Use of Marketpath CMS and associated Software indicates consent to be governed by, limited to and bound by the rules, terms and conditions set forth below, along with any future amendments, as well as other documents incorporated by reference (collectively, the “Agreement”). Without limitation and to the fullest extent possible, acceptance to be bound by this Agreement shall be indicated by performing any of the following non-exclusive actions: (1) signing a document agreeing to be bound by this Agreement, (2) clicking a button or checkbox on a computer screen identifying acceptance of this Agreement or (3) proceeding to use the Services (as defined below). If you do not agree to any of the rules, terms or conditions set forth in this Agreement or documents incorporated herein, do not use Marketpath CMS software and services.
Users and/or Accounts shall be solely responsible and liable:
A Site that has not assigned all of its Supported User licenses shall be entitled to assign them in the future, at which time the newly-added Users will become immediately eligible for support. If a Supported User designation is changed, the new Supported User may experience a delay of up to five to seven business days before receiving support.
Agency Users shall be fully-supported during beta testing of the Services and for a portion of 2017 to be determined in the sole discretion of Marketpath.
MARKETPATH HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
NO ADVICE OR INFORMATION GIVEN BY MARKETPATH OR ITS EMPLOYEES SHALL CREATE ANY WARRANTY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, (A) MARKETPATH DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THIS WEBSITE OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (B) MARKETPATH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THIS WEBSITE OR ANY THIRD PARTY SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (3) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS WEBSITE, OR (4) THE INTERNET GENERALLY.
IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.