The following terms and condition (“Terms of Service”) is a legal agreement between you (referred to herein as “you” or “your”) and Migration Marketing, LLC (including all affiliates thereof if any, and their respective officers, directors, employees, suppliers and programmers, “Migration Marketing” or “we”, “our”, or “us”) for access to and use of our website and other related software, interactive features or downloads operated by us and that are available through our website (collectively, the “Website”).
By accessing, browsing or using this Website, you agree to be bound by these Terms of Service and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Website If you do NOT agree to all of these terms, you should NOT access or use this Website.
These Terms of Service may be amended by Migration Marketing, in its sole discretion, at any time without notice to you. Such amended Terms of Service shall be effective upon posting. By continuing to access or use this Website, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Migration Marketing services may have their own Terms of Service which apply to such services.
Migration Marketing reserves the right to discontinue or make changes or updates with respect to the Website or the Content (defined below) of the Website at any time without notice.
Personal information provided through this Website shall be used in accordance with Migration Marketing’s Privacy Notice and these Terms of Service are subject to the Privacy Notice as posted on this Website.
You acknowledge that all content on this Website, including the design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, “Content”), are the property of Migration Marketing or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Service are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Service or on this Website, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of Migration Marketing or the respective intellectual property rights owner. Migration Marketing authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Website (including, without limitation, Migration Marketing) are the sole property of Migration Marketing and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Migration Marketing and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Migration Marketing and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Migration Marketing. Migration Marketing will enforce its intellectual property rights to the fullest extent of the law.
Links on this Website to third party services are provided only as a convenience to you. If you use these links, you will leave the Website. Migration Marketing does not control or endorse any such third-party services. You agree that Migration Marketing will not be responsible or liable for any content, goods or services provided on or through these outside services or for your use or inability to use such services. You will use these links at your own risk. You are advised that other services on the Internet, including third party services linked from this Website, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Migration Marketing expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third-party service. Migration Marketing recommends that you make yourself aware of and read the legal and privacy notices of all other services that you visit.
Migration Marketing strives to provide accurate and up-to-date material on the Website. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Website.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND THE CONTENT CONTAINED ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIGRATION MARKETING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MIGRATION MARKETING MAKES NO WARRANTY THAT (I) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE OR RELIABLE, (IV) THIS WEBSITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
NEITHER MIGRATION MARKETING SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF MIGRATION MARKETING HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST MIGRATION MARKETING THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS WEBSITE.
You agree to indemnify, defend and hold harmless Migration Marketing against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on this Website, any activity related to use of this Website by you, any message or material that you submit to, post on or transmit through this Website, your violation of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to this Website.
If you have a dispute with one or more users, you release Migration Marketing from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
As a condition of your use of this Website, you agree not to use this Website for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on this Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.
Migration Marketing reserves the right, in its sole discretion, to suspend or terminate your access to this Website and prohibit any and all current and future use of this Website (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Service or your use is harmful to the interests of another user of this Website.
Migration Marketing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website (or any part thereof) with or without notice or consent. Migration Marketing shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to this Website.
These Terms of Service shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflicts of law principles thereof. Migration Marketing makes no representations that the material and information on this Website are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Website or to these Terms of Service shall be brought exclusively in the Federal or State Courts residing in California. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Website, your access or use thereof, or these Terms of Service, and to extra-territorial service of process.
The material and information provided through this Website are directed to and intended for United States users only. Migration Marketing makes no representation that Content contained on the Site is appropriate or available for use in jurisdictions outside the United States. Visitors who use this Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not Migration Marketing and its affiliates, are responsible for compliance with applicable local laws.
If any provision of these Terms of Service is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.
The failure of Migration Marketing to enforce any part of these Terms of Service shall not constitute a waiver of such term or provision and shall not be considered a waiver or limit Migration Marketing’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Service.
Last Update: April 2022