TERMS & CONDITIONS
1. Global Internet Disclaimer. These Terms and Conditions govern your access to the MARS Website (the “Site”) operated by MARS Advertising, Inc. d/b/a The Mars Agency (“MARS”) and of any information, text, graphics, documents, collateral, or other materials appearing on the Site (“Content”). By accessing or using the Site or Content, you agree to be bound by these Terms and Conditions.
2. Modification. MARS reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or to modify these Terms and Conditions, at any time and without prior notice. Modifications will become effective as soon as they are posted on the Site. If the modified Terms and Conditions are not acceptable to you, your only recourse is to cease using the Site.
3. Using the Content. You acknowledge and agree that the information and materials presented on or through the Site will remain the property of MARS and its affiliates, including third parties, and are protected by all applicable copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations such that MARS’ rights are protected to the fullest extent provided by law. The materials produced by MARS (including individual articles, blogs, photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by MARS, and you shall not sell, post, reproduce, modify, or distribute in any way, in any medium.
You agree to use and distribute all Content only upon prior written approval from an officer at MARS and, in such event, unmodified and as provided by MARS and with all logos and copyright, trademark, trade name, service mark, and other proprietary rights notices provided by MARS (the “Marks”) intact and to not modify the Content, including but not limited to by removing, altering, or adding any text, graphics, warranty statements, logos, or Marks. You will not re-brand or co-brand the Content. You will not take any action in derogation of MARS’ rights in the Marks, including but not limited to applying to register any trademark, trade name, service mark, or other designation that is confusingly similar to any Mark.
4. No Relationship. You will explicitly inform recipients of Content that your distribution of Content in no way indicates that either MARS is sponsoring, endorsing, or promoting you or your products or services and that you are not affiliated with MARS. You understand and agree that you and MARS (or any of its affiliates) have not entered into any partnership, association, or joint venture.
5. Restrictions. Except as otherwise provided herein, all rights, title, and interest in and to the Site and Content are and will remain the exclusive property of MARS. The Site and Content are protected by copyright, trademark, and other laws, regulations, and international treaties. Except explicitly permitted above, you agree not to sell, copy, publish, distribute, transfer, modify, display, reproduce, or create any derivative works from the Site and Content. MARS will have the right to investigate and prosecute violations of any of the prohibitions and restrictions described in these Terms and Conditions to the fullest extent of the law.
6. No Warranty. The Site and Content, including but not limited to text, graphics, links and other items, has been prepared based upon sources, materials, and systems believed to be reliable and accurate, and are provided to you on an “AS IS” and “AS AVAILABLE” basis. MARS makes no representations, and disclaim all express, implied, and statutory warranties of any kind to you or any third party, including but not limited to representations and warranties regarding accuracy, timeliness, completeness, merchantability, fitness for any particular purpose, non-infringement of third-party rights, and freedom from computer viruses.
The Site may contain links to third-party websites or resources. You acknowledge and agree that MARS is not responsible or liable for the availability, accuracy, or content of such websites or resources. Links to such websites or resources do not imply any endorsement by MARS.
7. Limitation of Liability. Neither MARS nor any of its affiliates, directors, officers, employees or consultants are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Site and/or materials contained on the Site, any linked website or any content available through the Site, including any error, delay, virus, defect, interruption or performance failure of any kind. Your sole remedy for dissatisfaction with the Site, content, services or any linked site is to stop your use of it.
8. General. The failure of MARS to enforce any right or provision of these Terms and Conditions will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MARS. Except as expressly set forth in these Terms and Conditions, the exercise by MARS of its remedies under these Terms and Conditions will be without prejudice to its other remedies under these Terms and Conditions or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms and Conditions will remain in full force and effect. These Terms and Conditions shall be governed by the laws of the State of Michigan. By accessing or using the Site or Content, you consent to the personal jurisdiction of the applicable state or federal court closest to Southfield, Michigan and that any and all disputes arising out of these Terms and Conditions must be filed in that applicable state or federal court. MARS may amend, modify or terminate these terms at any time, with or without notice, at its sole discretion.
THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential’s damages, some of the above limitations may not apply to you. In such jurisdictions, MARS liability is limited to the greatest extent permitted by law.
11. Confidentiality. You agree to keep confidential any confidential business information relating to TMA including, but not limited to, sales information, marketing information and promotion plans, client lists, financial and legal information discussed or disclosed in the course of our interaction. “Confidential information” shall not include information which (a) was already known to you prior to the time that it is disclosed to you; (b) is in or has entered the public domain through no breach of these Terms and Conditions or other wrongful act by you; (c) has been rightfully received from a third party without breach of these Terms and Conditions; (d) has been approved for release by TMA; or (e) is required to be disclosed pursuant to the final binding order of a governmental agency or court of competent jurisdiction, provided that TMA has been given reasonable notice of the pendency of such an order and the opportunity to contest it.
12. Contacting MARS. If you have any questions about these Terms and Conditions, please contact MARS at [email protected].
Last Updated Date: June 30, 2020