(Last modified April 7, 2021)
All research, analysis, data and any other information produced by Markerr, in any form, including without limitation any derivative works thereof, is proprietary to Markerr and is protected by U.S. and foreign laws governing intellectual property. All such information published by Markerr or presented by its employees, in any form is copyright protected, inclusive of material appearing in a hard-copy format, electronically, on Markerr website or via any other means. Since applicable laws do not require a copyright notice, the omission of the copyright notice by Markerr does not invalidate copyright protection, and it does not indicate that Markerr authorizes the reproduction of such proprietary material at any time.
Acceptance and Modifications
By visiting the Markerr website, located at Markerr.com, which is owned and operated by Markerr and includes all subdomains, present and future together with all application program interfaces (“APIs”) affording you access to same (collectively, the “Website”), you hereby accept to be bound by these Terms of Use without any reservations, modifications, additions or deletions.
If you do not agree to all of the provisions contained in the Terms of Use, you are not authorized to use the Website. The Terms of Use are a legal and binding agreement between you and us.
Markerr reserves the right to modify or replace any of the Terms of Use. Any changes to the Terms of Use can be found at this URL. If there are any changes to the Terms of Use that materially affect your relationship with us, you will be notified upon logging-in to the Website or via email. If the Terms of Use or policies are not acceptable to you, your sole and exclusive remedy shall be to stop using the Website and to cancel your account through the Website or by notifying Markerr at [email protected]. Your use of the Website following your being notified of any changes to the Terms of Service constitutes acceptance of those changes.
Contacting Us
If you have any questions about the Terms of Use, please contact:
Markerr, Inc.
221 River St., 9th Fl.,
Hoboken, NJ 07030
or
Markerr, Inc.
[email protected]
General Code of Conduct for Use of the Website
By visiting the Website, you agree to:
- a. Not use the Website in any manner that violates these Terms of Use;
- b. Not use the Website in any manner that violates any intellectual property rights of Markerr or any third party (if applicable);
- c. Not use the Website in any manner to circulate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
- d. Not use the Website in any means to circulate software viruses, Trojan horses, worms or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Markerr or a third party, or to damage or obtain unauthorized access to any system, data, or other information of Markerr or any third party (if applicable).
- e. Not (1) interfere or attempt to interfere with the appropriate functioning of the Website or any activities conducted on the Website; (2) bypass any measures Markerr may use to prevent or restrict access to the Website; or (3) use manual or automated software, devices, or other processes to “scrape”, “crawl” or “spider” any page or services of the Website.
- f. Not visit the Website if you are under the age of 13;
- g. Use the Website in compliance with all applicable local, state, national, and international laws.
Accounts, Passwords and Logged-in Users
If a registration process is offered or required to use the Website, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form on the Website (“Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify Markerr of any unauthorized use of your password or user name or any other breach of security and (b) defend, indemnify, and hold harmless Markerr from any loss or damage arising from unauthorized use of your password or user name.
Proprietary Rights
You acknowledge that the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and Markerr owns all right, title and interest in and to the Website and content that may be presented or accessed through the Website, including without limitation all Intellectual Property Rights therein and thereto.
For purposes of this section and elsewhere in these Terms of Service, “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, not or hereafter in force and effect worldwide.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website, or any content, in any format, that may be presented or accessed through the Website for any purpose; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained on the Website; or (iii) remove or alter Markerr’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or accessed in conjunction with or through the Website.
The content and arrangement of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images and text (in the form of plain text, HTML, or PDF’s) are proprietary to Markerr, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express written permission of Markerr, or as permitted by the functionality of the Website or these Terms of Use. Any unauthorized use of the content or layout of the Website, computer code, images, logos, videos, audio or trademarks found on the Website or any derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws and Markerr may take action accordingly.
If you choose to communicate to Markerr suggestions for improvements for the Website or Markerr’s business generally (“Feedback”), Markerr shall own all right, title and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Markerr and waive in favor Markerr, its successors and assigns all your moral rights in the Feedback, and agree to provide Markerr such assistance as Markerr may require to document, perfect and maintain Markerr’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Markerr, you are not entitled to any compensation or reimbursement of any kind from Markerr under any circumstances.
External Links
From time to time Markerr may provide links to other websites or services. Links from the Website may take you to websites or services not covered by these Terms of Use. When you access third party resources on the Internet in this manner, you do so at your own risk. Markerr provides these links as a convenience to you and Markerr takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and/or Privacy Policy of any websites or services you visit. Markerr does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or third parties operating those websites.
In no way will Markerr be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or services; or (4) for the actions of the operators of any such website or service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, THE INFORMATION THEREON OR ANY ACTIVITY ARISING FROM YOUR USE OF THE WEBSITE OR THE INFORMATION THEREON OR THE MATERIALS DOWNLOADED THEREFROM IS AT YOUR SOLE RISK. THE WEBSITE, ANY MATERIALS DOWNLOADED THEREFROM, OR ANY THIRD PARTY MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY MATERIAL OBTAINED THROUGH THE USE OF THE WEBSITE OR ANY OTHER FUNCTIONALITIES OF THE WEBSITE, OR LOSSES OR DAMAGES (FINANCIAL OR OTHERWISE) RESULTING FROM (I) YOUR USE OF THE WEBSITE, THE INFORMATION THEREON, ANY MATERIALS DOWNLOADED THEREFORM, OR (II) ANY ACTIVITY ARISING FROM THE USE OF THE WEBSITE, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM.
THE INFORMATION OR RESOURCES PROVIDED THROUGH THE WEBSITE, WRITTEN OR PRODUCED BY Markerr STAFF, FREELANCE WRITERS OR OTHER SUBCONTRACTORS ARE KNOWN TO BE AS ACCURATE AS POSSIBLE AT THE TIME OF WRITING OR PRODUCTION, AND EVERY EFFORT HAS BEEN MADE TO ENSURE THAT THE INFORMATION FROM THE WEBSITE IS AS ACCURATE AND UP-TO-DATE AS POSSIBLE. HOWEVER, CERTAIN INFORMATION MAY CHANGE, AND ERRORS OR OMISSIONS MAY OCCUR AND Markerr SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, FINANCIAL OR OTHERWISE, RESULTING FROM CHANGES OR ERRORS IN INFORMATION, OR ANY OMISSION, ON THE WEBSITE.
Markerr EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE AND NON-INFRINGEMENT; WARRANTIES THAT THE WEBSITE, THE INFORMATION THEREON OR ANY MATERIALS DOWNLOADED THEREFROM, AND ANY THIRD-PARTY MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, RELIABLE AND FREE FROM VIRUS AND OTHER HARMFUL COMPONENTS; AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Markerr DOES NOT WARRANT THAT: (I) THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS OR OMISSIONS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE WEBSITE OR ANY CONTENT DOWNLOADED THEREFROM WILL MEET YOUR REQUIREMENTS.
SOME OF THE CONTENT DISPLAYED ON THE WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT A DISCLAIMER OR WARRANTIES, ALL CONTENT ACCESSIBLE ON THE WEBSITE, OR ANY OTHER WEBSITE TO WHICH WE LINK, AND ALL OPERATIONS ON THE WEBSITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
Limitation of Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT Markerr IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, Markerr IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Markerr, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE UPS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Markerr IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.
Jurisdiction
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF NEW YORK, STATE OF NEW YORK, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Written Document
You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement that these Terms of Use be evidenced by a written document.
Complete Agreement
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE, SERVICE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND UPS OR IN THE APPLICABLE UPS RATE AND SERVICE GUIDE OR UPS TARIFF, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND UPS WITH RESPECT TO THE USE OF THE WEBSITE, THE UPS SYSTEMS, AND ANY SOFTWARE OR SERVICE, INFORMATION AND CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.
