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Tips Marketing Services,Corp.
Terms of Service Agreement
The www.EmailNotices.com and www.NeighborsSpeak.com Web Sites
(the "Sites") are an online information service provided by Tips Marketing
Services Corp or by independent contractors which market to certain
municipalities' residents and businesses throughout the USA.
Tips Marketing Services, Corp.™ or its
independent contractors may act as a reporting agency similar to a newspaper
to provide information to the public. There are also instances in which the
municipality, school or other community group utilizes Tips Marketing Services
Corps email servers to directly send its own messages directly to the public
which has registered to receive such information.
In either case Tips Marketing Services
Corp and its independent contractors and the municipality or schools will
provide information subject to the
compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITES. BY ACCESSING OR USING THE SITE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SITES.
Information provided by members of the community personnel that are not
employed by the municipality or school system (some examples: coaches, PTA/PTO
representatives, Librarians, business and fraternal leaders etc.) are
not representatives of the Municipality, School or
Tips Marketing Services, Corp.™ or its independent contractors.
Representations made and the service provided by advertisers purchasing
listings in the business directory are not to be construed as being endorsed
by anyone other than that advertiser. The business website is not affiliated
in any way with the municipality or school.
The email service is simply provided at no cost to the municipality or
schools to enhance subscribers to the email service who may or may not also
visit the business directory/blog. The business model which is patent pending,
simply provides free service to the municipality or schools to enhance traffic
to the business website to sell advertising to advertisers that Tips Marketing
Services, Corp., in its sole discretion will approve. It should be noted that
before the municipality or school decided to use the email system Tips
Marketing Services, Corp already had a strict policy of no adult material.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Sites are
protected by international copyright and trademark laws. The owner of the
copyrights and trademarks is Tips Marketing Services, Corp.™ YOU MAY NOT
MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN
ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You agree that you shall have no
recourse against your municipality. school, Tips Marketing Services, Corp.™, or
its Independent Contractors, for any alleged or actual infringement or
misappropriation of any proprietary right in residents communications to the
public when using the blog.
Tips Marketing Services, Corp.™ has sole discretion as to what content it
will approve for posting on the blog; however the public understands that this
does not constitute an endorsement of any blog postings that do get listed.
The blogs are to be used as a non commercial communications medium. One
time sale items such as for sale by owner of a home or non day to day
marketing of items is permitted. No day to day sales would be an occasional
garage sale type item that was not routinely inventoried and marketed.
There may be monies donated by the independent contractor to the
municipality or school. The municipality or school however did not contract to
receive such donations and the independent contractor may stop such donations
at any time. The independent contractor who is managing the territory may at
premise the donations on applying the monies to certain municipal or school
departments. It is the sole discretion of the independent contractor to
provide funds that it receives from advertisers. A participating municipality
or school is one in which it sends its own email. If the municipality does not
develop its own content the money earmarked for donations will go to a
reporter that attends the meetings and reports what occurred.
TRADEMARKS.
Publications, products, content
or services referenced herein or on the Site are the exclusive trademarks or
service marks of Tips Marketing Services, Corp.™ Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for
information, products or services clearly identified as being supplied by Tips
Marketing Services, Corp or its websites, Tips Marketing Services, Corp.™ does
not operate, control or endorse any information, products or services on the
Internet in any way. Except for Tips Marketing Services, Corps, identified
information, products or services, all information, products and services
offered through the Sites or on the Internet generally are offered by third
parties, that are not affiliated with Tips Marketing Services, Corp.™
You also understand that Tips
Marketing Services, Corp., its independent contractors, the municipality, and
the school system cannot and does not guarantee or warrant the representations
made by advertisers on the site.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR USE OF THE SITE AND THE INTERNET. Tips Marketing Services, Corp.™
PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON INFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND Tips Marketing Services,
Corp its independent contractors, the municipality, and the school
system SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON
THE INTERNET GENERALLY. Tips Marketing Services, Corp.™ its independent
contractors, the municipality, and the school system DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE
NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY
EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. Tips Marketing Services, Corp.™ its independent contractors, the
municipality, and the school system HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS that may be linked to from its
websites.
LIMITATION OF
LIABILITY IN NO EVENT
WILL Tips Marketing Services, Corp.™ its independent contractors, the
municipality, and the school system BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN
IF Tips Marketing Services, Corp.™ its independent contractors, the
municipality, and the school system OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II)
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH STATES, Tips Marketing Services, Corp.™ its independent
contractors, the municipality, and the school system LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Tips Marketing Services, Corp.™ its
independent contractors, the municipality, and the school system makes no
representations whatsoever about any other web site which you may access
through this one or which may link to this Site. When you access a non Tips
Marketing Services, Corp, web site, please understand that it is independent
from Tips Marketing Services, Corp.™, and that Tips Marketing Services, Corp,
has no control over the content on that web site. In addition, a link to a
Tips Marketing Services, Corp.™ , web site does not mean that Tips Marketing
Services, Corp, endorses or accepts any responsibility for the content, or the
use, of such web site.
3. Indemnification.
You agree to indemnify, defend
and hold harmless Tips Marketing Services, Corp.™ , its officers, directors,
employees, agents, licensors, suppliers, municipalities, schools, independent
contactors, and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing the
service.
4. Third Party Rights.
The provisions of paragraphs 2
(Use of the Service), and 3 (Indemnification) are for the benefit of Tips
Marketing Services, Corp, and its officers, directors, employees, agents,
licensors, suppliers, municipalities, schools, and any third party information
providers to the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own
behalf.
5.Term; Termination.
This Agreement may be
terminated by Tips Marketing Services, Corp.™ or its advertisers without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4
(Third Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all be governed
and construed in accordance with the laws of The United States of America in
the State of NJ., and applicable to agreements made and to be performed in The
United States of America in the State of NJ.
You agree that any legal action or
proceeding between Tips Marketing Services, Corp, and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction
sitting in The United States of America in the State of NJ. Any cause of
action or claim you may have with respect to the Service must be commenced
within one month after the claim or cause of action arises or such claim or
cause of action is barred.
Tips Marketing Services, Corps.,
failure to insist upon or enforce strict performance of any provision of this
Agreement shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement. Tips Marketing Services, Corps.may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
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