Terms & Conditions

Terms & Conditions for marketintelligently.com

INTRODUCTION

These terms and conditions between you and this website marketintelligently.com, govern your use of marketintelligently.com (“Website”) and the Market Intelligently email newsletter (“Newsletter”); by using the Website and/or Newsletter, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Website or Newsletter.

ELIGIBILITY

Any person or business entity is eligible to use this site provided that they agree to the terms set forth.

LICENSE TO USE NEWSLETTER AND WEBSITE

Unless otherwise stated, Eric Brown and/or affiliated businesses and entities own the intellectual property rights in the Newsletter and Website and material in the Newsletter and Website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Newsletter and Website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • sell, rent or sub-license material from the Newsletter or Website;
  • reproduce, duplicate, copy, or otherwise exploit material on this Newsletter or Website for a commercial purpose;
  • republish material from the Website or Newsletter (including republication on another website or app) except for as provided in Permitted Sharing below;
  • show any material from the Newsletter or Website in public except for as provided in Permitted Sharing below;
  • edit or otherwise modify any material in the Newsletter or Website; or redistribute material from the Newsletter or Website
  • without permission from Eric Brown except as provided in Permitted Sharing below.

PERMITTED SHARING

  • Newsletters may be forwarded without limit unless otherwise noted.
  • You may take a screenshot of partial content from the Website or Newsletter for the purpose of sharing privately or on social media no more than four times per month provided such publication includes attribution to this website.
  • You may reproduce a reasonable excerpt from the Website or Newsletter for a blog post or other publication provided such publication includes attribution and link to this website and associated author. Such excerpt shall not to exceed 40% of content in the originating post or Newsletter article.
  • Eric Brown reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.

ACCEPTABLE USE

You must not use the Newsletter or Website in any way that causes, or may cause, damage to the Newsletter or Website or impairment of the availability or accessibility of the Newsletter or Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Website or Newsletter.

You must not use the Newsletter or Website for any purposes related to marketing without express written consent from Eric Brown.

USER CONTENT

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to this website owner, Eric Brown, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to this website owner , Eric Brown, the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Eric Brown or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Eric Brown reserves the right to edit or remove any material submitted to this website, or stored on Eric Brown’s servers, or hosted or published upon this website.

Notwithstanding Eric Brown’s rights under these terms and conditions in relation to user content, Eric Brown does not undertake to monitor the submission of such content to, or the publication of such content on, the Website.

By posting any user content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Eric Brown a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such user content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website, Newsletter, and any other product now existing or later developed by Eric Brown (and his successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Website and Newsletter (and derivative works thereof) in any media formats and through any media channels.

To Other Users: You also hereby grant each user of the Website and Newsletter a non-exclusive license to access your user content.

NO WARRANTIES

NOTHING IN THE NEWSLETTER AND/OR ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, FINANCIAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY FINANCIAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL. YOU ARE AWARE OF AND AGREE THAT ERIC BROWN OR AFFILIATED ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITE AND/OR NEWSLETTER. ERIC BROWN AND AFFILIATES ARE NOT YOUR FINANCIAL ADVISOR AND WHEN IT COMES TO MAKING FINANCIAL DECISIONS, YOU ARE ON YOUR OWN.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ERIC BROWN AND AFFILIATES,  THEIR SUBSIDIARIES, AND THEIR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

ERIC BROWN AND AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ERIC BROWN AND AFFILIATES WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ERIC BROWN AND AFFILIATES, MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITE OR NEWSLETTER, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR NEWSLETTER. UNDER NO CIRCUMSTANCES WILL ERIC BROWN AND/OR AFFILIATES BE RESPONSIBLE FOR ANY INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN the WEBSITE OR NEWSLETTER. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL ERIC BROWN AND AFFILIATES BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ERIC BROWN AND AFFILIATES ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITE AND/OR NEWSLETTER; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ERIC BROWN, HIS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ERIC BROWN AND AFFILIATES HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ERIC BROWN AND AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Website and Newsletter is controlled and operated from its facilities in the United States. ERIC BROWN makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

REASONABLENESS

By using the Newsletter and Website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify Eric Brown and Affiliates and undertake to keep Eric Brown and Affiliates indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Eric Brown and Affiliates to a third party in settlement of a claim or dispute on the advice of Eric Brown and Affiliates’ legal advisers) incurred or suffered by Eric Brown and Affiliates arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to Eric Brown and Affiliates’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Eric Brown and Affiliates may take such action as Eric Brown and Affiliates deem appropriate to deal with the breach, including suspending your access to the Newsletter and/or Website, prohibiting you from accessing the Newsletter and/or Website, blocking computers using your IP address from accessing the Newsletter and/or Website, contacting your internet service provider to request that they block your access to the Newsletter and/or Website and bringing court proceedings against you.

PAYMENT INFORMATION; TAXES

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Newsletter must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website and/or Newsletter at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

VARIATION

Eric Brown and/or Affiliates may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of the Newsletter and Website from the date of the publication of the revised terms and conditions on this Newsletter and/or Website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Eric Brown may transfer, sub-contract or otherwise deal with Eric Brown’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD-PARTY LINKS

The Website and/or Newsletter may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Eric Brown and Affiliates. Eric Brown and Affiliates do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Website and/or Newsletter, you do so at your own risk, and you understand that this Agreement and Eric Brown’s Privacy Policy do not apply to your use of such sites. You expressly relieve Eric Brown and Affiliates from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Eric Brown and Affiliates shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and Eric Brown and Affiliates in relation to your use of the Newsletter and Website, and supersede all previous agreements in respect of your use of the Newsletter and Website.

LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with the laws of Massachusetts, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Massachusettes.

TRACKING DATA

This Website and Newsletter uses tracking tools and cookies. By using this Website and Newsletter and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of the privacy policy.

 

CONTACT

You may contact Eric Brown by emailing him directly or by sending a message through the contact form.

Updated March 8th, 2017