Effective: June 14, 2024.
YOUR ACCESS TO AND/OR USE OF THIS SITE (THE “MARKETBRIDGE SITE”) OR ANY CONTENT PROVIDED HEREON, INCLUDING, WITHOUT LIMITATION, SUBMISSION OF YOUR CONTACT INFORMATION, CONSTITUTES YOUR AGREEMENT WITH AND ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (THE “TERMS”) GOVERNING USE OF THE MARKETBRIDGE SITE. THE TERMS FORM A BINDING AGREEMENT BETWEEN YOU AND US, WHETHER OR NOT YOU REGISTER OR BROWSE THE SITE. YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL CONTRACTING AGE AND HAVE LEGAL CAPACITY TO CONTRACT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNLESS YOU OPT OUT OF ARBITRATION WITHIN THIRTY (30) DAYS AFTER YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURES SPECIFIED IN THE ARBITRATION TERMS PROVIDED IN SECTION XII BELOW, AND EXCEPT FOR CERTAIN TYPES OF CLAIMS DESCRIBED IN SECTION XII BELOW, YOU AGREE THAT ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND MARKETBRIDGE LLC (“MARKETBRIDGE,” “WE” OR “US”) OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION DISPUTES OR CLAIMS RELATED TO THESE TERMS AND/OR YOUR USE OF THE MARKETBRIDGE SITE (EXCEPT AS OTHERWISE PROVIDED IN SECTION XII BELOW) AND ANY OTHER DISPUTES OR CLAIMS BETWEEN YOU AND MARKETBRIDGE OR ANY OF ITS AFFILIATES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES EXCLUSIVELY IN BETHESDA, MARYLAND, AND YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST MARKETBRIDGE OR ANY OF ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
We may modify the Terms as well as discontinue, withdraw, replace or change any content provided via the Marketbridge Site at any time, and your continued access and use of the Marketbridge Site thereafter constitutes your acceptance of such changes. IF YOU DO NOT AGREE WITH THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE MARKETBRIDGE SITE AND MUST TERMINATE YOUR ACCESS AND USE OF THE SITE IMMEDIATELY.
I. DESCRIPTION OF THE MARKETBRIDGE SITE
Marketbridge is a leading provider of technology-enabled sales and marketing solutions and services for Fortune 1000 and emerging growth companies. We help our clients measurably drive revenue growth and improve sales & marketing productivity by combining powerful digital marketing, CRM, and business intelligence technologies with targeted market strategies and proven business processes. The Marketbridge Site provides information regarding Marketbridge’s and its affiliates’ products and services. Information obtained via the Marketbridge Site is for your individual use only and may not be further reproduced, published, transmitted or disseminated without our prior written consent.
II. AUTHORIZATION TO ACCESS THE MARKETBRIDGE SITE
The Marketbridge Site is provided by a United States entity. Accessing the Marketbridge Site is done at your own risk. You are solely responsible for compliance with your jurisdiction’s laws in connection with your access to and use of the Marketbridge Site. If you access the Marketbridge Site from outside the United States, you consent to the transmission and/or transfer of data relating to you and communications across all applicable international boundaries, subject to the terms of our Privacy Policy posted at [link].
III. USE OF MARKETBRIDGE SITE
You may use the Marketbridge Site only if you are above the legal age of majority and are otherwise capable of entering into a legally binding agreement with us with respect to these Terms. Your use of the Marketbridge Site must be in compliance with these Terms and all applicable laws.
As a condition of your use of the Marketbridge Site, you represent, warrant and covenant to Marketbridge that you will not use the Marketbridge Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Marketbridge Site in any manner that could damage, disable, overburden, or impair the Marketbridge Site or interfere with any other party’s use and enjoyment of the Marketbridge Site. You will not use the Marketbridge Site for the purpose of obtaining information in order to create your own business or site offering the same or substantially the same products or services.
By way of example, and not as a limitation, you agree that when using the Marketbridge Site and when submitting any information or content to the Marketbridge Site, you will not:
- Use a robot, spider or other automated device, process or means to access the Marketbridge Site, or defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Submit, upload, or otherwise disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Marketbridge Site or third party systems.
- Send false or misleading information.
- Send messages that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary authorizations.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any products, services or other material or content that is provided to or by you via the Marketbridge Site.
- Copy any content or frame or link to the Marketbridge Site.
- Restrict or inhibit any other user from using and enjoying the Marketbridge Site.
- Harvest or otherwise collect information about others, including contact information such as e-mail addresses, for the purpose of building “contact” or “lead” lists.
- Violate any applicable laws or regulations.
Marketbridge shall have no obligation to monitor the usage of the Marketbridge Site. However, Marketbridge reserves the right to review any communications or submissions directed to the Marketbridge Site and to remove any of same in its sole discretion. Marketbridge reserves the right to terminate your access to the Marketbridge Site at any time without notice for any reason whatsoever. Marketbridge further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion.
Materials presented on the Marketbridge Site are subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations. You may not use the Marketbridge Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. “Mailbombing” (i.e., flooding the site with large or numerous messages) is prohibited.
IV. CHANGES TO CONTENT; MODIFICATION, SUSPENSION OR TERMINATION OF ACCESS TO THE MARKETBRIDGE SITE
The Marketbridge Site and content provided via the Marketbridge Site and/or your access thereto may be suspended or terminated at our sole discretion without notice and for any reason. Termination may be caused by conduct that we determine, at our discretion, violates these Terms or any applicable law, is harmful to our interests or another user or if we no longer offer the Marketbridge Site or our services.
V. INFORMATION PROVIDED TO THE MARKETBRIDGE SITE
Marketbridge does not accept any unsolicited suggestions or feedback for products, services or other concepts or ideas relating to Marketbridge’s or its affiliates’ business from third parties. In the event that you nevertheless submit any ideas, suggestions, feedback or other information relating to an existing or new product, service or other information in which proprietary rights could be claimed, via the Marketbridge Site (collectively, a “Submission”), you agree that Marketbridge will become, as between you and Marketbridge, the sole and exclusive owner of all rights, title and interests with respect to such Submission without the requirement of any compensation or attribution to you of any kind now or in the future. You agree to waive and forfeit to Marketbridge all rights to the Submission and the concepts embodied therein, including any moral rights. You also unconditionally assign and transfer to Marketbridge any and all rights, title, interest and claim, which you now have, or may in the future have, to the Submission or any element(s) thereof including, without limitation, any copyright, trade secret, patent right, or other intellectual property or proprietary right therein. Marketbridge will have the right to use, assign or dispose of the Submission in its sole and absolute discretion without your approval. You further agree to waive any and all rights against Marketbridge or any of its affiliates relating to the Submission and further covenant not to pursue any claim, action or proceeding of any kind or nature whatsoever against Marketbridge or any of its affiliates relating to the Submission. By submitting any testimonial or other content containing your name, image, likeness, voice and biographic materials, you grant to Marketbridge the right to use same as well as any other form of Submission for advertising, publicity and promotional purposes including, without limitation, online announcements and postings without compensation, unless prohibited by law.
Additionally, by registering, posting, uploading, inputting or otherwise submitting your name, address and other contact information or any other content that you may provide to the Marketbridge Site, you grant to Marketbridge and its contractors and their respective affiliated companies permission to use such information and content in connection with the operation of the Marketbridge Site and marketing of our services to you, including contacting you and sending you emails and other communications, subject to the terms of our Privacy Policy posted at [link]. No compensation will be paid with respect to the use of such information or content. Said permission is transferable by Marketbridge to an acquirer in connection with a business or asset sale. Marketbridge is under no obligation to post or use any information or content that you may provide and may remove any such information or content at any time in its sole discretion. By posting, uploading, inputting, providing or submitting such information or content, you represent and warrant that you are of legal contracting age, that you own or otherwise control all of the rights to such information and content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit such information and content and that such information and content does not infringe or otherwise violate any third party intellectual property or other right.
Always use caution when giving out any personally identifying information about yourself via any website. Marketbridge does not control or endorse the content, messages or information found in any communication sent by you to the Marketbridge Site or to you from any third party and, therefore, Marketbridge specifically disclaims any liability with regard to such communications and any actions resulting from your participation in any such communication. Managers and hosts are not authorized Marketbridge spokespersons, and their views do not necessarily reflect those of Marketbridge.
When you visit the Marketbridge Site or send e-mails to Marketbridge, you are communicating with Marketbridge electronically, and by doing so, you consent to receive communications from Marketbridge electronically. Marketbridge may communicate with you by email or by other means. You agree that all agreements, notices, disclosures and other communications that Marketbridge provides to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive a copy of these Terms by accessing the Marketbridge Site. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward, you must stop using the Marketbridge Site and services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
VI. SECURITY
Marketbridge reserves the right to take all action, as it deems necessary or reasonable to maintain the security of the Marketbridge Site, including without limitation, suspending access to or use of the Marketbridge Site. If Marketbridge communicates with you via unencrypted email from time to time at your request and/or with your consent, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email, you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. In no event will Marketbridge be liable to you or any third party for any liability or damage resulting from or arising out of: (i) any action or inaction of Marketbridge under this provision; (ii) any compromise of the confidentiality of your information and; (iii) any action or inaction by us regarding your access to or use of the Marketbridge Site.
You may not tamper with the Marketbridge Site or commit unauthorized intrusion into any part of Marketbridge Site. Acts of interference, including but not limited to, password cracking, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You acknowledge and agree that the Marketbridge Site may be inaccessible or inoperable from time to time due to maintenance, upgrades, hardware or software malfunctions or failures, Internet or other telecommunications issues, system or network congestion, third party attacks or other issues and Marketbridge shall have no liability with respect thereto.
VII. THIRD PARTY CONTENT AND SERVICES
These Terms govern the use of Marketbridge Site content. You may also be required to confirm acceptance of additional terms provided by third parties if accessing other sites via the Marketbridge Site. These Terms do not apply to other websites which are subject to separate terms. Through the Marketbridge Site, you may have the ability to access content provided by third parties and links to websites and services maintained by third parties. Marketbridge cannot guarantee that such third-party content, websites or services will be free of malware, or other malicious code that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of, or inability to access and use, such third-party content.
VIII. INTELLECTUAL PROPERTY
All information and materials on the Marketbridge Site, including without limitation the text, graphics, logos, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Marketbridge Site, and our branding are the intellectual property of Marketbridge and/or its affiliates or licensors. Copyright © 2024 Marketbridge LLC and/or its affiliates or licensors. All rights reserved. None of the content of the Marketbridge Site may be copied, downloaded, transmitted or otherwise be reproduced, disseminated or exploited in any form or manner without the express prior written permission of Marketbridge. The information and materials are protected by copyright and other intellectual property laws and all ownership rights remain with Marketbridge, its affiliates or licensors, as applicable.
The MARKETBRIDGE® word mark and logo and our other product or service brands used on the Marketbridge Site are trademarks of Marketbridge or its affiliates and licensors. All rights not expressly granted herein are reserved. No interest or right to use any such trademarks is acquired by accessing the Marketbridge Site. The Marketbridge Site may also contain trademarks owned by various third parties. Nothing contained on the Marketbridge Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any trademarks or intellectual property rights without the prior written permission of Marketbridge.
IX. DISCLAIMERS
THE MARKETBRIDGE SITE AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. MARKETBRIDGE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MARKETBRIDGE DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT ON THE MARKETBRIDGE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MARKETBRIDGE FURTHER DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR ACCESS TO OR USE OF THE MARKETBRIDGE SITE OR ANY RELATED CONTENT OR DATA. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE MARKETBRIDGE SITE AND/OR SUCH CONTENT IS AT YOUR OWN RISK.
X. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE MARKETBRIDGE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE MARKETBRIDGE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS MARKETBRIDGE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE MARKETBRIDGE SITE AND THE SERVICES. IF ANY EXCLUSION OR DISCLAIMER OF LIABILITY SET OUT IN THIS SECTION X IS HELD TO BE INVALID FOR ANY REASON, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE MARKETBRIDGE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO ONE HUNDRED DOLLARS (U.S. $100.00).
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE MARKETBRIDGE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
XI. INDEMNIFICATION; RELEASE
You agree to indemnify, defend, and hold harmless Marketbridge, its affiliates and licensors and their respective owners, employees, agents, contractors, officers, managers, representatives, successors and assigns (collectively, the “Marketbridge Indemnified Parties”) from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney’s fees and other legal expenses) that they may sustain or incur arising from your use of the Marketbridge Site, your failure to comply with any applicable laws and regulations, your breach of any of your representations, warranties or obligations set forth in these Terms, or any other act or omission by you. Notwithstanding the foregoing, you shall not settle any such claim, suit or proceeding without the written consent of the applicable Marketbridge Indemnified Parties. As used in these Terms, “affiliate” means any person or entity directly or indirectly controlling or having the power to control, or controlled by or being under common control with another person or entity. For this purpose, “control” means the direct or indirect possession of power to direct or cause the direction of the management or policies of such party, whether through ownership or stock or other securities, by contract or otherwise. Ownership of more than fifty percent (50%) of the beneficial interest of an entity shall be conclusive evidence that control exists. To the fullest extent permitted by applicable law, you hereby release Marketbridge, its officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Marketbridge Site. You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor” and you waive any other similar provision of the laws of any other applicable jurisdiction.
XII. GENERAL TERMS
Governing Law; Arbitration; Class Action Waiver; Jurisdiction and Venue
THE FOLLOWING TERMS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
These Terms shall be governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and entirely performed within Maryland, without resort to its conflicts of law provisions or any other rule or interpretation that would result in the application of the laws of another jurisdiction.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION TERMS PROVIDED BELOW IN ACCORDANCE WITH THE OPT OUT SECTION BELOW.
The term “Dispute” means any dispute, claim or controversy between you and us or our officers, directors, employees or agents, that arises out of these Terms, or the use of the Marketbridge Site, regardless of legal theory, and includes claims that accrued before the date you entered into these Terms as well as claims relating to the interpretation, validity, enforcement or scope of these Terms to arbitrate disputes contained in this section. The term “Dispute” is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are intellectual property claims and claims by us for injunctive or other equitable relief as provided below.
Regardless of how, when or where you access the Marketbridge Site, by agreeing to these Terms, you agree to resolve any and all disputes with us as follows:
Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration or litigation. You can reach us by email at info@marketbridge.com or by regular mail at Marketbridge LLC, Attention: Legal Department, 3 Bethesda Metro Center, Suite 955, Bethesda, MD 20814. Except for intellectual property claims and claims by us seeking injunctive or other equitable relief requiring immediate action, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
Binding Arbitration. Unless you opt out of arbitration in accordance with the terms provided above, if we cannot resolve the Dispute with you within thirty (30) days of when we start informal Dispute resolution, then you and we agree that the Dispute shall be resolved exclusively by binding arbitration which may be begun by either you or us. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect except as modified by these Terms, and excluding any rules or procedures governing or permitting class or representative actions. Said rules are posted at https://adr.org/sites/default/files/Commercial%20Rules.pdf. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Opt-Out of Arbitration. You may opt out of the binding arbitration described in this section by sending us written notice that you are opting out of binding arbitration (an “Arbitration Opt-Out Notice”) by email at info@mroholdings.com or regular mail at Marketbridge LLC, Attention: Legal Department, 3 Bethesda Metro Center, Suite 955, Bethesda, MD 20814 within thirty (30) days following the date you first agree to these Terms. If you don’t provide us with an Arbitration Opt-Out Notice within such thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions noted in the “Exceptions” section below. Any Arbitration Opt-Out Notice received after such thirty (30) day period shall not be valid or enforceable.
In the event that you provide to us a timely Arbitration Opt-Out Notice or the arbitration terms of these Terms are held not to be applicable, then you and we agree that the exclusive jurisdiction and venue for any Dispute will be the state or federal courts located in Bethesda, Maryland and each of the parties hereto waives any objection to jurisdiction and venue in such courts. In such event, you and we further waive the right to a jury trial.
Starting an Arbitration. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the American Arbitration Association (see www.adr.org for the applicable address, or for online filing); and (c) send one copy of the Demand for Arbitration to us at Marketbridge LLC, Attention: Legal Department, 3 Bethesda Metro Center, Suite 955, Bethesda, MD 20814 and a copy by email to info@Marketbridge.com.
You and we each understand that, absent the arbitration provision in this section, each has the right to sue in court and have a jury trial. You also acknowledge that unless you opt out of arbitration in accordance with the opt-out terms provided above, you are giving up the right to a jury trial and understand that the costs of arbitration and right to pre-trial discovery is more limited than many courts permit. The parties will either select one mutually acceptable arbitrator or, if the parties do not agree to a single arbitrator, each party shall select one arbitrator and the two arbitrators selected by the parties shall select a third arbitrator, and the arbitration shall be held before the three arbitrators, and shall be decided by vote of the three arbitrators with a vote of the majority of the arbitrators required for a decision. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OR THE SERVICES AND ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND US, EXCEPT FOR THE EXCEPTIONS SPECIFIED BELOW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS PROVIDED HEREIN. UNLESS YOU PROVIDE AN ARBITRATION OPT-OUT NOTICE TO US IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS (OTHER THAN THOSE NOTED IN THE EXCEPTIONS BELOW) THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
Location of Arbitration. You and we both agree that arbitration between us and you shall take place in Bethesda, Maryland.
Class Action Waiver. You and we agree that any and all arbitrations shall be conducted in their individual capacities only and not as a class action or other representative action, and you and we expressly waive the right to file a class action or seek relief on a class basis or any other representative basis. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.
If any court or arbitrator determines that the arbitration, jury trial waiver or class action waiver provisions of these Terms are void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception:
Litigation of Intellectual Property Claims and Claims By Us Seeking Injunctive or Other Equitable Relief. We may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property, and claims for injunctive or other equitable relief in the state or federal courts located in Bethesda, Maryland, and you consent to such venue and personal jurisdiction therein for any such proceedings and waive any claim, argument or defense that such courts constitute an improper or inconvenient venue for such proceedings.
Survival. This arbitration and class action waiver section will not be affected by any termination of your use of the Marketbridge Site and will survive termination of the relationship between you and us.
Revisions to the Terms
We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting on the Marketbridge Site or other notification to you. Your continued use of the Marketbridge Site after publication of such changes, constitutes binding acceptance of the revised Terms. Where reasonably practicable we will provide notice of any change in material Terms.
Severability; Waiver
Any products, services, offers or promotions offered by Marketbridge are void where prohibited by law. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions. The provision held to be unlawful, void or unenforceable shall be modified if possible to the extent necessary to become enforceable and the modified provision shall be deemed to form part of these Terms from inception without further action being required. No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. No waiver shall be valid unless given in writing signed by us or posted by us on the Marketbridge Site in an update to these Terms. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Force Majeure
We will not be liable for any failure or delay in our performance under these Terms or any other obligation due to any cause beyond our reasonable control, including act of war, acts of God, earthquake, storms or other weather or natural events, embargo, riot, sabotage, terrorism, epidemic, pandemic, labor shortage or dispute or other industrial disturbances, systemic electrical, telecommunications network issues, or other utility failures, governmental act or failure of the Internet.
Notice for California Users
Under California Civil Code Section 1789.3, our name, address and telephone number are provided below and the fees charged for the use of any products or services is provided to you when registering for or buying the particular products or services. California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Products of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
XIII. PRIVACY POLICY
Our Privacy Policy is posted at [link] and is incorporated herein and made a part of these Terms. Our Privacy Policy describes our policies regarding the collection, receipt, access, storage, sharing, processing, disclosure, transfer and use of “Personal Information” (i.e., data that can be used on its own or with other information to identify you) that you provide to us when you use the Marketbridge Site, as well as the various means by which we collect, receive, access, store, share, process, disclose, transfer and use your Personal Information, and your choices regarding collected Personal Information.
You must read and agree to the Privacy Policy before and as a condition to using the Marketbridge Site or otherwise interacting with us. By using the Marketbridge Site and/or clicking to agree to these Terms, you agree to our Privacy Policy and consent to the treatment of your Personal Information and other information as described therein.
XIV. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on the Marketbridge Site.
THE FOLLOWING PROCEDURES APPLY ONLY FOR NOTIFICATIONS TO US THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY ANY CONTENT CONTAINED IN THIS WEBSITE, IN CASES WHERE THE DMCA APPLIES. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
What you must do:
Written notification must be submitted to the following Designated Agent:
| Service Provider: | Marketbridge LLC www.marketbridge.com |
| Name of Agent Designated to Receive Notification of Claimed Infringement: | Gulum Williams |
| Full Address of Designated Agent to Which Notification Should be Sent: | Marketbridge LLC Attn: Manager 3 Bethesda Metro Center Suite 955 Bethesda, MD 20814 |
| Telephone Number of Designated Agent: | 1-888-468-6658 |
| Email Address of Designated Agent: | info@marketbridge.com |
What your notification must include:
To be effective, the notification must include the following:
- Your name, physical address, telephone number, facsimile number, e-mail address and name of contact person;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or under applicable law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
What we will do upon receipt of proper written notification:
Upon receipt of the written notification containing the information as outlined above:
- We will remove or disable access to the material that is alleged to be infringing;
- We will forward the written notification to such alleged infringer; and
- We will take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
How the alleged infringer can respond to us:
The alleged infringer can respond by submitting a written counter notification to our Designated Agent specified above.
What the counter notification must include:
To be effective, a counter notification from the alleged infringer must include the following:
- The alleged infringer’s name, address, and telephone number;
- A statement the alleged infringer consents to the jurisdiction of federal district court for the judicial district in which we are located and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material to be removed or disabled; and
- A physical or electronic signature of the alleged infringer.
What we will do upon receipt of proper counter notification:
Upon receipt of a counter notification containing the information as outlined above:
- We will promptly provide the complaining party with a copy of the counter notification;
- We will inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days; and
- We will replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the counter notification, provided that our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain the alleged infringer form engaging in infringing activity relating to the material on the Marketbridge Site.
XV. REPORTING VIOLATIONS; ENFORCEMENT
Any party seeking to report any violations of these Terms may contact us via e-mail at: info@marketbridge.com. When we become aware of an alleged violation of these Terms, we may initiate an investigation. Depending on the severity of the violation, we may, at our sole discretion, immediately restrict, suspend, or terminate your access to the Marketbridge Site and/or pursue other civil remedies. If such violation is a criminal offense, we will notify the appropriate law enforcement agency of such violation.
XVI. SURVIVAL
The terms of Sections V and VIII-XVI shall survive termination or your use of the Marketbridge Site.
XVII. CONTACT US
If you are experiencing technical difficulties using the Marketbridge Site, please contact Marketbridge by e-mail or postal mail as follows: Marketbridge LLC, 3 Bethesda Metro Center, Suite 955, Bethesda, MD 20814 or by email to info@marketbridge.com.