MarketingBench Terms of Use

WEBB-MASON, INC. (“the Supplier”, “WE” OR “US”) TERMS OF USE

THESE TERMS AND CONDITIONS ARE A LEGAL CONTRACT AMONG YOU, YOUR EMPLOYER, THE SUPPLIER AND OUR CUSTOMER, [COMPANY NAME] (“CUSTOMER” OR “COMPANY”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE PROVIDED BY THE SUPPLIER, ITS SUBSIDIARIES AND AFFILIATED COMPANIES AND THE OTHER WEBSITES THAT WE OPERATE THROUGH WM MARKETING BENCH (COLLECTIVELY, THE “SITE”).  UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE THE SERVICES AVAILABLE THROUGH THE SITE (THE “SERVICES”) AND ANY SOFTWARE THAT THE COMPANY PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THE SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE.

We may make changes to the content offered on the Site at any time. We can change, update, or add or remove provisions of these terms at any time by posting the updated terms on the Site; we also may send registered users an email notice of the changes. By using the Site after we have updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

By using the Site, you represent that you are 18 years of age or older. If we believe that you do not meet any of these requirements, we may immediately terminate your use of the Site.

  1. General Use.

We provide content on our Site that is copyrighted and/or trademarked work of ours or our third-party licensors and suppliers (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.

We hereby grant you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Site solely for your company’s internal business purpose or as a service to your company’s clients in connection with their respective business operations. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

  1. Password Restricted Areas of the

You will only be able to access Materials and content on the Site by registering for an account with the Company or us.  Once you have submitted your account registration information, the Company administrator or Supplier shall have the right to approve or reject the requested registration, in the administrator’s sole discretion. If your account is approved by the administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Site  Password”) for the first time you log into your account on the Site to complete the account registration process.

In the future, the Company or Supplier in its sole discretion may provide you with the ability to register for an account on the Site using your existing account and log-in credentials through Facebook and/or other third party websites (each, a “Third Party Site Password”).

You are responsible for maintaining the confidentiality of your Site Password, and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Passwords. You agree to notify the Company and Supplier if your Password on the Site is lost, stolen, if you are aware of any unauthorized use of your Passwords on this Site or if you know of any other breach of security in relation to the Site.

All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes to your profile page or contacting us using the contact information at the end of these Terms requesting that we make the change.

By registering for an account, you become a “Subscriber” with access to certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site (a “Subscription”). Each Subscription and the rights and privileges provided to a Subscriber is personal and non-transferable.

If applicable, you agree to pay all fees or charges to your account based on fees, charges, and billing terms in effect as set forth in the Customer Agreement.  If fees or charges are not paid on time , the Supplier reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms.

  1. Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from us or the Company.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site.  These electronic communications are part of your relationship with the Company and us.  You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. Privacy Policy.

Please review the Privacy Policy, which is available on your site (the “Privacy Policy”), which explains how we use information that you submit to the Company or to Supplier.

 

  1. Third Party Content

Certain Materials that are not submissions may be provided by third party licensors and suppliers to us (“Third Party Content”) where separate and additional terms govern the use of that Third Party Content. You can review those separate and additional terms here on request.

The Site may be linked to other web sites that are not the Supplier’s sites (collectively, “Third Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third Party Sites, and, in certain situations, you may be transferred to a Third Party Site through a link but it may appear that you are still on the Site. In any case, you acknowledge and agree that the Third Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than the Supplier or the Company, and you further acknowledge and agree that your use of such Third Party Sites is governed by the respective Third Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any Third Party Sites. The Supplier is providing links to the Third Party Sites to you as a convenience, and the Supplier does not verify, make any representations or take responsibility for such Third Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third Party Sites. YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY WEB SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Site to any product, service, publication, institution, organization of any third party entity or individual does not constitute or imply the Supplier’s endorsement or recommendation.

  1. Unauthorized Activities.

When using the Site and/or the services, you agree not to:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Use racially, ethnically, or otherwise offensive language.
  • Discuss or incite illegal activity.
  • Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).
  • Post anything that exploits children or minors or that depicts cruelty to animals.
  • Post any copyrighted or trademarked materials without the express permission from the owner.
  • Disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation.
  • Use any robot, spider, scraper or other automated means to access the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive. We reserve the right to (a) terminate access to your account, your ability to post to the Site and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that the Supplier or the Company determines is inappropriate or disruptive to the Site or to any other user of the Site. We may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at our discretion, the Supplier and the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site or on the Internet.

You understand that unauthorized use of any Materials or Third Party Content contained on the Site may violate certain laws and regulations.

  1. Proprietary Rights.

WebbMason is a trademark of the Supplier in the United States. Other trademarks, names and logos on the Site are the property of the Company or other respective owners and any reproduction, distribution, modification, retransmission, publication of any trademarked or copyrighted materials outside the limited purposes contemplated by this Agreement is strictly prohibited without the express written consent of the applicable trademark or copyright owner or license holder.

Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of the Supplier, Copyright © 2013 Webb-Mason, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

The software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.  Unpublished-rights reserved under the copyright laws of the United States.

  1. Intellectual Property Infringement.

The Supplier respects the intellectual property rights of others, and we ask you to do the same. The Supplier may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide the Supplier’s designated agent the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit the Supplier to locate the material.
  • Information reasonably sufficient to permit the Supplier to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Supplier’s agent for notice of claims of copyright or trademark infringement on the Site can be reached as follows:

Mike Merriel, Vice President of Information Technology

Webb-Mason, Inc.

10830 Gilroy Rd, Hunt Valley, Maryland 21031

Email: mmerriel@webbmason.com

Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Submitting a DMCA Counter-Notification

We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid DMCA take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to the Supplier designated agent that includes all of the following information:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which the Supplier may be located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

 

  1. Termination of Repeat Infringers

The Supplier reserves the right, in its sole discretion, to terminate the account or access of any user of our Site and/or service who is the subject of repeated DMCA or other infringement notifications.

The Supplier provides to you access and use of the Site subject to the warranties, if any, and disclaimers set forth in the Customer Agreement.

  1. Local Laws; Export Control.

The Suppler controls and operates the Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.

If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

The Supplier prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action.  However, certain violations of these Terms, as determined by the Supplier, may result in immediate termination of your access to the Site without prior notice to you.  The Supplier, in its sole discretion, determines which actions warrant corrective action and/or termination.  The Federal Arbitration Act, Maryland state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement.  Any disputes relating to these Terms or the Site will be heard in the courts located in Baltimore County in the State of Maryland. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  Our failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions or agreements between you and the Supplier and the Company about the Site.. The proprietary rights, disclaimer of warranties, representations made by you, and general provisions shall survive any termination of these Terms.

 

  1. Contact Us.

If you have any questions about these Terms or otherwise need to contact the Supplier for any reason, you can reach us at Webb-Mason, Inc. (410)-785-1111 10830 Gilroy Rd, Hunt Valley, Maryland 21031.