This Site Is Owned By: JEMKE Marketing In St. Petersburg
1. Products and Services: This Website has links to products and services offered by a variety of vendors and, in many cases, there will be a third party payment processor. The support for those products and services is always provided either by the vendor or the payment processor or both. This site does not provide support or service on any product that we do not directly sell or provide.
2. Free Products, Reports, Web Services and Software: This website often provides free products, reports, services and downloadable software to our subscribers. These free products and services are offered without warrantee of any kind. This website accepts no liability for use of the information contained in reports and will accept no liability for free products, information, services or software use. Except that we guarantee there is no malicious code either viral, malware or adware in any of our software products.
3. Other Products and Services. You understand and agree that if you request a product or service from one of our web partners, this website will share your information with that business partner to process and fulfill your request. You further agree that our business partners may contact you by telephone, email or mail based on the information you have provided to us, even if you have opted into the National Do Not Call List administered by the Federal Trade Commission, any state equivalent Do Not Call List, or the Do Not Call List of an internal company. You understand that when using this website and participating with JEMKE Marketing’s business partners you agree to allow us to share the information you submitted to this website with our web business partners. In the event you no longer want to receive communications from one or more of our web business partners, you agree to notify that partner or those partners directly.
4. Use of This Website and Services. You agree to use this Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of JEMKE Marketing, negatively reflect on the goodwill or reputation of JEMKE Marketing and shall take no actions which would cause JEMKE Marketing to be in violation of any laws, rulings or regulations applicable to JEMKE Marketing. JEMKE Marketing and this Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
5. Prohibited conduct. You must not: (i) submit, transmit or facilitate the distribution of information or content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable; (ii) submit, transmit, promote or distribute information or content that is illegal; (iii) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) take any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software agents through the Service; (vi) use any robot, spider, scraper or other system to access the Service for any purpose without our express written permission; (vii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (viii) submit, upload, post, email, transmit or otherwise make available any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (ix) interfere with the proper working of the Service; or, (x) bypass the measures we may use to prevent or restrict access to the Service.
7. Copyright and Trademark Notice Information. All content of this Website is protected under copyright: Copyright © 2009 – JEMKE Marketing, St. Petersburg Florida and/or its Clients and third party vendors. All rights reserved by JEMKE Marketing. All logos or brand names shown on this website are trademarks of their respective owners and/or licensors.
8. Proprietary Rights. You acknowledge and agree that this website and any necessary software used in connection with the website (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that all materials and/or content, including, but not limited to, articles, artwork, screen shots, graphics, logos, text, drawings and other files on the this website or as part of the services provided by this website are copyrights, trademarks, service marks, patents or other proprietary rights of JEMKE Marketing or their respective intellectual property owners. Except as expressly authorized by JEMKE Marketing, you agree not to modify, copy, reproduce, sell, distribute or create derivative works based on or contained within this Website, the based upon the Software on this site, in whole or in part. JEMKE Marketing grants you a personal, non-transferable and non-exclusive right and license to use the code of its Software on a single computer; provided that you do not copy, modify, create a derivative work of, reserve engineer, de-compile, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Software by any means other than through the interface that is provided by JEMKE Marketing for use in accessing the Software.
9. Links. This website, through the jemke.com Website, the reports or software or otherwise, may provide links to other websites. Because JEMKE Marketing has no control over such websites, you acknowledge and agree that JEMKE Marketing is not responsible for the availability of such external websites, and does not endorse and is not responsible or liable for any content, advertising, products, whether loan, auto, or telecommunications, or other materials on or available from such websites. You further acknowledge and agree that JEMKE Marketing shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through any such website.
10. Indemnification. You agree to indemnify and hold this website and JEMKE Marketing, its subsidiaries, affiliates, agents, shareholders, officers, contractors, vendors and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the this Website or Service, the violation of the Agreement by you, or the infringement by you, or any other user of the this Website or Service using your computer, of any intellectual property or other right of any person or entity. JEMKE Marketing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. No Warranty. JEMKE MARKETING PROVIDES THIS WEBSITE AND THE SOFTWARE “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURANCY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JEMKE MARKETING MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. JEMKE MARKETING DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND, (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
12. Limitation of Liability. IN NO EVENT WILL JEMKE MARKETING BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE LMB WEBSITE OR SERVICE, EVEN IF JEMKE MARKETING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST LMB WITH RESPECT THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE OR SOFTWARE.
13. Release. YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE JEMKE MARKETING AND ITS AFFILLIATES, PARTNERS, SERVICE PROVIDERS, CLIENTS, VENDORS, AND CONTRCTORS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THIS WEBSITE OR SOFTWARE.
14. Notice. JEMKE Marketing may provide you with notices, including those regarding changes to the Agreement, either by email, regular mail, or postings on this Website. All notices to JEMKE Marketing must be made in writing and mailed to: JEMKE Marketing. Attn: Legal Department P.O. Box 48291 St. Petersburg, FL 33743-8291
16. Dealings with Third Parties. Your correspondence or business dealings with any third parties as a result of your visit and participation in this Website or Software, including, but not limited to, business dealings with vendors, payment processing services, shipping or delivery agents, or any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party. You agree that JEMKE Marketing shall not be 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 third party on the Website or Software.
17. Disputes. This Agreement will be interpreted in accordance with the laws of the State of Florida, without regard to the conflicts of laws principles thereof. The parties agree that any and all disputes, claims or controversies arising out of or relating to the Agreement, its interpretation, performance, or breach, that are not resolved by informal negotiation within 30 days (or any mutually agreed extension of time), shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in Pinellas County, Florida, or its successor. Either party may commence the arbitration process called for herein by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures in effect at the time of submission of the demand for arbitration. The costs of arbitration plus reasonable attorneys’ fees (including fees for the value of services provided by in house counsel) shall be awarded to the prevailing party in such arbitration. Judgment on the award rendered by the arbitrator may be entered in the Superior Court of Florida, County of Pinellas, or the United States District Court for the Central District of Pinellas County Florida. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Superior Court of Florida, County of Pinellas, or the United States District Court for the Central District of Pinellas County Florida: (i) any dispute, controversy, or claim relating to or contesting the validity of JEMKE Marketing’s proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or, (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or provisional relief such as writs of attachments or possession. THE PARTIES AGREE THAT THIS AGREEMENT HAS BEEN ENTERED INTO AT JEMKE MARKETING’S PLACE OF BUSINESS IN THE COUNTY OF PINELLAS, STATE OF FLORIDA, AND ANY ARBITRATION, LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED AND TAKE PLACE IN THE COUNTY OF PINELLAS, STATE OF FLORIDA.
18. Modification to Service. JEMKE Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Software (or any part thereof) with or without notice. You agree that JEMKE Marketing shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Website or Software.
19. Waiver and Severability of Terms. The failure of JEMKE Marketing to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
20. Disclosure of Your Information. You acknowledge, consent and agree that JEMKE Marketing may access, preserve, and disclose the information we collect about you if required to do so by law or in good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any information or content violated the rights of the third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of JEMKE Marketing, its users and the public.
21. Entire Agreement. The Agreement constitutes the entire agreement between you and JEMKE Marketing and governs your use of this Website or Software, superseding any prior agreements between you and JEMKE Marketing. You also may be subject to additional terms and conditions that may apply when you use or purchase certain when you use certain other JEMKE Marketing’s services, affiliate services, third party content or third party software.
22. Survival. The following paragraphs shall survive termination or your refusal to continue to use the Service: 6, 7, 8, 10, 11, 12, 13, and 17.
23. Statute of Limitations. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF THE SERVICE OR THE AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS