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Riquochet Web Site Agreement

The The Smart Marketers ToolKit Web Site (the "Site") is an online information service provided by Riquochet ("The Smart Marketers ToolKit "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. The Smart Marketers ToolKit MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are The Smart Marketers ToolKit, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to The Smart Marketers ToolKit a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums, weblogs and newsgroups) or by e-mail to The Smart Marketers ToolKit by all means and in any media now known or hereafter developed. You also grant to The Smart Marketers ToolKit the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against The Smart Marketers ToolKit for any alleged or actual infringement or misappropriation of any proprietary right in your communications to The Smart Marketers ToolKit.

TrafficServer 1.01 TRADEMARKS.

Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of The Smart Marketers ToolKit. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by The Smart Marketers ToolKit, The Smart Marketers ToolKit does not operate, control or endorse any information, products or services on the Internet in any way. Except for The Smart Marketers ToolKit- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with The Smart Marketers ToolKit. You also understand that The Smart Marketers ToolKit cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. The Smart Marketers ToolKit PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND The Smart Marketers ToolKit SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. The Smart Marketers ToolKit DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. The Smart Marketers ToolKit HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

LIMITATION OF LIABILITY

IN NO EVENT WILL The Smart Marketers ToolKit BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF The Smart Marketers ToolKit OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, The Smart Marketers ToolKit LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The Smart Marketers ToolKit makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-The Smart Marketers ToolKit web site, please understand that it is independent from The Smart Marketers ToolKit, and that The Smart Marketers ToolKit has no control over the content on that web site. In addition, a link to a The Smart Marketers ToolKit web site does not mean that The Smart Marketers ToolKit endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless The Smart Marketers ToolKit, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of The Smart Marketers ToolKit and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United Kingdom applicable to agreements made and to be performed in The United Kingdom. You agree that any legal action or proceeding between The Smart Marketers ToolKit and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United Kingdom . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. The Smart Marketers ToolKit's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. The Smart Marketers ToolKit may assign its rights and duties under this Agreement to any party at any time without notice to you.

Material Connection Disclosure:

This Compensation Disclosure has been provided for your protection and to fully disclose any relationship between this sites product or service recommendations and the owners of those product or services. It is always recommended that before you purchase products or services on the Internet, including those on this website, that you conduct your own research and exercise due diligence.

The owner of this website is required by law to inform you that a relationship exists between this website and the products or services it reviews, recommends or promotes.

1. Material Affiliation.
It is advisable to assume that any mention of a product or service on this website is made because there exist, unless otherwise stated, a material connection between the product or service owners and this website. It should be understood that any recommendation made by the owner of this site for any product or service has been made in good faith. These recommendations reflect the fact that the owner has either tried the product or service or has extensively researched them and can give an honest opinion to the merit of the product or service. When any website makes any recommendation of a product or service it is advisable to assume the possibility of a material connection or relationship with the owners of those products or services.

2. Product/Service Partiality.
Due to the material connection between the owner of this website and the owners of the products or services recommended here, it must be understood that a bias for these products or services might exist. These biases, although based on facts, could have developed because of compensation for such recommendations from the product or service owners although every effort has been made to provide accurate and true reviews of each product or service.

Regardless of whether the owner of this website has, or will receive compensation from product or service owners, it should be understood that a relationship exist between the two so there does exist, established or not, the potential for a material connection between product and service owner and the owner of this website.

Before entering into any agreement or purchasing any product from this website, it is advisable to understand the potential partiality of the website owner due to possible compensation from the owner’s of products or services recommended on this website. You should perform your own research and exercise due diligence prior to purchasing products or services from any website.

3. Compensation.
The owner of this website may receive compensation for recommendations made in reference to the products or services on this website. This compensation may be in the form of money, services or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended by this website, it is understood that some form of compensation might be made to the website owner. For example, if you click on an affiliate link at this website and then make a purchase of the recommended product or service, the website owner may receive compensation.

4. This Compensation disclosure statement has been made to inform you of the possibility that a material connection between a product or service mentioned, reviewed or recommended by this website and the product or service owner exist and that compensation to the website owner may be made should you purchase such product or service. Every effort has been made to provide true and accurate statements in regards to any and all products or services mentioned, reviewed or recommended by this website.

Any rights not expressly granted herein are reserved.


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