Terms and Conditions of Use for MyMarketStreet Customers

This Agreement is entered into between yourself (hereinafter referred to as "You," "Your", "User" or "Customer") and MyMarketStreet, LLC, hereinafter referred to as "MyMarketStreet," "MyMarketStreet.com," any/or MyMarketStreet, LLC." This Agreement shall commence upon acceptance by the parties and continue for one (1) year and renew automatically each year for an additional one (1) year term until terminated by either party.  Any use of this site constitutes your understanding and acceptance of these Terms and Conditions of Use.

Entire Agreement:  The services are provided to User under these Terms and Conditions as described herein and supercede any previous agreement, statement of terms and conditions or understanding of any kind between User and MyMarketStreet or any of its officers and/or representatives.  All representations or promises relied upon in executing the agreement are fully set out and included herein as part of this agreement.

Changes:  We may periodically change the Terms and Conditions and/or Site without notice, and User is hereby responsible for checking these Terms and Conditions periodically for revisions.  All amended Terms and Conditions become effective upon our posting to the Site, and any use of the site after such revisions have been posted signifies your consent to these changes.

How you may use our site:  MyMarketStreet and MyMarketstreet.com company names, logos, software and all related products, and service names, designs marks and slogans are trademarks and service marks owned by and used under license from MyMarkstreet, LLC or its wholly owned subsidiaries.  All other service names, photos, trademarks and service marks herein are the property of their respective owners.  All copies that you make of the materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied.  You are not authorized to use any MyMarketStreet name or mark in any advertising, publicity or in any other commercial manner without the prior written authorization of MyMarketStreet, LLC or other lawful owner of said name or mark.  MyMarketStreet does not authorize nor has the authority to authorize any use or reproduction of any materials or information located on, linked to, used or posted to our site.   Requests for authorization should be made to lisa@default or the respective owner.  Any software, processes, templates, layouts, ideas  and information found on this site or related to this site are to be considered proprietary information of and owned  MyMarketStreet or other third parties.  Any use of this site constitutes your agreement not to duplicate or be in competition with any portion of MyMarketStreet.com or contact any clients for such purpose for one (1) year after last access to site.

How we may use information you provide to us:  Please do not send or post any confidential or proprietary information.  Except for any personally identifying information or information we specifically agree to keep confidential elsewhere in this Agreement or our Privacy Policy, any material, information, photos, videos, ideas, data, or the like will be treated as being non-confidential and non-proprietary.  We assume no obligation to protect personal, confidential or proprietary information (other that set forth herein) from disclosure and will be free to reproduce, use and distribute to others without restriction.  We will also be free to use any ideas, concepts, know-how an/or techniques contained in the information you send to us for any purpose whatsoever, including, but not limited to developing, manufacturing, and marketing products and services incorporating such information.

No Endorsements made by MyMarketStreet, LLC.  We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any information, promises, products, services, deals, coupons, or other promotions or materials, including advice, ratings, and/or recommendations contained on, distributed through, accessed from or through MyMarketStreet.com websites.

References made to any names, marks, products and/or services of third parties or links to third party sites or information do not constitute or imply any endorsement, sponsorship or recommendation of the third party or of the quality of any product or service, advice, information, or other materials displayed, purchased, obtained or relied upon by you as a result of any advertisement or any information or offer in or in connection or affiliation with MyMarketStreet.com websites.

Content Disclaimer:  MyMarketStreet communicates information provided and created by advertisers, clients, employees, resellers and other third parties.  MyMarketStreet has no control over the accuracy of such information or content on our pages, and materials on the MyMarketStreet websites my include technical inaccuracies and/or errors.

Although we make every effort, we make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright, compliance or legality, or any resulting losses or damages.

You should always use discretion while browsing or using the internet.

MyMarketStreet reserves the right, in its sole discretion and without any obligation, to make improvements to, correct errors or omissions in any portion of the site, but is under no obligation to do so and shall not be liable for any inaccuracies. MyMarketStreet reserves the right, at its sole discretion, to delete or deny access or service to any client, user or linked web site without any prior notice or approval and for any reason.  We reserve the right to disable links to or from third-party sites to or from our Site, although we are under no obligation to do so.  This right to disable links includes links to or from advertisers, sponsors, and content partners that may use our Marks as part of a co-branding or affiliate relationship.

Any such deletion due to inappropriate or unauthorized content or use will result in the forfeiture by the client or user of any funds, amounts or yearly fees previously paid. 

Links to third party sites are provided within MyMarketStreet.com as a convenience to users.  The listing of said third party site does not in any way imply endorsement of the site or any related products, services or affiliates by MyMarketStreet.com or its affiliates.  MyMarketStreet does not make any representations regarding the availability and performance of its website or any third party website or link.  When you click on advertiser banners, sponsor links, or other external links from the website, your browser automatically may direct you to a new browser window that is not hosted or controlled by MyMarketStreet.com.  MyMarketStreet.com and its affiliates are not responsible for the content, functionality or technological safety of these external sites.

Some external links may produce information that some people find objectionable, inappropriate or offensive.  We are not responsible for the accuracy, relevancy copyright compliance, legality, or decency of material contained in any externally linked or third-party website.  We do not fully screen or investigate business listings or websites before or after including them in directory listings that become part of the materials on our website, and we make no representation and assume no responsibility concerning the content that third parties submit to become listed in any of these directories.

Warranty Disclaimer:  Any use of MyMarketStreet.com website, reliance upon any materials or information, and any use of the Internet generally shall be at your sole risk.  MyMarketStreet.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operation or availability of information or material displayed in MyMarketStreet.com

THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  MYMARKETSTREET.COM DISCLAIMS TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS.  MYMARKETSTREET.COM DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MYMARKETSTREET.COM DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS OR THIRD PARTY WEBSITES PROVIDED BY OR THROUGH MYMARKETSTREET.COM.

LIMITATION OF LIABILITY:  IN NO EVENT SHALL MYMARKETSTREET BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR THE LOSS OF PROFITS, REVENUE, USE OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF MYMARKETSTREET.COM ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USER (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE, THE MATERIAL OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ASSESSED FROM ANY SITE.  MYMARKETSTREET.COM DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER MATERIAL ACCESSIBLE FROM THE SITE.

THE USER OF THIS SITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY.

THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

THIRD PARTY SITES:  Your correspondence or business dealing with or participation in the sales or promotion of advertisers, clients or service providers found on or through MyMarketStreet.com, including payment, receipt and delivery of related goods or services, and any other terms and conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers, clients or service providers.  You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about or links to such advertisers, client or service providers on MyMarketStreet.com.  You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources.  You acknowledge and agree that your use of these client sites or linked is subject to different terms of use than these terms, and may be subject to different privacy practices than those set forth in the Privacy Policy of MyMarketStreet.com  We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on MyMarketStreet.com

Monitoring of Materials Transmitted by You:  Changes may be periodically incorporated into MyMarketStreet.com.  MyMarketStreet.com may make improvements and/or changes in the products, services and/or programs described in these sites and these materials at any times without notice.

We are under no obligation to monitor the material residing on or transmitted to MyMarketStreet.com.  However, anyone using this site agrees that MyMarketStreet.com may monitor the site contents periodically to comply with any necessary laws, regulations or governmental requests; and/or to operate the site properly or to protect itself and its users.  MyMarketStreet.com reserves the right to modify, reject or eliminate any material residing on or transmitted to its site that it, in its sole discsretion, believes is unacceptable or in violation of the law or these Terms and Conditions.

Indemnification:  You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity.  These obligations will survive any termination of the terms.

Intellectual Property Complaints:  We do not make it our responsibility to monitor the use of trademarks, copyrights or other rights of third parties.  We may, however, in appropriate circumstances and at our discretion, remove, suspend, terminate access, or take other appropriate action against users, clients, members or other third parties who infringe the copyright of others.

These Terms and Conditions will be governed by the laws of the State of Alabama without giving effect to its conflict of law provisions or your actual state or county of residence, and you agree to submit to personal jurisdiction in Jefferson County, Alabama.  You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.  You are responsible for compliance with applicable laws.

If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be enforceable, the remainder of the Terms will continue in full force and effect.

These terms constitute the entire agreement between us and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these terms.

Any waiver of any provision of the terms will be effective only if in writing and signed by you and MyMarketStreet.com.  MyMarketStreet.com reserves the right to investigate complaints or reported violations of these terms and to take any action we deem necessary and appropriate.  Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties.  In addition, we may take action to disclosure any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.  MyMarketStreet.com reserves the right to seek all remedies available at law and in equity for violations of these terms.