|
This
Agreement
is
between
You,
the
user
of
the
eGrowth
Marketing
Web
Site
("eGrowth
Marketing").
This
Agreement
sets
forth
the
terms
and
conditions
governing
Your
use
of
eGrowth
Marketing's
Web
Site,
currently
at
www.egrowthmarketing.com
(the
"Site")
eGrowth
Marketing
and
Your
use
of
eGrowth
Marketing's
systems
and
services,
and
is
in
addition
to
any
executed
agreements
You
may
have
with
eGrowth
Marketing.
Please
read
this
Agreement
carefully
before
accessing
the
Site
or
using
the
Services
contained
therein.
By
accessing
the
Site
or
using
the
services,
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.
eGrowth
Marketing
may
modify
this
Agreement
at
any
time,
and
such
modifications
shall
be
effective
immediately
upon
posting
of
the
modified
Agreement.
eGrowth
Marketing,
in
its
sole
discretion,
may
also
add,
delete
or
change
some
or
all
of
the
features
of
the
Site
or
eGrowth
Marketing
services
at
any
time.
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.
Conduct
as a
User.
As a
user
on
this
Site,
You
will
represent
Yourself
accurately
and
truthfully
at
all
times.
You
grant
eGrowth
Marketing
the
right
to
independently
verify
any
information
that
You
post
on
our
Site
about
Yourself,
although
eGrowth
Marketing
does
not
routinely
undertake
any
verification.
Company
reserves
the
right
to
constitute
different
classes
of
users
of
the
Site,
granting
access
to
certain
areas
of
the
Site
only
to
certain
users,
e.g.
corporate
users
and
individual
users
may
have
access
to
different
areas
of
the
Site.
2. User
Eligibility.
eGrowth
Marketing
services
and
this
Site
are
available
only
to
individuals
who
are
eighteen
(18)
years
of
age
or
older.
This
Site
and
the
services
are
available
only
to
individuals
or
businesses
that
can
form
legally
binding
contracts
under
applicable
law.
3. Intellectual
Property
and
Submissions.
The
materials,
data
and
other
information
used
and
displayed
on
the
Site
or
available
through
eGrowth
Marketing
services
are
the
property
of
eGrowth
Marketing
or
its
licensors
and
are
protected
by
copyright,
trademark
and
other
laws
both
in
the
United
States
and
in
other
countries.
"eGrwoth
Marketing"
is a
registered
trademark
of
eGrowth
Marketing
in
the
United
States
and
other
countries.
Other
marks
which
appear
on
this
Web
site
may
be
marks
of
third
parties
that
are
not
affiliated
with
eGrowth
Marketing.
eGrowth
Marketing
and
its
affiliates
do
not
control
or
endorse
the
content
of
third
party
Web
sites.
You
agree
not
to
change
or
delete
any
proprietary
notices
from
materials
downloaded
from
the
Site.
The
entire
contents
of
the
Site,
including
the
selection,
coordination,
arrangement
and
enhancement
of
the
content,
are
copyrighted
under
the
United
States
copyright
laws
by
Quantum
Solutions,
Inc.
The
content
provided
on
the
Site
may
be
displayed,
printed
and
downloaded
from
the
different
areas
of
the
Site
solely
for
your
own
personal,
internal
and
non-commercial
use.
Except
as
allowed
in
the
previous
sentence,
You
agree
not
to
modify,
reproduce,
retransmit,
distribute,
disseminate,
sell,
publish,
broadcast,
perform
or
circulate
any
such
material
without
the
prior
written
consent
of
eGrowth
Marketing
or
the
appropriate
licensor.
Unless
eGrowth
Marketing
has
entered
into
a
separate
written
agreement
with
You
that
specifically
states
to
the
contrary,
you
agree
that
any
information,
feedback,
questions,
comments,
or
the
like
that
you
provide
to
eGrowth
Marketing
in
connection
with
this
Site
or
eGrowth
Marketing
services
("Submissions")
will
be
deemed
to
be
provided
to
eGrowth
Marketing
on a
non-confidential
and
non-proprietary
basis
and
will
become
and
remain
the
property
of
eGrowth
Marketing.
eGrowth
Marketing
shall
have
no
obligation
of
any
kind
with
respect
to
Submissions
for
any
purpose
whatsoever,
without
limitation.
You
also
agree
that
eGrowth
Marketing
shall
be
free
to
use
any
ideas,
concepts
or
techniques
embodied
in
the
Submissions
for
any
purpose
whatsoever,
including
but
not
limited
to,
developing,
manufacturing
and
marketing
products
or
services
incorporating
such
ideas,
concepts
or
techniques.
4. Privacy
Policy.
eGrowth
Marketing
will
only
use
information
You
provide
eGrowth
Marketing
in
accordance
with
its
then
current
Privacy
Policy,
which
is
incorporated
herein
by
reference.
5. System
Integrity.
You
may
not
use
any
device,
software
or
routine
to
interfere
or
attempt
to
interfere
with
the
proper
working
of
this
Site
or
any
transaction
conducted
on
eGrowth
Marketing
Site.
You
may
not
take
any
action
which
imposes
an
unreasonable
or
disproportionately
large
load
on
eGrowth
Marketing
infrastructure.
6. No
Warranty.
eGrowth
Marketing
provides
the
Site
and
its
services
"As
Is"
and
without
any
warranty
or
condition,
express
or
implied.
To
the
full
extent
permissible
under
applicable
law,
company
specifically
disclaims
the
implied
warranties
of
title,
merchantability,
fitness
for
a
particular
purpose
and
non-infringement.
Company
does
not
guarantee
continuous,
uninterrupted
or
secure
access
to
its
services,
and
operation
of
eGrowth
Marketing
Site
may
be
interfered
with
by
numerous
factors
outside
its
control,
including,
but
not
limited
to
telecommunications
network
disruptions.
Nor
does
eGrowth
Marketing
guarantee
the
accuracy,
timeliness
or
completeness
of
any
information
on
its
Site
or
the
results
of
Your
use
of
eGrowth
Marketing
Services.
7. Limitation
of
Liability.
In
no
event
will
eGrowth
Marketing
or
its
licensors
be
liable
for
(I)
any
incidental,
consequential,
special
or
indirect
damages,
including,
but
not
limited
to,
damages
for
loss
of
profits,
business
interruption,
loss
of
programs
or
information,
and
the
like
(however
arising,
including
negligence),
arising
out
of
the
use
of
or
inability
to
use
the
Site,
or
any
information,
or
transactions
provided
on
the
Site
or
downloaded
or
hyperlinked
from
the
Site,
even
if
eGrowth
Marketing
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
Site
and/or
materials
or
information
downloaded
through,
or
hyperlinked
from,
the
Site.
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,
eGrowth
Marketing
liability
is
limited
to
the
greatest
extent
permitted
by
law.
To
the
fullest
extent
permissible
under
applicable
law,
eGrowth
Marketing
aggregate
liability,
and
the
aggregate
liability
of
its
licensors,
to
You
or
any
third
parties
in
any
circumstances
is
limited
to
one
dollar
($1).
8. Indemnification.
You
agree
to
indemnify,
defend
and
hold
harmless
eGrowth
Marketing,
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
by
You.
9. Term;
Termination.
eGrowth
Marketing
reserves
the
right
to
terminate
Your
access
to
the
Site
without
notice
for
any
reason.
10.
Compliance
with
Laws.
You
shall
comply
with
all
applicable
laws,
statutes,
ordinances,
and
regulations
regarding
Your
use
of
the
Site
and
eGrowth
Marketing
services.
11. Integration
and
Separation.
This
Agreement,
the
Privacy
Policy
and
any
other
terms
referenced
in
this
Agreement
constitute
the
entire
agreement
between
You
and
eGrowth
Marketing
with
respect
to
Your
access
and
use
of
this
Site
and
eGrowth
Marketing
services
and
supersedes
all
prior
or
contemporaneous
agreements
(whether
oral,
written,
or
electronic)
between
You
and
eGrowth
Marketing
with
respect
to
this
Site
or
eGrowth
Marketing
services.
If
any
of
the
provisions
of
this
Agreement
are
determined
to
be
invalid
or
unenforceable,
then
each
invalid
or
unenforceable
provision
will
be
construed
in a
manner
consistent
with
applicable
laws
to
reflect,
as
nearly
as
possible,
the
original
intentions
of
the
parties
and
the
remaining
provisions
shall
remain
in
full
force
and
effect.
12. Waiver
and
Assignment.
eGrowth
Marketing
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.
eGrowth
Marketing
may
assign
its
rights
and
duties
under
this
Agreement
to
any
party
at
any
time
without
notice
to
you.
13. Miscellaneous.
This
Site
is
controlled
by
eGrowth
Marketing
from
its
offices
within
the
State
of
Nebraska,
USA.
The
laws
applicable
to
the
interpretation
of
these
Terms
and
Conditions
of
Use
shall
be
the
laws
of
the
State
of
Nebraska,
USA,
and
applicable
federal
law,
without
regard
to
any
conflict
of
law
provisions.
You
agree
that
any
legal
action
or
proceeding
between
eGrowth
Marketing
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
Nebraska,
USA.
Any
cause
of
action
or
claim
you
may
have
with
respect
to
the
Site
must
be
commenced
within
one
(1)
year
after
the
claim
or
cause
of
action
arises
or
such
claim
or
cause
of
action
is
barred.
eGrowth
Marketing
makes
no
representations
that
the
content
in
this
Site
is
appropriate
for
access
outside
of
the
United
States.
Those
who
choose
to
access
this
Site
from
outside
the
United
States
do
so
on
their
own
initiative
and
are
responsible
for
compliance
with
local
laws.
|