject to existing laws and legal process, and nothing contained in this User Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within two (2) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.
If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and User Agreement shall continue in effect.
Revised and Effective as of February 1, 2012
©2012 Marketing Outfield. All rights reserved.