End User License Agreement
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By downloading or using any MadhatMarketing, software, or services, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this agreement, do not download, and or use MadHatMarketing’s material, services or program. If you have any questions, please don’t hesitate to ask. Again, nothing nefarious – just good honest protection for both sides.
And with that, let’s begin:
Your Agreement with MADHATMARKETING
2.3 Some services by MadHatMarketing may be subject to different or additional terms. Without any limitation, any different or additional terms for those services are hereby incorporated into the general terms by reference:
MadHatMarketing Software End User License Agreement
2.4 If it is found that there is a conflict or issue between the general terms and the additional terms or different terms on other MadHatMarketing software or services, then the additional or different terms will take precedence in relations to that service or software. The general terms and any applicable different terms or additional terms and all other documents incorporated by reference in these general terms will hence forth be referred to as the “Terms”.
2.5 MadHatMarketing may change the Terms at any point in which they see fit. If the Terms are changed, MadHatMarketing will post a new version on https://madhatmarketing.com/terms-and-conditions/. Your continued use of the services and software is subject to the most recent and updated version of the Terms at all times.
Acceptance of Terms
3.1 You cannot use the Services if you do not agree to the Terms. You accept the Terms by either selecting “I agree” to these Terms, and or by using the Services in any way such as downloading or uploading any materials, services or programs made available by MadHatMarketing by you or any other person, or by merely perusing, browsing or testing the Services.
3.2 You or any other user of the material, services or programs of MadHatMarketing if you are either prohibited by Law from using or receiving the services, material or programs, or you are not fully competent or capable of entering into a binding contract with MadHatMarketing, such as if you are not of legal age and also do not have parental consent. Therefore, you affirm that you are over the age of eighteen and comply and acknowledge that any of MadHatMarketing’s services, programs and materials were not intended for children under the age of eighteen unless explicitly stated in additional terms.
4.1 Any services or products of MadHatMarketing are protected by Intellectual Property Rights. Except as expressly provided in the Terms, MadHatMarketing does not grant any implied rights to use MadHatMarketing products, materials or services. All rights, interests, and titles of MadHatMarketing’s products, services and materials throughout the world, are and will continue to be the exclusive property of MadHatMarketing and nothing in the Terms of Service will be construed to confer any license or right, by implication, or otherwise, under copyright or other intellectual property rights, to you or any third party.
4.2 You are not allowed to use the Trademark, logos, or any other identifiable more of MadHatMarketing products, services or materials unless prior consent of MadHatMarketing has been granted. The MadHatMarketing product, service and material logos are the sole property of MadHatMarketing.
5.1 MadHatMarketing grants you a revocable, non-exclusive, non-transferable, limited right to install and use any MadHatMarketing software depending on whether you own single site or 3 site licenses on an system owned or controlled by You, and to access the use of any other MadHatMarketing software on such device strictly in accordance with the terms and conditions of this License, the Usage Rules and any service agreements associated with your device.
5.2 Restrictions on Use: You shall use any MadHatMarketing software strictly in accordance with the terms of this agreement and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt any MadHatMarketing software; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from any MadHatMarketing software; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the software; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MadHatMarketing or its affiliates, partners, suppliers or the licensors of the software; (e) use the Software for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) distribute the Software on multiple devices; (g)make the Software available over a network or other environment permitting access or use by multiple devices or users at the same time; (h) use the Software for creating a service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, products or software offered by MadHatMarketing; (i) use the Software to send automated queries to any website or to send any unsolicited commercial e-mail; (j) have third party software send automatic requests to the Software or creating any type of data pull from any MadHatMarketing Software; (k) use any proprietary information or interfaces of MadHatMarketing or other intellectual property of MadHatMarketing in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Software.
6.1 You and MadHatMarketing LLC acknowledge and agree that, in the event of a third party claim that the Software or Your possession or use of the Software infringes any third party’s intellectual property rights, You (and not MadHatMarketing) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify MadHatMarketing in writing of such a claim.
Termination of Licensing
7.1 If You fail to comply with any terms and conditions of this user agreement or any action made by you is perceived by any MadHatMarketing official as being counter to the agreement or in poor taste, then this user agreement and any right afforded to You hereunder shall terminate automatically, without any notice or other action by MadHatMarketing. Upon the termination of this agreement, You shall cease all use of MadHatMarketing Software and uninstall the Software.
7.2 MadHatMarketing may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that MadHatMarketing shall not be liable to you or anyone else if we do so.
Payment Terms and Conditions
8.1 You are responsible for paying all taxes levied in connection with your use of any MadHatMarketing products or materials. Your credit card company or bank may impose on you other fees, such as exchange rates or services, in connection with your payment for an MadHatMarketing product. Your ability to access the Services, may require payment of third-party fees (mobile carriers, telephone fees, data plan, etc.). MadHatMarketing has no connection to or responsibility for such fees.
Disclaimers and Warranties
9.1 YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. MADHATMARKETING AND ITS AFFILIATES, PARTNERS, SUPPLIERS, AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE SOFTWARE AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, MADHATMARKETING, AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SOFTWARE WILL BE AS REPRESENTED OR MEET YOUR EXPECTIONS; OR (IV) ANY ERRORS IN THE SOFTWARE OR THIRD PARTY CONTENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MADHATMARKETING OR FROM THE SOFTWARE SHALL CREATE ANY.
Third party services and software is used within any software of MadHatMarketing and therefore, MadHatMarketing is not subject to the accuracy or fulfillment of the third-party service. If the terms between the third party and MadHatMarketing change, MadHatMarketing is not obligated to maintain the results from that service and is not required to continue to provide any benefit or data that was created from the third party and can do so at any time.
Limitations of Liability
10.1 Under no circumstances shall MadHatMarketing or its affiliates, partners, suppliers or licensors be liable for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with your access or use of or inability to access or use the application and any third party content and services, whether or not the damages were foreseeable and whether or not MadHatMarketing was advised of the possibility of such damages. Without limiting the generality of the foregoing, MadHatMarketing’s aggregate liability to you (whether under contract, tort, statute or otherwise) shall not exceed the amount of the fifty dollars USD. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
11.1 You agree that your account information or any information you provide in order to download and use a MadHatMarketing product will always be complete, accurate, and up-to-date. It is your responsibility to keep your license key or other required logon credentials confidential at all times and you are solely responsible to MadHatMarketing for all activity that occurs via your account or access keys. If you become aware of any unauthorized use of your account or key, or any other breach of security, you agree to notify MadHatMarketing by contacting our Support at https://www.madhatmarketing.com/contact-support/ .MadHatMarketing may require that you change you account information or certain parts of your account information or give you a new key to use. Unless MadHatMarketing expressly allows you thte right to create and manage MadHatMarketing IDs as an account administrator for a company or unless expressly permitted in any additional terms, you may not use another person’s account, key or information.
12.1 You are not required nor obligated to provide MadHatMarketing with any feedback, ideas, suggestions or proposals. However, if you do submit any of the afforemention things, MadHatMarketing may use the information for any purpose without compensation to you.
Links to Other Sites
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13.1 The products, materials and services of MadHatMarketing may include links that will take you to websites or services not operated by MadHatMarketing. Whether the link was provided by MadHatMarketing as a courtesy, or whether it was posted by a User, MadHatMarketing has no control over non-MadHatMarketing websites or services. You agree that MadHatMarketing is not responsible for the availability or contents of any website, third-party product or services that we do not operate.
13.2. In some cases, there links to other third-party services or websites may use an affiliate link. Therefore, any link you click on an MadHatMarketing product, material or software should be assumed to be an affiliate link. This user agreement serves as your indication of such a thing since every link cannot be operationally made to dictate whether it is not an affiliate link. MadHatMarketing has the right to chose whether or not it will use affiliate links or associate links and as the user you agree to such in the software, material, or products on MadHatMarketing.
Resolution of Disputes
14.1 Venue. You agree that any claim or dispute you may have against MadHatMarketing must be resolved by a court located in Cheyenne, Wyoming, United States except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of said courts. You agree that prior to filing any legal action against MadHatMarketing you will first meet with a representative of MadHatMarketing in person or by phone conference and mutually seek a good faith resolution of the dispute. Arbitration may be required by additional terms of services you use.
14.2 Notwithstanding the foregoing, in the event of your or others’ unauthorized access to our use of the Services or Materials in violation of the Terms you agree that MadHatMarketing shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Notices and Miscellaneous
15.1 Notice to MadHatMarketing. Any notice provided to MadHatMarketing pursuant to the Terms should be sent through the online support page at https://www.madhatmarketing.com/contact-support/
15.2 Notice to You. MadHatMarketing may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.
15.3 Entire Agreement. The Terms constitute the entire agreement between MadHatMarketing and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and MadHatMarketing on such subject matter.
15.4 Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without MadHatMarketing’s written consent. MadHatMarketing’s rights under the Terms are transferable by MadHatMarketing.
15.5 Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
15.6 Waiver. Any failure by MadHatMarketing to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
15.7 You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services.
15.8 IF YOU DO NOT AGREE WITH THE TERMS DO NOT US THE WEBSITE OR SOFTWARE OFFERED BY MADHATMARKETING, LLC.
I hope you enjoyed this fun read, and, like it was stated above, we have no nefarious intentions with the provisions above.