Website and MSP Digital Connections Terms and Conditions
Welcome to our website and/or our MSP Demo Day app (collectively, the “Site”). This Site belongs to Technology Marketing Toolkit, Inc. Technology Marketing Toolkit, Inc. provides website features and other products and services to you when you visit or purchase products and services at TechnologyMarketingToolkit.com, use Technology Marketing Toolkit applications for mobile, or use software provided by Technology Marketing Toolkit, Inc. in connection with any of the foregoing products or services. Technology Marketing Toolkit, Inc. provides the products and services subject to the following terms and conditions.
By Accessing This Site and Using the Products and Services, You Agree to These Terms and Conditions. Please Read Them Carefully.
YOUR AGREEMENT
These Terms and Conditions constitute an agreement (“Agreement”) made between Technology Marketing Toolkit, Inc. and any person accessing Technology Marketing Toolkit, Inc.’s website (“You”) with respect to your use of Technology Marketing Toolkit Inc.’s website and applications (the “Site”) and/or your purchase of any Products and Services from Technology Marketing Toolkit, Inc. You agree to abide by and be legally bound by all of the terms and conditions (“Terms and Conditions”) contained in this Agreement as a condition of your continuing to access, view or use the Site, and your purchase of any products and services from Technology Marketing Toolkit, Inc.
For purposes of these Terms and Conditions, references to the products and/or services provided by Technology Marketing Toolkit, Inc. shall include, without limitation, information whether electronic, written or verbal, teleseminars, marketing strategies, sales scripts, marketing templates, illustrations, examples, and other services, as well as ALL MATERIALS posted to this web site (collectively “Products and Services”).
If you do not agree with any provision of these Terms and Conditions, you should not order any Products and Services from Technology Marketing Toolkit, Inc. or enter into this Agreement and you should discontinue any use of the Site. Technology Marketing Toolkit, Inc. offers a wide variety of Products and Services, some of which will be subject to guidelines and terms and agreements applicable to those Products and Services. These Terms and Conditions are hereby incorporated by reference into your purchase of those Products and Services. To the extent that any provision of these Terms and Conditions conflicts with any provision of your specific agreement to purchase Products and Services, those service terms will control.
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, OR BY PURCHASING ANY PRODUCT OR SERVICE FROM TECHNOLOGY MARKETING TOOLKIT, INC., YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE TECHNOLOGY MARKETING TOOLKIT, INC.’S PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THIS SITE, AND YOU DO NOT HAVE TECHNOLOGY MARKETING TOOLKIT, INC.’S PERMISSION TO PURCHASE ANY PRODUCTS OR SERVICES FROM TECHNOLOGY MARKETING TOOLKIT, INC. ANY SUCH UNAUTHORIZED USE OF THE SITE OR PURCHASE OF PRODUCTS AND SERVICES VIOLATES TECHNOLOGY MARKETING TOOLKIT, INC.’S RIGHTS IN THE SITE AND PRODUCTS AND SERVICES AND IS PROHIBITED.
SITE DESCRIPTION
Description. The Site is proprietary to Technology Marketing Toolkit, Inc. and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to you. Subject to the Terms and Conditions set forth in this Agreement, Technology Marketing Toolkit, Inc. agrees to provide you with a personal, non-transferable and non-exclusive right to access, view and use the Site.
Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Technology Marketing Toolkit, Inc. may undertake from time to time; or (iii) causes beyond the control of Technology Marketing Toolkit, Inc., whether or not foreseeable.
Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and internet access connections and links, web browsers or other equipment, programs, and services required to access the Site.
ELECTRONIC COMMUNICATIONS
When you use any Technology Marketing Toolkit, Inc. Site, Product, or Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through other Technology Marketing Toolkit, Inc. Products and Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through this Site or any Technology Marketing Toolkit, Inc. Product or Service, such as text, graphics, logos, icons, images, video clips, audio clips, digital downloads, data compilations, and software is the property of Technology Marketing Toolkit, Inc. or the party credited as the provider of the content. Accordingly, you may not copy, publish, modify, transmit, share, lease, rent, sell, or participate in the sale of Content, whole or in part, without written prior consent from Technology Marketing Toolkit, Inc. Reproduction is strictly prohibited. Any unauthorized use of these products, materials, information shall result in criminal and/or civil prosecution.
TRADEMARKS
Click here to see a non-exhaustive list of Technology Marketing Toolkit, Inc.’s trademarks.
In addition, graphics, logos, page headers, icons, scripts, and services names included in or made available through any Technology Marketing Toolkit, Inc. Site, Product or Service are trademarks or trade dress of Technology Marketing Toolkit, Inc. in the U.S. and other countries. Technology Marketing Toolkit, Inc.’s trademarks and trade dress may not be used in connection with any product or service that is not Technology Marketing Toolkit, Inc.’s without Technology Marketing Toolkit, Inc.’s express written permission, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Technology Marketing Toolkit, Inc. All other trademarks not owned by Technology Marketing Toolkit, Inc. that appear in any Technology Marketing Toolkit, Inc. Product or Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Technology Marketing Toolkit, Inc.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions and your payment of any applicable fees, Technology Marketing Toolkit, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of Technology Marketing Toolkit, Inc.’s Site, Products and Services. This license does not include any resale or commercial use of any Technology Marketing Toolkit, Inc. Site, Product, Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Technology Marketing Toolkit, Inc. Product or Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms and Conditions or any terms and conditions specific to any Technology Marketing Toolkit, Inc. Product or Service are reserved and retained by Technology Marketing Toolkit, Inc. No Technology Marketing Toolkit, Inc. Product or Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written permission of Technology Marketing Toolkit, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Technology Marketing Toolkit, Inc. without express written permission. You may not use any meta tags or other “hidden text” utilizing Technology Marketing Toolkit, Inc.’s name or trademarks with express written permission from Technology Marketing Toolkit, Inc. You may not misuse Technology Marketing Toolkit, Inc.’s Site, Products or Services. You may use Technology Marketing Toolkit, Inc.’s Site, Products or Services only as permitted by law. The licenses granted by Technology Marketing Toolkit, Inc. terminate and automatically expire if you do not comply with these Terms and Conditions or terms and conditions specific to other Technology Marketing Toolkit, Inc. Products or Services.
YOUR ACCOUNT/MEMBERSHIP
If you use any Technology Marketing Toolkit, Inc. Product or Service that requires you to have an account or membership with Technology Marketing Toolkit, Inc., you are responsible for maintaining the confidentiality of your account, membership and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account, membership or password. Technology Marketing Toolkit, Inc. reserves the right to refuse service, terminate accounts or memberships, remove or edit content, or cancel orders in its sole discretion.
IT SALES AND MARKETING MSP DEMO DAY
When accessing the Site in connection with the IT Sales and Marketing MSP Demo Day (“MSP Demo Day”), all your activity with the platform will be monitored and tracked. By attending the MSP Demo Day, you expressly agree that your information may be shared with vendors whose booths you visit and presentations you watch. As an attendee of the MSP Demo Day, if at any time after the event you wish to be removed from a vendor’s database, you will contact them directly and request that they remove your information from their database. You agree that Technology Marketing Toolkit, Inc. is not responsible for removing your information from a vendor’s database. If you are a vendor or sponsor of the MSP Demo Day, you agree that at any time after the MSP Demo Day, should any contact who you received information about at the MSP Demo Day request that they be removed from your database, you will immediately comply with this request and remove that contact’s information from your database.
By agreeing to these Terms and Conditions, you agree that you will not give access to or share your login information for the MSP Demo Day with anyone who is not your W-2 employee. No attendee of the MSP Demo Day is permitted to advertise their products or services, or any of their affiliate’s products or services on the QUE without the express written permission of Technology Marketing Toolkit, Inc.
Technology Marketing Toolkit, Inc. will monitor all communications on the Site during and after the MSP Demo Day and retains the rights to remove or edit any content on the Site, even content you post on the Site. Racist, sexist, discriminatory, hateful, or other inappropriate comments are strictly forbidden and may result in your removal from the MSP Demo Day. Please do not use the chat or networking areas of the MSP Demo Day to post negative comments of vendors or people participating in the MSP Demo Day. Please only provide input on a vendor IF you are asked about that vendor AND you have been a client of theirs and have relevant information about your experience. The chat features is not the appropriate place to discuss customer service issues with Technology Marketing Toolkit, Inc. Please contact Technology Marketing Toolkit, Inc. if you have questions, concerns, or would like to request a refund.
PROHIBITED USES
You are solely responsible for any and all of your acts and omissions that occur when using the Site, Products and Services, and you agree not to engage in any unacceptable use of the Site, Products and Services, which includes but is not limited to, use of the Site, Products and Services to: (a) solicit and/or market to clients and customers of Technology Marketing Toolkit, Inc. identified on the Site or who participate or post in any online forum or page on the Site; (b) disparage Technology Marketing Toolkit, Inc. or its clients or customers on this Site or any website owned or controlled by Technology Marketing Toolkit, Inc.; (c) transmit unsolicited messages, chain letters or unsolicited commercial email; (d) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (e) transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (f) transmit viruses, Trojan horses, or any other malicious code or program; (g) engage in systematic retrieval of data or other content from this website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Technology Marketing Toolkit, Inc. by use of scrapers or other tools; or (h) engage in any other activity deemed by Technology Marketing Toolkit, Inc. to be in conflict with the spirit or intent of these Terms and Conditions. You agree that if you engage in any of the prohibited uses set forth above, Technology Marketing Toolkit, Inc. has the right to terminate your use of the Site and other site under its direction or control, and to the extent you have an account or membership with Technology Marketing Toolkit, Inc. or have purchased any products or services from Technology Marketing Toolkit, Inc., Technology Marketing Toolkit, Inc. may, at its sole discretion, terminate your access to the Site, Products, Services, account, or membership without refund of any monies paid by you.
TERMINATION
Technology Marketing Toolkit, Inc. reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your account, membership and access to this site. You agree that Technology Marketing Toolkit, Inc. shall not be held liable to you or any third party for any rejection, cancellation or termination of your account or membership, your access to the Site, or the termination of your rights in any other Product or Service provided by Technology Marketing Toolkit, Inc. In the event that Technology Marketing Toolkit, Inc. rejects, cancels or terminates your membership, access, or any purchased Product or Service, Technology Marketing Toolkit, Inc. will return any amounts prepaid by you relating to the rejected, canceled or terminated Product or Service prorated for the remaining unused portion of the Product or Service.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION, WEB SITES, SERVICES, PRODUCTS, OR OTHER ITEMS PRESENTED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTY EITHER EXPRESSED OR IMPLIED. To the fullest extent permitted by law, Technology Marketing Toolkit, Inc. hereby disclaims all express and implied warranties of any kind, including but not limited to warranties of merchantability, suitability, infringement of intellectual property rights, or fitness for a particular purpose. Technology Marketing Toolkit, Inc. does not warrant or guarantee the results, or make any representations regarding the use or the results of the products, information both written and verbal, materials, and services provided to you on this website or in any other Technology Marketing Toolkit, Inc. Product or Service. We also do not warrant or guarantee the accuracy, correctness, or reliability of all information, written, verbal, or otherwise. The entire risk as related to the use, results and performance of the products, services, and information provided are assumed by you, the user, and therefore you are responsible for any cost of servicing, repair, correction, or liability as a result of using the products, services, and information provided by Technology Marketing Toolkit, Inc. on this website or in any other Product or Service offered by Technology Marketing Toolkit, Inc.
Technology Marketing Toolkit, Inc. is not responsible for any third party content that may be accessed through this website, and reference to third party information, products or services at this or any linked site does not constitute an express or implied warranty or endorsement by Technology Marketing Toolkit, Inc. When you link to another site from this website, you leave this website and server controlled by Technology Marketing Toolkit, Inc. and enter into the jurisdiction of the linked site under the control of a third party for which Technology Marketing Toolkit, Inc. has neither responsibility nor control.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Technology Marketing Toolkit, Inc. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANy INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THESE TERMS AND CONDITIONS, THE SITE, ANY Technology Marketing Toolkit, Inc. PRODUCT OR SERVICE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING BUT NOT LIMITED TO, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THIS SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF Technology Marketing Toolkit, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE UNAVAILABLE.
IN NO EVENT SHALL Technology Marketing Toolkit, Inc.’S TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT PAID BY YOU TO Technology Marketing Toolkit, Inc. UNDER ANY AGREEMENT FOR the PURCHASE OF ANY Technology Marketing Toolkit, Inc. PRODUCT OR SERVICE DURING THE PRECEDING CALENDAR YEAR.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify and hold Technology Marketing Toolkit, Inc., its subsidiaries, affiliates, directors, officers, shareholders, agents, and employees (“Technology Marketing Toolkit, Inc. Indemnitees”), harmless from and against any loss, damage liability, cost or expense of any kind, including attorneys’ fees, in connection with a third party claim, demand, proceeding, or otherwise, arising out of or related to your use of any Technology Marketing Toolkit, Inc. website, Product, or Service, or any violation by you or any of your agents, employees, independent contractors, authorized or unauthorized users accessing your accounts, memberships or passwords, of these Terms and Conditions or the terms and conditions specific to your purchase of any Technology Marketing Toolkit, Inc. Product or Service.
GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Tennessee. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in and presiding over Williamson County, Tennessee regarding any and all disputes relating to these Terms and Conditions, your use of the Site, your use or purchase of any Technology Marketing Toolkit, Inc. Product or Service, or the terms and conditions applicable to any purchase of a Technology Marketing Toolkit, Inc. Product or Service.
ATTORNEYS’ FEES. If Technology Marketing Toolkit, Inc. prevails in any action in law or equity in enforcing or concerning the parties’ rights and obligations under these Terms and Conditions or the parties’ agreement set forth herein, Technology Marketing Toolkit, Inc. shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which it may be entitled.
MODIFICATIONS
Technology Marketing Toolkit, Inc. reserves the right to modify, amend, update and change these Terms and Conditions from time to time without notice to you. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Technology Marketing Toolkit, Inc. shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
CONTENT YOU POST TO THIS SITE
Visitors may submit reviews, comments, photos, videos, and other content and communications; and may submit suggestions, ideas, comments, questions, or other information, so long as the content does not violate the prohibited uses described above, is not illegal, obscene, pornographic, threatening, defamatory, invasive of privacy, infringing on intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content. Technology Marketing Toolkit, Inc. reserves the right (but does not have the obligation) to remove or edit such content.
If you do post or submit material or content via this Site, unless Technology Marketing Toolkit, Inc. indicates otherwise, you grant Technology Marketing Toolkit, Inc. a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Technology Marketing Toolkit, Inc. and sublicensees the right to use the name that you submit in connection with such content, if it chooses. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify Technology Marketing Toolkit, Inc. Indemnities pursuant to the indemnification provision contained herein for all claims resulting from the content you supply. Technology Marketing Toolkit, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Technology Marketing Toolkit, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.
MISCELLANEOUS
These Terms and Conditions shall constitute the sole agreement and understanding between you and Technology Marketing Toolkit, Inc. regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Technology Marketing Toolkit, Inc. regarding the subject matter hereof, whether written or oral, other than terms and conditions you may have also agreed to in connection with any purchase of Technology Marketing Toolkit, Inc.’s Products or Services, are superseded by these Terms and Conditions. No agreement or other understanding, other than terms and conditions you may have also agreed to in connection with any purchase of Technology Marketing Toolkit, Inc.’s Products or Services, purporting to modify these Terms and Conditions shall be binding upon Technology Marketing Toolkit, Inc. unless otherwise agreed to by Technology Marketing Toolkit, Inc. in writing. The failure of Technology Marketing Toolkit, Inc. to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
Attention: Nicole Rodgers
Email:
[email protected]
Phone: 1-615-790-5011
Fax: 1-615-595-1448
