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Terms of Use |
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conversationsmarketingsolutions.com, LLC website and products terms and
conditions of use.
Please read these terms and conditions of use carefully.
these terms and conditions of use may have changed since your last visit to this
website and to the products. by using this website or the products you indicate
your acceptance of these terms and conditions of use. if you do not accept
these terms and conditions of use then do not use this website or the products.
conversatonsmarketingsolutions.com, LLC provides
businesses and organizations with a marketing solutions tool to profile their
business portfolios to consumers giving potential customers an extensive
searchable business directory listing to search for business by category,
location, keyword association, rating, and business name. The Business Profiler
and Business Directory Listing and any relatied offerings are referred to in
these Terms and Conditions of Use as the "Products". The following are the terms
and conditions of Use for access to this web site and use of the Products. By
accessing the conversationsmarketingsolutions.com
services and using the searchable business directory listing or by logging in to
your conversationsmarketingsolutions.com account
accept these terms and conditions of Use.
1. Copyright Information
Copyright © 20010-20011
conversationsmarketingsolutions.com, LLC. All Rights Reserved. This
website, and the information contained within it are the property of
conversationsmarketingsolutions, LLC and is protected from unauthorized copying and dissemination
by United States copyright law and other intellectual property laws.
2. Representations and Acknowledgements
Subject in each case to the terms listed in the remainder of this Agreement you
hereby represent, acknowledge and agree that: The Business Directory Listings
may not be used to spam businesses. The Business Directory Listings may only be
used for lawful purposes. You agree you will not distribute unsolicited email in
connection with the Business Directory Listings.
3. Products and Support
The Products provided by
conversationsmarketingsolutions.com subject to these Terms and Condtions
of Use and any guidelines, rules, operating policies that
conversationsmarketingsolutions.com may establish and post from time to
time including without limitation
conversationsmarketingsolutions.com, LLC customer Privacy Policy. By
posting updated versions of the Agreement on the
conversationsmarketingsolutions.com website or otherwise providing notice
to you conversationsmarketingsolutions.com may
modify the terms of the Agreement and may discontinue or revise any or all other
saspects of the Products in its sole discretion. Except as otherwise provided in
the Agreement, all such changes shall become effective upon the posting of the
revised Agreement on the Product or at
conversationsmarketingsolutions.com website or the
conversationsmarketingsolutions.com website The Business Portfolio
Profiler Product is available only to persons who can form legally binding
contracts under applicable law. If the Products are being used by employees then
you the employee must have the ability to bind your employer by your use of the
Product. You must complete the Business Portfolio Profiler Product registration
from on the conversationsmarketingsolutions.com
sign up web page in order to advertise your business and use the Business
Portfolio Profiler. You shall provide true, accurate, current, and complete
information about yourself as requested in the registration form.. If you are
accessing or using conversationsmarketingsolutions.com
Product through a Third Party Service you agree and acknowledge that
conversationsmarketingsolutions.com is not
responsilbe or liable for any actions of such third part or for any aspect or
result of such Third Party Service. You use such Third Party Service at your own
risk. You futher agree and acknowledge that conversationsmarketingsolutions.com may terminate such Third
Party Service's abilitiy to interact with the
conversationsmarketingsolutions.com Product at any time, with or without
notice, and in conversationsmarketingsolutions.com
sole discretion, with no liability to you or the third party.
4. Fees and Payment
4.1 Fees for conversationsmarketingsolutions.com Portfolio Profiler Product.
All subscribers to this service are subjected to the subscription fees selected
on the conversationsmarketingsolutions.com
registration form on the
conversationsmarketingsolutions.com website. You selected the
subscription fees according to the Fee Schedule. The fee schedule is either 12
Months, or 6 Months, or 3 Months, or 1 Month. You will be required to submit
payment either Monthly, or every 3 Months, or every 6 Months, or every 12 Months
in advance for the Business Portfolio Profiler. Access to the Business Portfolio
Profiler Product will be disabled until payment is received. Fees will be billed
either Monthly, or every 3 Months, or every 6 Months, or every 12 Months for
your Business Listing on
conversationsmarketingsolutions.com website. Access to the
conversationsmarketingsolutions Business Portfolio
Profiler and the business directory listing will be disabled until payment is
received.
4.2 Fee Schedule
You are responsible for reviewing the Fee Schedule from time to time and
remaining aware of the fees charged by
conversationsmarketingsolutions.com. The Fee Schedule is subject to
change at any time in conversationsmarketingsolutions.com
sole discretion. conversationsmarketingsolutions.com
will use good faith efforts to notify you via email prior to the effectiveness
of any change to the Fee Schedule.
4.3 Payment
Payment for Business Portfolio Profiler Product will be made by either a vaild
credit card or check or money. Pre-payments will be accepted by
conversationsmarketingsolutions.com of at least
twelve (12) months. Fees are payable in U.S. dollars. If the monthly payment
option is selected or if you have previously provided your credit card for
payment you hereby authorize
conversationsmarketingsolutions.com to charge your credit card for such
amounts on a regular monthy. If the three (3) payment option is selected or if
you have previously provided your credit card for payment you hereby authorize
conversationsmarketingsolutions.com to charge your
credit card for such amounts every three (3) months. If the six (6) payment
option is selected or if you have previously provided your credit card for
payment you hereby authorize
conversationsmarketingsolutions.com to charge your credit card for such
amounts every six (6) months. If the twelve (12) payment option is selected or
if you have previously provided your credit card for payment you hereby
authorize conversationsmarketingsolutions.com to
charge your credit card for such amounts every twelve (12) months. If
conversationsmarketingsolutions.com is for any
reason unable to effect automatic payment via your credit card,
conversationsmarketingsolutions.com will attempt
to notify you via email and your
conversationsmarketingsolutions.com account will be disabled until
payment is received. Amounts paid for the Products are not refundable.
5. Permission Practices & Prohibited Content
5.1 Permission Practices.
Without limited the foregoing, you agree that you shall not utilize the
conversationsmarketingsolutions.com Portfolio
Profiler Product in Spam Related Activities. You cannot copy a
conversationsmarketingsolutions.com template or
any other features or functionality from the Products and use them for any
purpose other than maintaining your
conversationsmarketingsolutions.com Portfolio Profiler Product and using
the conversationsmarketingsolutions.com Directory
Listing as a consumer to search for businesses to patronize.
conversationsmarketingsolutions.com will terminate
your use of its Products if
conversationsmarketingsolutions.com determines that your level of spam
complaints is higher than industry norms. You agree to use the
conversationsmarketingsolutions.com Portfolio
Profiler Product in compliance with all applicable local, state, national, and
international laws, rules, and regulations, including any laws regarding
transmission of technical data exported from your country of residence and all
United States export control laws. Violation of any of the foregoing may result
in immediate termination of this Agreement and could subject you to state and
federal penalties and other legal consequences.
5.2 Images.
Images uploaded to conversationsmarketingsolutions.com
website may only be used in connection with the Products and for no other
purposes whatsoever.
5.3 Prohibited Content.
conversationsmarketingsolutions.com prohibits the
use of the Portfolio Profiler Product and The Directory Listing or website by
any person or entity that:
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Provides, sells, or offers to sell any of the following products or content:
pornographic sexual products including but not limited to magazines, videos and
software, escort services, illegal goods, illegal drugs, pirated computer
programs.
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Displays or markets material that exploits children, or exploits children under
18 years of age.
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Provides, sells or offer products, services associated with unsolicited
commercial email such as spam.
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Provides material that is offensive such as expressions of bigotry, prejudice,
racism, hatred or excessive profanity or post any obscene, lewd, violent, or
harassing content.
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Posts or discloses any personally identifying information or private information
about children without their consent or their parents' consent in the case of a
minor.
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Introduces viruses, worms, harmful code on the Internet.
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Engages in any libelous, defamatory, scandalous, threatening, harassing
activity.
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Posts any content that advocates, promotes or otherwise encourages violence
against government, organization, groups or individuals or which provides
instruction, information or assistance in cause or carry out such violence.
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Provides content, including images of authors, artists, photographers or other
without the express written consent of owner.
5.4 Right to Disable Access
conversationsmarketingsolutions.com at its own
discretion may immediately diable your access to the Products without refund if
conversationsmarketingsolutions.com believes in
its sole discretion that you have violated any of the policies listed above or
elsewhere in this Agreement
6. Restrictions and Responsibilities
6.1 No Rights in Software.
This is an Agreement for services and access to this website and you are not
granted a license to any software by this Agreement. You will not, directly or
indirectly, reverse engineer, decomplie, disassemble, or otherwise attempt to
discover the source code, object code, or underlying structure, ideas, or
algorithms of, or found at or through the Portfolio Profiler Product and The
Directory Listing or any Software, documentation, or data related to the
Software. You will not remove any proprietary notices or labels from the
Portfolio Profiler Product and The Directory Listing or any software, modify,
translate, or creae derivaive works based on the Portfolio Profiler Product and
The Directory Listing or any Software. You will not copy, distribute, pledge,
assign, or otherwise transfer or encumber rights to the Portfolio Profiler
Product and The Directory Listing or any Software. You may not display, copy,
reproduce, or distribute the Software any component thereof, any documentation
provided in connection with the Portfolio Profiler Product and The Directory
Listing or any Software, or any content including but not limited to
newsletters, distributed to you by conversationsmarketingsolutions.com in connection with the
Portfolio Profiler Product and The Directory Listing or any Software.
6.2 Use of the Products.
The Portfolio Profiler Product shall be used to promote and advertise your
business. and The Directory Listing shall be used by the consumer to search for
businesses with the intentions of potentially conducting business with the
companies listed. You will not use the Portfolio Profiler Product and The
Directory Listing or any Software for timesharing or service-bureau purposes or
otherwise for the benefit of a third party. If you are using the Portfolio
Profiler Product and The Directory Listing or any Software you will not reverse
engineer, decompile, disassemble, or discover the source code, object code, or
underlying structure, ideas, or algorithms of the
conversationsmarketingsolutions.com Software or the Portfolio Profiler
Product and The Directory Listing or any Software.
6.3 Compliance with Laws
You shall use the Portfolio Profiler Product and The Directory
Listing or any Software only in compliance with this Agreement, the federal
CAN-SPAM Act of 2003 and regulations thereunder and all other application U.S.,
state, local and international laws (including but not liited to policies and
laws related to spamming, privacy, obscenity, or defamation, copyright
infringment and child protective email address registry laws).
6.4 Indemnification.
You hereby agree to defend, indemnify and hold harmless conversationsmarketingsolutions.com
and its employees against any damages, losses, liabilities, settlements, and
expenses (including without limitation cost and reasonable atttorney's fees) in
connection with any claim or action that (i) arises from any alleged breach of
this Agreement, (ii) arises from or relates to your use of the Portfolio
Profiler Product and The Directory Listing or any Software. You acknowledge and
agree that conversationsmarketingsolutions.com has the right to seek damages when you use the
Portfolio Profiler Product and The Directory Listing or any Software for
unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with
the terms of this Agreement and that such damages may include without limitation
direct, indirect, special, incidental, cover, reliance and/or consequential
damages.
6.5 Your Information
conversationsmarketingsolutions.com may
use your business name, business description, business products and services,
and your business information to tailor its presentations to you, facilitate
your movement through the Portfolio Profiler Product and The Directory Listing
or any Software, or communicate with you directly.
conversationsmarketingsolutions.com will not provide your information,
including your contact and account information to third parties, except as
required by law or court order including without limitation judicial process and
law enforcement or in the good faith belief that such action is necessary to
comply with a court order or if your
conversationsmarketingsolutions.com account was terminated.
conversationsmarketingsolutions.com will never
sell or rent your information to anyone without your permission. In the event
conversationsmarketingsolutions.com amends or
revises the policy described in the immediately preceding sentence it will
provide advance notice of such amendment or revision.
6.6 Intellectual Property Rights in Your Content.
You agree that you will not upload or transmit any content of any
type to this website or in connection with the Portfolio Profiler Product and
The Directory Listing or any Software that infringe, misappropriate or violate
any rights of any party. By submitting ideas, concepts, inventions, or contents
to this website or using them in connection with the Portfolio Profiler Product
and The Directory Listing or any Software you agree that such submission is
non-confidential for all purposes. If you make any such submission, you agree
that you will not send or transmit
conversationsmarketingsolutions.com or to any third party using the
Portfolio Profiler Product and The Directory Listing or any Software any
communicaion or content that infringes or violates any righs of any party. If
you submit any business information ideas concepts or inventions or content to
conversationsmarketingsolutions.com by email, your
agree submission is non-confidential for all purposes.
6.6 Termination.
You may terminate this Agreement at any time by calling conversationsmarketingsolutions.com
Customer Support. There are no refunds for any fees paid.
you are responsible for terminating your account and this
agreement and conversationsmarketingsolutions.com
is not responsible for your failure to properly terminate your account and this
agreement and any credit card charges and fees you incur as a result of your
failure to properly terminate your account and this agreement.
conversatonsmarketingsolutions.com may terminate
this Agreement for the Portfolio Profiler Product and The Directory Listing or
any Software, disable your account or put your account on inactive status, in
eachcase at anytime with or without cause, and with or without notice.
conversationsmarketingsolutions.com shall have no liability to you or any
third party because of such termination or action.
conversatonsmarketingsolutions.com may delete any
of your archived data within 30 days after the date of termination.
7.0 Warranty Disclaimer, Remedies
use of the portfolio profiler product and the directory
listing or any software and any reliance by you upon the products including any
action taken by you because of such use or leliance is a your sole risk.
conversationsmarketingsolutions.com does not
warrant that the products will be uninterrupted or error free. nor does it make
any warranty as to the results that ay be obtained from use of the products. the
portfolio profiler product and the directory listing or any software are
provided "as is" and conversationsmarketingsolutions.com
disclaims all warranties, express or implied, including, but not limited o
implied warranties or merchantability, fitness for a particular purpose and
noninfringment.
Your sole and exclusive remedy for any faiure or nonperformance of the Portfolio
Profiler Product and The Directory Listing or any Software shall be for
conversationsmarketingsolutions.com to use commercially reasonable efforts to adjust or repair the
Products.
8.0 Limitation of Liability
To the maximum extent
permitted by applicable law under no circumstances and under no legal theory,
tort, contract, or otherwise shall conversationsmarketingsolutions.com or its'
employees be liable to you or any other person for any money damages, whether
direct, indirect, special, incidental, cover, reliance or consequential damages,
even if conversationsmarketingsolutions.com shall have been informed of the
possibility of such damages, or for any claim by any other party. in the event
that notwithstanding the foregoing conversationsmarketingsolutions.com is found
liable to you for damages from any cause whatsoever and regardless of the form
of the action whether in contract, tort, including negligence, product liability
or otherwise, the maximum aggregate liability of
conversationsmarketingsolutions.com to you arising in connection with this
agreement shall be limited to the amount you paid for the products in the 12
months prior to the accrual of the applicable claim less any damages previously
paid by conversationsmarketingsolutions.com to you in that 12 month period.
9.0 Restricted Persons, Export of Products or
Technical Data and Information
You warrant that you are not a Restricted Person. For purposes of this
Agreement, you are a Restricted Person if you or any officer, director, or
controlling shareholder of the entity on behalf of which you are using the
Portfolio Profiler Product and The Directory Listing or any Software is (i) a
national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or
any other country with which U.S. persons are prohibited from engaging in
transactions, as may be determined from time to time by the U.S. Treasury
Department, (ii) designated as a Specially Designated National or institution of
primary money laundering concern by the U.S. Treasury Department, (iii) listed
on the Denied Persons List or Entity List by the U.S. Commerce Department; (iv)
engaged in nuclear, missile, chemical or biological weapons activities to which
U.S. persons may not contribute withiout a U.S. Government license, or (v)
owned, controlled or acting on behalf of a Restricted Person. If you become a
Restricted Person during the term of this Agreement you shall notifiy
conversationsmarketingsolutions.com within twenty-four (24) hours, and conversationsmarketingsolutions.com shall have the
right to terminate any further obligations to you effective immediately and with
no futher liability to you biut without prejudice to your outstanding
obligations to conversationsmarketingsolutions.com.
You agree that you shall not utilize the Portfolio Profiler Product and The
Directory Listing or any Software to conduct or facilitate any transaction with
any Restricted Person except as may be expressly authorized in advance in
writing by the U.S. Government. You may not remove or export from the United
States or allow the export or re-export of the Portfolio Profiler Product and
The Directory Listing or any Software, or any direct product thereof, including
technical data and information in violation of any restrictions, laws, or
regulations of the United States or any other applicable country.
10.0 Links to Third-Party Web Sites
conversationsmarketingsolutions.com may
contain links to non-conversationsmarketingsolutions.com
websites. The links are a service provided to you as a convenience and
conversationsmarketingsolutions.com is not
responsible for the content of any linked website. Any website accessed from
conversationsmarketingsolutions.com is independent
from conversationsmarketingsolutions.com and
conversationsmarketingsolutions.com has no control
over the conten of that website. A link to any non-conversationsmarketingsolutions.com
website does not imply that
conversationsmarketingsolutions.com endorses or accepts any
responsibility for the content or use of such website.
11.0 Username and Password
You are responsible for maintaining the security of your account,
passwords, and files. conversationsmarketingsolutions.com
has no knowledge of your organization structure if you are registering for the
Portfolio Profiler Product and The Directory Listing or any Software as an
entity or your personal relationships if you are a person.
conversationsmarketingsolutions.com shall not be
responsible for the actions of any individuals who misuse or misappropriate your
contact lists or other assets using your username and password.
For additional information contact
conversationsmarketingsolutions.com by email at
conversations@conversationsmarketingsolutions.com.
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877.700.3249
202.388.7700 |
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conversations@conversationsmarketingsolutions.com |
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1007 18th Street NE, 102
Washington, DC 20002 |
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