|Welcome to Midaco Group, LLC's PromoteSource.com website. By using the website, you agree to follow and be bound by the following terms and conditions concerning your use of the website.
The pages in the Website are copyright 2009, Midaco Group, LLC. All rights reserved. Midaco Group, LLC also reserves all copyrights in documents and any software available via the website, per the copyright notices on those documents and software. PromoteSource is a trademark of Midaco Group, LLC. Other names appearing on the website may be trademarks of their respective owners.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, this website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this website.
Use of Website Information
You may download, view, copy and print web pages, presentations, demos, documents and graphics incorporated in these documents (collectively the "Documents") from the website subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes "fair use" under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this website, in whole or in part, without the express, written authorization of PromoteSource.
Use of Forums and Public Communication
"Forum" means a discussion group, chat area, bulletin board, news group, blog, letter to PromoteSource, its Webmaster or employees, or any email functionality offered as part of the website. You agree not to upload, e-mail, post, publish or otherwise transmit through a forum any content that: (a) is false or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry, racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights, including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain letters; (g) violates any applicable laws or regulations; or (h) includes a virus or worm or other such software that may damage the computer or information of another.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, advertising, solicitation for goods or services, or other commercial matter. You agree not to solicit other users of the website to use or join or become members of any commercial online or offline service or other organization. Except where expressly authorized by PromoteSource, you agree not to collect or store personal data about other users.
By uploading, e-mailing, posting, publishing or otherwise transmitting content to any forum or submitting any content to PromoteSource, you automatically grant (or warrant that the owner of such rights has expressly granted) PromoteSource a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, transmit and distribute such content in any form, medium, or technology now known or later developed. In addition, you warrant that all so-called moral rights in the content have been waived.
Termination of Use
You agree that PromoteSource may, at its sole discretion, at any time terminate your access to the website and any account(s) you may have in connection with the website. Access to the website may be monitored by PromoteSource.
Third-Party Web Websites, Content, Products and Services
The Website provides links to other Websites and access to content, products and services from third parties, including users, partners, affiliates and sponsors of the website. You agree that PromoteSource is not responsible for the availability of, and content provided on, third-party Websites. You should refer to the policies posted by other websites regarding privacy and other topics before you use them. You agree that PromoteSource is not responsible for third-party content accessible through the website, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that PromoteSource is not responsible for: (a) the quality of third-party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that PromoteSource is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PROMOTESOURCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROMOTESOURCE MAKES NO WARRANTY THAT: (A) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY SERVICES OFFERED THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK. PROMOTESOURCE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. PROMOTESOURCE RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL PROMOTESOURCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF PROMOTESOURCE OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN PROMOTESOURCE TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE U.S CENT. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless PromoteSource, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of this website.
Export Restrictions/Legal Compliance/US Government Use
You may not access, download, use or export the website, or the content, software, products or services provided on the website in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of PromoteSource in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of PromoteSource outside the U.S. Neither the services of PromoteSource nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, to any country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing, and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All matters relating to your access to, and use of, the website shall be governed by U.S. federal law or the laws of the State of Florida. Any legal action or proceeding relating to your access to, or use of, the website shall be instituted in a state or federal court in Florida. You and PromoteSource agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.