MidMarketer.com - Terms & Conditions of Service

Welcome to MidMarketer.com. Use of our Web site, Perspective reports, tools, email newsletters and any other services we offer (collectively, the "Services"), are bound by these Terms and Conditions. If you don't wish to be bound by the terms below, you shouldn't register with MidMarketer, LLC ("MidMarketer," "we" or "us") or use the Services we provide. We may change these terms at any time and your continued use of MidMarketer and its Services means that you accept any new or modified terms and conditions. So please check back here from time-to-time. You will be responsible for regularly checking this area and for reviewing any such changes.

Membership Services

MidMarketer Members may only maintain one active Membership with MidMarketer. If you become a MidMarketer Member, you will be asked for information to gain access to premium content, tools, and other material (collectively “Memebership”).

When becoming a member, you will need to provide us with your name, company, email, size of company and zip code. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up to date, MidMarketer reserves the right to cancel your Membership.

We may, from time to time, offer various free trials. If a trial offer is provided, only one free trial per company is allowed at any given point in time.

Intellectual Property

All of the Content on our Web sites and any Service we provide are protected by U.S. and international copyright laws and are the property of MidMarketer, LLC and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on MidMarketer’s sites. This includes blogs, chats, software, our writings, graphics, templates, tools, and any and all other features.

You may download or print hard copies of Content only in connection with your own use and not on behalf of any third party. Any such downloads/hard copies must contain the following notice: 

“Copyright (c) 2007 MidMarketer, LLC. All rights reserved." Except as expressly set forth in these terms, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Web site or any portion thereof without MidMarketer’s prior written consent.

Trademarks

“MidMarketer” and the “MidMarketer” logo are registered marks of MidMarketer, LLC. You will not use or allow any third party to use any of MidMarketer's marks, including but not limited to the foregoing, without MidMarketer's prior express written consent. All marks not owned by MidMarketer are the property of their respective owners.

USE

You agree to use MidMarketer and MidMarketer.com for lawful purposes only. You may not use or allow others to use your MidMarketer Membership to:

• Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Violate any applicable law or regulation while accessing and using our sites;
• Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone's computer;
• Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites; and
• Take any action that damages or disrupts the functioning of our systems or services.

Unauthorized access to our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than through the interfaces we provide for use in our accessing our sites. MidMarketer may at any time, without prior notice and at our sole discretion, terminate Membership, or take any action for violating the above provisions. You are responsible for actions taken through the use of your password. You agree to immediately notify support@midmarketer of any actual or suspected unauthorized use of your username. We will not be responsible for any loss to you arising from unauthorized use of your data.

Certified Resources and Advertisers

Your correspondence or business dealings with, or participation in promotions of, any Certified Resources or advertisers found on or through MidMarketer, including payment and delivery of related goods or services, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Certified Resource or advertiser. You agree that MidMarketer is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site.

Cancellation

If you are unhappy with your Membership, cancel your Membership to MidMarketer by emailing our Customer Service team at support@midmarketer. Your cancellation will be effective immediately.

Disclaimer of Warranties

MIDMARKETER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIDMARKETER DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. MIDMARKETER CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MIDMARKETER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MIDMARKETER SERVICES, INCLUDING THOSE OF ANY CERTIFIED RESOURCE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MIDMARKETER FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT AND TO SEEK A PRORATED REFUND OF ANY MEMBERSHIP FEE YOU MAY HAVE PAID AND NOT YET USED. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability

Except where prohibited by law, in no event will MidMarketer be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if MidMarketer has been advised of the possibility of such damages.

If MidMarketer is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, MidMarketer's only responsibility shall be to pay a prorated refund of the unused portion of your most recently paid annual Membership Fee. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

General Information

If any provision in this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The Terms and Conditions and the relationship between you and MidMarketer shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions.

All personal data is maintained in the United States under the terms of our Privacy Policy.

The Terms and Conditions constitute the entire agreement between you and MidMarketer and governs your use of the Web site, superseding any prior agreements between you and MidMarketer with respect to the Web site. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other MidMarketer services, affiliate services, third-party content, service or software.

Last Updated: December 13, 2007