Terms of Use
By utilizing any of our websites, including but not limited to MarkTalks.com, you agree to adhere to and be bound by the terms of use outlined below. It is important to carefully review these terms. If you disagree with these terms, you should refrain from using this site. The terms “MarkTalks,” “us,” “we,” or “our” refer to Kara Professional Services, LLC, the owner of the website. The term “you” pertains to the user or viewer of our website.
Agreement Acceptance.
By using any of our sites (the “Site”), you consent to the terms and conditions specified in this Terms of Use Agreement (“Agreement”). This Agreement embodies the complete and exclusive understanding between you and us, replacing all prior or simultaneous agreements, representations, guarantees, and understandings concerning the Site, its content, products, or services offered by or through the Site, and the subject matter of this Agreement. We may modify this Agreement occasionally without providing explicit notice to you. The most recent Agreement will be made available on the Site, and you are advised to review this Agreement before utilizing the Site.
Intellectual Property Rights.
The Site’s content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other aspects are safeguarded under relevant copyright, trademark, and other proprietary rights, including but not limited to intellectual property rights. Any copying, redistribution, or use of these materials or any portion of the Site, apart from what is permitted in Section 4 below, is strictly forbidden. You do not gain ownership of any content, document, or other materials viewed on the Site. Posting information or materials on the Site does not waive any rights in such information or materials. Some content on the site is copyrighted by third parties.
Trademarks.
“MarkTalks.com” is our service marks, registered service marks, or trademarks. The Site may also mention other product and company names that are trademarks of their respective owners.
Limited License.
Authorized Uses. We grant you a non-exclusive, non-transferable, revocable license (a) to access and use the Site in strict accordance with this Agreement; (b) to utilize the Site solely for internal, personal, non-commercial purposes; and (c) to print discrete information from the Site for internal, personal, non-commercial purposes, as long as you adhere to all copyright and other policies contained therein. You may not use any printed or electronic version of any part of the Site or its content in any litigation or arbitration matter under any circumstances.
Use Limitations and Prohibitions.
Your license to access and employ the Site and any information, materials, or documents (collectively referred to as “Content and Materials”) therein is subject to the following limitations and prohibitions on usage: You may not (a) reproduce, print (except as explicitly allowed by Section 4 above), republish, exhibit, disseminate, transmit, sell, rent, lease, loan, or otherwise provide in any format or by any means any part of the Site or any Content and Materials acquired from it; (b) utilize the Site or materials from the Site to create, or as a component of, any information, storage, and retrieval system, database, information base, or comparable resource (in any media currently existing or developed in the future) offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution method; (c) generate compilations or derivative works using any Content and Materials from the Site; (d) employ any Content and Materials from the Site in a manner that may violate any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) delete, modify, or conceal any copyright notice or other proprietary notice or terms of use contained on the Site; (f) make any part of the Site accessible through any timesharing system, service bureau, the Internet, or any other technology currently existing or developed in the future; (g) remove, decompile, disassemble, or reverse engineer any Site software or utilize any network monitoring or discovery software to determine the Site’s architecture; (h) use any automated or manual process to collect information from the Site; (i) employ the Site for the purpose of collecting information for or transmitting (1) unsolicited commercial email; (2) email that employs headers, invalid or nonexistent domain names, or other deceptive addressing techniques; and (3) unsolicited phone calls or facsimile transmissions; (j) utilize the Site in a manner that contravenes any state or federal law regulating email, facsimile transmissions, or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software accessible on or through the Site, in violation of the export control laws or regulations of the United States.
Forms, Contracts, and Documents.
Through the Site or other websites, we may provide sample and actual forms, checklists, business documents, and legal documents (collectively, “Documents”). All Documents are granted on a non-exclusive license basis solely for your personal, one-time, non-commercial use, without the right to re-license, sublicense, distribute, assign, or transfer such license. Documents are offered for a fee and without any guarantees or warranties, whether express or implied, regarding their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. The Documents are supplied “as is,” “as available,” and with “all faults,” and we, along with any provider of the Documents, disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose. The Documents may not be suitable for your specific circumstances. Additionally, state laws might necessitate different or supplementary provisions to achieve the desired outcome. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions since the Documents are merely samples and may not apply to a specific situation. Some Documents are public domain forms or obtainable from public records.
Absence of Legal Counsel or Attorney-Client Relationship.
The information found on or provided through the Site is not meant to serve as legal advice, recommendations, mediation, or counseling under any circumstances, and no attorney-client relationship is established. We do not guarantee the accuracy, completeness, adequacy, or timeliness of the information on or linked to the Site. Utilizing the information on the Site or materials linked to the Site is solely at your own risk. We are not a law firm, and the Site does not function as a lawyer referral service.
Site Linking.
You are permitted to link to the Site, provided (a) you do not remove or conceal, through framing or other means, advertisements, the copyright notice, or other notices on the Site, (b) your website does not partake in unlawful or pornographic activities, and (c) you cease offering links to the Site immediately upon our request.
Advertisers.
The Site may feature advertising and sponsorships. Advertisers and sponsors bear the responsibility of ensuring that materials submitted for inclusion on the Site are accurate and in compliance with relevant laws. We are not accountable for any illegality, error, inaccuracy, or issue with the advertiser’s or sponsor’s materials.
Registration.
Some sections or offerings on the Site might necessitate registration. If registration is required, you commit to providing us with precise, comprehensive registration details. Your registration should be completed using your authentic name and accurate information. Each registration is intended for your personal use only and not on behalf of any other person or entity. We do not allow (a) any other individual using the registered sections under your name or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing unauthorized usage.
Mistakes, Corrections, and Modifications.
We do not claim or guarantee that the Site will be free from errors, viruses, or other harmful components, or that defects will be rectified. We do not assert or guarantee that the information accessible on or through the Site will be precise, accurate, timely, or otherwise dependable. We reserve the right to make alterations to the features, functionality, or content of the Site at any moment. We also have the right, at our sole discretion, to modify or remove any documents, information, or other content present on the Site.
Content from Third Parties.
Content from third parties may be present on the Site or accessible through links on the Site. We are not accountable for and assume no liability for any inaccuracies, misrepresentations of law, defamation, omissions, falsehoods, obscenities, pornography, or profanity within any form of content on the Site. You acknowledge that the information and opinions in third-party content solely represent the author’s views and are neither endorsed by nor necessarily reflective of our beliefs.
Illegal Activities.
We reserve the right to examine complaints or reported violations of this Agreement and take any action we find appropriate, including but not limited to reporting any suspected unlawful activities to law enforcement authorities, regulators, or other third parties, and disclosing any relevant information to such individuals or entities, such as your profile, email addresses, usage history, submitted materials, IP addresses, and traffic data.
Indemnity.
You agree to indemnify, defend, and hold harmless us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party information and document suppliers, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or your use of the Site.
Non-Transferability.
Your right to use the Site is non-transferable and non-assignable. Any password or access granted to you to retrieve information or documents cannot be transferred or assigned.
Disclaimer.
THE INFORMATION, CONTENT, AND DOCUMENTS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN ERRORS, ISSUES, OR OTHER LIMITATIONS. NEITHER WE NOR OUR AFFILIATED PARTIES SHALL BE LIABLE FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). SPECIFICALLY, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DENIAL AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS, AND INFORMATION PROVIDED WOULD NOT BE OFFERED WITHOUT SUCH RESTRICTIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CONSTITUTE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL LIABILITY OR RESPONSIBILITY FOR DAMAGES CAUSED BY VIRUSES WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Liability Limitation.
(a) Neither we nor any Affiliated Party shall be held liable for any damage, injury, claim, liability, or loss of any kind arising in any way from (a) errors or omissions on the Site or in any services or products obtained from it, (b) the Site’s unavailability or interruption or any of its features, (c) your use of the Site, (d) the content found on the Site, or (e) any delay or performance failure beyond the control of a Covered Party.
(b) OUR AND THE AFFILIATED PARTIES’ TOTAL LIABILITY IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS, AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100, AND THAT AMOUNT SHALL REPLACE ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Information Usage.
We reserve the right, and you grant us permission, to use and assign all information regarding your use of the Site and all information provided by you in a manner consistent with our Privacy Policy. All comments, suggestions, ideas, graphics, or other information submitted by you to us (collectively, a “Submission”) will become our permanent property. We are not required to treat any Submission as confidential and will not be held responsible for any ideas (including, without limitation, product, service, or advertising ideas) and will not incur any liability due to any similarities that may appear in our future products, services, or operations. Without restriction, we will have exclusive ownership of all present and future rights to the Submission of every kind and nature everywhere. We are entitled to use the Submission for any commercial or other purposes without compensation to you or any other person submitting the Submission. You acknowledge that you are accountable for any material you submit, and you, not us, bear full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Third-Party Services.
We may permit access to or advertise specific third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You acknowledge that we do not manage or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not involved in the transactions between you and Merchants. You agree that using or purchasing from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, OR NON-INFRINGEMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES RESULTING FROM TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies.
All rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while visiting any Merchant sites. We are not accountable for information provided by you to Merchants. We and the Merchants are independent contractors, and neither party holds the authority to make any representations or commitments on behalf of the other.
Privacy Policy.
Our Privacy Policy, subject to change from time to time, is an integral part of this Agreement. You must review this Privacy Policy by clicking on this link.
Payments.
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you provide is accurate and complete, (ii) your credit card company will honor charges incurred by you, and (iii) you will pay the charges you incur at the posted prices, including any applicable taxes.
Securities Laws.
Our Site may contain statements about our operations, prospects, strategies, financial standing, future economic performance, and demand for our products or services, as well as our goals, plans, and objectives, particularly regarding product and service offerings, which are considered forward-looking statements. These statements rely on various assumptions and estimates and are subject to significant uncertainties, many of which are beyond our control. When used on our Site, phrases like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will,” and similar expressions aim to identify forward-looking statements that fall within the safe harbors of securities laws for such statements. The Site and its content do not represent an offer or solicitation to buy or sell any securities. None of the information herein should be considered part of, or incorporated into, any of our securities-related filings or documents.
Links to Other Websites.
Our Site includes links to other websites. We are not accountable for the content, accuracy, or opinions expressed on such websites, and we do not investigate, monitor, or verify them for accuracy or completeness. Featuring a linked website on our Site does not indicate our approval or endorsement of the site. Accessing and using these third-party sites is at your own risk.
Copyrights and Copyright Agents.
We respect others’ intellectual property rights and expect the same from you. If you think your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following details:
A physical or electronic signature of the person authorized to act on behalf of the copyright owner; A description of the copyrighted work you claim has been infringed; A description of the location on the Site of the allegedly infringing material; Your address, phone number, and email address; A statement from you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement from you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or are authorized to act on their behalf. To submit claims of copyright infringement on the Site, contact our Copyright Agent by filling out this form.
Information and Press Releases.
The Site features information and press releases about us. We disclaim any responsibility or obligation to update this information or press releases. Information about other companies included in press releases or elsewhere should not be relied upon as being provided or endorsed by us.
Legal Compliance.
You agree to adhere to all applicable local and international laws, statutes, ordinances, and regulations concerning your use of the Site and the Content and Materials supplied therein.
Miscellaneous.
This Agreement will be governed by and construed following the laws of the State of Connecticut, United States, applicable to agreements made and performed in the State of Connecticut, United States. You agree that any legal action or proceeding between MarkTalks.com and you concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of New Jersey, United States.
Any cause of action you have regarding the Site (and/or any information, Documents, products, or services related thereto) must be filed within one (1) year after the cause of action arose or be permanently waived and barred. All actions are subject to the limitations set forth in Section 16 and Section 17. This Agreement’s language will be interpreted according to its fair meaning and not strictly for or against any party. This Agreement, all incorporated agreements, and your information may be automatically assigned by us at our sole discretion to a third party in the event of an acquisition, sale, or merger.