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Terms and Conditions

EJP Marketing Co.

Terms of Service and Privacy Policy

 

1. Terms

 

By accessing the website at https://ejpmarketingco.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

 

2. Use License

 

Permission is granted to temporarily download one copy of the materials (information or software) on EJP Marketing Co.’s website for personal, non-commercial transitory viewing only.This is the grant of a license, not a transfer of title, and under this license you may not:

 

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • attempt to decompile or reverse engineer any software contained on EJP Marketing Co.’s website;
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

 

This license shall automatically terminate if you violate any of these restrictions and may be terminated by EJP Marketing Co. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

3. Disclaimer

 

The materials on EJP Marketing Co.’s website are provided on an ‘as is’ basis. EJP Marketing Co. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, EJP Marketing Co. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

 

4. Limitations

 

In no event shall EJP Marketing Co. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on EJP Marketing Co.’s website, even if EJP Marketing Co. or a EJP Marketing Co. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

 

5. Accuracy of materials

 

The materials appearing on EJP Marketing Co.’s website could include technical, typographical, or photographic errors. EJP Marketing Co. does not warrant that any of the materials on its website are accurate, complete or current. EJP Marketing Co. may make changes to the materials contained on its website at any time without notice. However EJP Marketing Co. does not make any commitment to update the materials.

 

6. Links

 

EJP Marketing Co. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by EJP Marketing Co. of the site. Use of any such linked website is at the user’s own risk.

 

7. Modifications

 

EJP Marketing Co. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

 

8. Governing Law

 

These terms and conditions are governed by and construed in accordance with the laws of Texas and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

 

9. Privacy Policy

 

Your privacy is important to us.

It is EJP Marketing Co.’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We will only retain personal information for as long as necessary for the fulfilment of those purposes. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. EJP Marketing Co. may change this privacy policy from time to time at EJP Marketing Co.’s sole discretion.

 

10. Changes and Special Additional Terms and Conditions

 

EJP Marketing Co. may revise the General Terms at any time without notice. You should revisit this Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.

 

You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.

 

11. Copyright Infringement Complaints

 

EJP Marketing Co. respects the intellectual property rights of others. If you believe that your work has been copied or otherwise infringed, you may submit a notice of same to the contact information on our “Contact us” page, pursuant to the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(3).

 

To be effective under the DMCA your notice must be in writing and include the following:

 

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 work claimed to have been infringed, or, if multiple copyrighted 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, and information reasonably sufficient to permit EJP Marketing Co. to locate the material. Information reasonably sufficient to permit EJP Marketing Co. to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of an effective copyright notice, EJP Marketing Co. will expeditiously investigate and take appropriate actions pursuant to the DMCA, which may include the removal of, or the disabling of access to, the complained-of material.

 

Counter Notification

If you believe a copyright infringement notification has wrongly been filed against you, you may submit a counter notification to EJP Marketing Co. To be effective, a counter notification must be a written communication provided to EJP Marketing Co.’s designated agent at the address listed on the “Contact Us” page that includes substantially all of the following:

 

  • A physical or electronic signature of the subscriber.
  • 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.
  • A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • The subscriber’s name, address, and telephone number.
  • A statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which EJP Marketing Co. may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
  • Under appropriate circumstances EJP Marketing Co. may terminate subscribers or account holders who are repeat infringers.

 

Please note that, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by EJP Marketing Co., as a result of EJP Marketing Co. relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Please consult with legal counsel before filing a copyright infringement notification or a counter notification pursuant to the DMCA.

 

12. No Warranty

 

This Site and Services are provided “As Is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, EJP Marketing Co. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. EJP Marketing Co. does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the services are free of viruses or other malware or harmful components. EJP Marketing Co. does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not allow exclusion of implied warranties, so the above limitations and exclusions may not apply to you.

 

13. Limitation of Liability

 

You assume full responsibility for your use of the Site. Any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. Your use of the Site is at your own risk and is made available to you at no charge; accordingly, to the fullest extent permitted by applicable law, EJP Marketing Co. and its affiliates shall not be liable to you or any other party for any direct, indirect, compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, or from any actions we take or fail to take as a result of communications you send us or material you post, or the delay or inability to use the Site, or for any information, products, or Services advertised in or obtained through the Site, whether based on contract, tort, strict liability or otherwise, even if EJP Marketing Co. or its affiliates have been advised of the possibility of such damages. You specifically acknowledge and agree that EJP Marketing Co. and its affiliates are not liable for any defamatory, offensive, or illegal conduct of any user of the Site. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.

 

14. Warranty Disclaimer & Liability Limitation

 

The parties acknowledge that the Product/Service is experimental in nature and that the Product /Service is provided “AS IS” and may not be functional on any machine or in any environment. EJP MARKETING CO. DISCLAIMS ALL WARRANTIES RELATING TO THE PRODUCT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

NEITHER EJP MARKETING CO. NOR ITS VENDORS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, AND LOSS OF PROFITS. EJP MARKETING CO. SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND ITS REASONABLE CONTROL.

 

15. Termination

 

This Agreement may be terminated by either party for any reason or no reason at any time upon ten days notice. Upon termination, the license granted hereunder shall terminate and Company shall immediately delete any and all documents, notes and other materials associated with the Product, including, without limitation, all Confidential Information and all copies and extracts of the foregoing, but the terms of this Agreement will otherwise remain in effect.

 

16. User Communications Areas

 

The Site may contain areas where users communicate with each other, including but not limited to blogs, bulletin boards, calendars, chat areas, or personal web pages.

 

EJP MARKETING CO. has the right but not the obligation to monitor or review any part of the Site or the Services including the user communication areas. However, EJP MARKETING CO. shall have no liability related to the content of any communications made in these areas.