PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE
By accessing or using this website at www.marchesecomp.com (the “Site”) you explicitly agree to comply with, and be bound by, the following terms and conditions (the “Terms and Conditions”). Thomas J. Marchese, its subsidiaries and affiliates (collectively, “Thomas J. Marchese”) may change or modify these Terms and Conditions at any time without notice to you. It is your responsibility to periodically review these Terms and Conditions for updates or changes. By using this website from time to time, it is presumed that you have read through these Terms and Conditions and failure to do so shall be a complete bar on any and all claims in law or equity that you bring against Thomas J. Marchese for any reason whatsoever. Your acceptance of these Terms and Conditions is an electronically binding agreement upon you. If you do not accept these Terms and Conditions, please do not register for or participate in using the Services offered by and through Thomas J. Marchese. If you are an agency using the Services on behalf of a client(s), by agreeing to these Terms and Conditions you are representing and warranting that you have the right and authority to use your client’s information and the Services available on the Site.
Thomas J. Marchese provides you with access to this Site and the services available on it, including but not limited to, other websites as indicated below (collectively, the “Services”). Access to and use of the Services shall be governed at all times by these Terms and Conditions.
MODIFICATION OF SERVICES
Thomas J. Marchese reserves the right to modify or discontinue the Services or any portion thereof, the offering of any information, goods, contents, products, services or otherwise with or without notice. Thomas J. Marchese shall not be liable to you or any third party should Thomas J. Marchese exercise its express right to modify or discontinue the Services or any portion thereof.
TERMINATION; SUSPENSION; MODIFICATION
You acknowledge and agree that Thomas J. Marchese has the right at any time and in such frequency as it determines to suspend, discontinue, or terminate the Services, in whole or part, with or without notice to you. You further acknowledge and agree that Thomas J. Marchese shall not be liable to you or any third party for any such suspension, discontinuance, or termination of the Services for any reason.
Under some circumstances, Thomas J. Marchese reserves the right to terminate your access to the Services, in whole or in part, immediately and without notice to you. Reasons for such a termination include, without limitation, (i) a breach or breaches of the Terms and Conditions or other agreements and/or guidelines incorporated herein by reference, (ii) engagement by you in conduct that is deemed by Thomas J. Marchese, in its sole and exclusive judgment, to be fraudulent or constituting an illegal act, (iii) a request made by you (self-selected termination); (iv) suspension, discontinuance, or material modification of the Services or a portion thereof; (v) unanticipated technical or security problems or issues; (vi) failure by you to pay or timely pay any fees, charges, or other monies due Thomas J. Marchese or such third parties as it may serve as agent for in connection with settling a transaction, if applicable; and (vii) violation of any agreement entered into in connection with your use of the Services. Any termination by Thomas J. Marchese of your account and/or access to the Services will include, without limitation (i) removal of access to any and all offerings comprising the Services, (ii) deletion of your secure password, log in information and related accounts, including all historical transaction data and summaries, if any, and (iii) a prohibition against your ability to use the Services at any time in the future. You acknowledge and agree that any termination for cause is in Thomas J. Marchese’s sole and exclusive discretion and that any termination of your access to the Services and/or your account shall not cause Thomas J. Marchese to be liable to you or any third party for any reason. Any Payment remaining owed to Thomas J. Marchese following a termination, discontinuance or suspension shall remain due and payable in accordance with the terms set forth herein regardless of whether the Thomas J. Marchese or the other party terminated the agreement between the parties.
COPYRIGHT; LICENSE; INFORMATION
All materials on the Site, regardless of whether copyrighted, including, but not limited to, the design, text, search results, graphics, pictures, sound files and other files, and the selection, arrangement and compilation of information (collectively, the “Materials”) are ALL RIGHTS RESERVED Copyright ©ThomasMarchese and/or its licensors. By accessing or using the Site, you are hereby granted a limited, non-assignable, non-sublicensable, and nonexclusive license to access and use this Site and Services therein and to print the Materials for your personal, informational and non-commercial use only. We expressly reserve the right, without notice and in our sole, good faith discretion, to terminate your license to access or use the Site and/or to prevent or block you from future access or use of this Site and the Services related thereto.
This license does NOT include the right for you to:
Publish, publicly perform or display or distribute to any third party, any Materials, including reproduction on any computer network, broadcast or publications media;
Market, sell, or make commercial use of the Site, Services or Materials;
Systematically collect or use of any data spiders, robots or other similar data gathering mining or extraction methods;
Reverse engineer any portion of the Site, the websites of third parties, or the Services contained herein;
Make derivative uses of the Site, Services or Materials;
Use, frame or utilize framing techniques to enclose any portion of this Site, Materials or Services;
Participate in or undertake any actions or practices that are not aligned with the spirit or intent of these Terms and Conditions or do anything that may be deemed to be commercially unreasonable.
Excluding the rights set forth above, you are not conveyed or granted any further right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright, confidential or proprietary information of Thomas J. Marchese or any third party. Unauthorized use of the Site or breach of the license granted hereunder will immediately terminate your rights under the license. Any unauthorized use may be in violation of federal, state or local law, regulations or guidelines. Any such violation is solely your responsibility and you shall indemnify Thomas J. Marchese for any claim in law or equity that may be brought against us as a result of your unauthorized use.
TRADEMARKS AND SERVICE MARKS
Thomas J. Marchese, and any and all of our logos related thereto are either trademarks or service marks of Thomas J. Marchese. Any and all logos of third parties that may be on or available through the Site are the trademarks or service marks of the respective third parties. Any such trademarks or service marks of Thomas J. Marchese or third parties shall not be copied, imitated or used in whole or in part without prior written consent. You shall not use any Meta tags or any type of ‘hidden text’ utilizing Thomas J. Marchese or any third party without the prior written consent of that respective party. All page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Thomas J. Marchese or a third party and shall not be copied, imitated or used in whole or in part without the prior written consent of the respective party. Any reference to a product, service, process, information, or otherwise contained on or available through the Site does not constitute or imply any endorsement, sponsorship, recommendation, approval or otherwise by Thomas J. Marchese,.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
Thomas J. Marchese complies with the provisions of the Digital Millennium Copyright Act (the “DMCA”) as applicable to Internet service providers (17 U.S.C. § 512, as such may be amended from time to time). If you reasonably and in good faith believe that your work has been copied, imitated or improperly used in violation of the federal copyright laws and has been posted to the Site, please provide Thomas J. Marchese, with all of the following information in writing:
Electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted interest;
Description of the copyrighted work that you claim has been infringed upon;
Description of where the material that you claim is infringing your copyrighted material is located;
Your address, telephone and email address so that we can contact you if necessary;
A statement by you that you have a reasonable, good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you made under penalty of perjury, that the above information in your notice to
Thomas J. Marchese, is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Before sending a notice to Thomas J. Marchese,, you should confirm that you are the rightful copyright owner or have the lawful rights to the copyright which the DMCA requires. Failure to include all of the information requested herein may result in a delay or failure to review your claim. Please send such notice to: Thomas J. Marchese, 4937 W Broad St., Columbus, OH 43228
LINKS TO OTHER WEBSITES
The Services available through the Site includes links to websites of third parties. Such third-party websites are NOT under the control of Thomas J. Marchese. Further,Thomas J. Marchese provides these links to you only as a convenience, and the inclusion or availability of any third party website through the Site is in no way intended to be or imply an affiliation, endorsement, approval of, adoption or otherwise by Thomas J. Marchese. Thomas J. Marchese is not responsible or liable for any content or otherwise of any third party website made available through the Site. It is solely your responsibility to make the necessary investigations you deem appropriate before proceeding with any transaction with any third party. Upon leaving the Site, these Terms and Conditions no longer govern the new website that you may be visiting. It is solely your responsibility to locate and review all applicable terms and conditions therein.
DISCLAIMER OF LIABILITY FOR THIRD PARTY CONTENT
Thomas J. Marchese, is not a publisher of content supplied by third parties or users of the Site. Any and all opinions, advice, statements, services, goods, products, offers or other information expressed or made available by third parties are those solely of the respective author(s) or distributor(s), not Thomas J. Marchese. Thomas J. Marchese, does not endorse, approve, nor are we responsible for the accuracy, reliability or currency of any opinion, advice, statement or otherwise made on any third party website.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Thomas J. Marchese, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, MATERIALS OR SERVICES OR INFORMATION PROVIDED BY THIRD PARTIES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS SECTION, IN THE EVENT A SUBSEQUENT AGREEMENT ENTERED INTO IN CONNECTION WITH YOUR USE OF THE SERVICES PROVIDES FOR TERMS WITH RESPECT TO LIMITATION OF LIABILITY THAT IS CONTRADICTED BY THIS SECTION, THE TERMS WITH RESPECT TO LIMITATION OF LIABILITY SET FORTH IN SUCH SUBSEQUENT AGREEMENT WILL CONTROL AND SUPERSEDE THIS SECTION WITH RESPECT TO SUCH PARTICULAR SERVICES.
FURTHER NOTWITHSTANDING THE FOREGOING, SOME OF THE FOREGOING EXCLUSIONS OF CERTAIN WARRANTIES AND/OR THE LIMITATION AND/OR EXCLUSION OF WARRANTIES MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT ALLOW IT.
You agree, as additional consideration for your use of the Services, to fully indemnify and hold harmless Thomas J. Marchese, and its officers, employees, agents, affiliates, partners, licensors, parents and subsidiaries from and against any demand or claim, including reasonable attorneys’ fees, made by any third party due to or arising out your use of the Services, your connection to the Services, your violations of the Terms and Conditions, any Content you submit, post, transmit or otherwise make available through the Services, or your violation of any rights of another.
THIS SITE, THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, THE MATERIALS AND/OR THE SERVICES OR OTHERWISE IS AT YOUR SOLE RISK. Thomas J. Marchese, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO ANY MATERIALS, INFORMATION OR OTHERWISE ON THE SITE. Thomas J. Marchese, DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS OR OTHERWISE ON THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Thomas J. Marchese, IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PHOTOGRAPHY, TEXT OR OTHERWISE.
Thomas J. Marchese, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES ARE NOT RESPONSIBLE FOR AND YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, ANY LOSS OF DATA AND ANY OTHER NEGATIVE CONSEQUENCES THAT MAY BE CAUSED BY YOUR USE OF THE SERVICES AND ANY MATERIALS ACCESSED, VIA DOWNLOAD OR OTHERWISE, FROM THE SERVICES.
ANY MATERIALS, INCLUDING WITHOUT LIMITATION INFORMATION, RECORDS, REPORTS, AND RESEARCH, ACCESSED, VIA DOWNLOAD OR OTHERWISE, THROUGH THE SERVICES ARE ACCESSED AT YOUR SOLE AND EXCLUSIVE RISK AND DISCRETION.
Thomas J. Marchese, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS, AND SUBSIDIARIES MAKE NO WARRANTY, EXPRESS OR IMPLIED, THAT (i) THE SERVICES, INCLUDING WITHOUT LIMITATION MATERIALS PROVIDED TO YOU THROUGH THE SERVICES (e.g., INFORMATION, RECORDS, REPORTS AND RESEARCH) WILL BE ERROR-FREE, ACCURATE, TIMELY, SECURE, RELIABLE OR UNINTERRUPTED, FREE FROM VIRUSES, BUGS, DEFECTS OR DEFICIENCIES (ii) THE SERVICES WILL MEET YOUR REQUIREMENTS AND (iii) ANY ERRORS IN THE SERVICES AND/OR THE SOFTWARE WILL BE CORRECTED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS SECTION, IN THE EVENT A SUBSEQUENT AGREEMENT ENTERED INTO IN CONNECTION WITH YOUR USE OF THE SERVICES PROVIDES FOR WARRANTIES CONTRADICTED BY THIS SECTION, THE WARRANTIES SET FORTH IN SUCH SUBSEQUENT AGREEMENT WILL CONTROL AND SUPERSEDE THIS SUBSECTION WITH RESPECT TO SUCH PARTICULAR SERVICES.
NO INFORMATION, ADVICE, OR INSTRUCTION, REGARDLESS OF FORM OF COMMUNICATION, PROVIDED TO YOU FROM Thomas J. Marchese, WHETHER THROUGH USE OF THE SERVICES OR FROM Thomas J. Marchese’S OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, LICENSORS, PARENTS AND SUBSIDIARIES, WILL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
CHOICE OF LAW, WAIVER, CLAIMS
These Terms and Conditions shall be governed by the laws of the State of Ohio without regard to conflicts of law. Thomas J. Marchese’s failure to exercise or enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of any future right or provision. If any provision or right contained in these Terms and Conditions is found by a court of competent jurisdiction to be invalid, such provision or right shall be severed from these Terms and Conditions and the remainder of these Terms and Conditions shall continue to be binding upon you to the maximum extent allowed by law.
Any and all claims or controversies arising out of or related to these Terms and Conditions will be settled in binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (the “AAA”). Any and all claims or controversies must be arbitrated on an individual basis and must not be consolidated in any arbitration with any other claim or controversy of any other party. Such arbitration shall be conducted in Columbus, Ohio and any judgment rendered may be entered into any court having jurisdiction thereof. Either you or Thomas J. Marchese, may seek any interim or preliminary relief from a court of competent jurisdiction in Ohio as may be necessary to protect the rights or property of you or Thomas J. Marchese.
With respect to any litigation based on, arising out of, or in connection with the use of this Site, the Services or the Materials, the parties hereby expressly submit to the personal jurisdiction of the State of Ohio located in Franklin County or the United States District Court for the Southern District of Ohio (and any courts of appeal respectively there from). The parties hereby expressly waive, to the fullest extent permitted by law, any objection that they may now or hereafter have to the laying of venue of any such litigation brought in any such court referred to above, including without limitation any claim that any such litigation has been brought in an inconvenient forum.
Regardless of any statute, law, regulation or otherwise to the contrary, and claim or controversy arising out of or related to the use of the Services or Site must be filed within one year after such claim or controversy arose. Failure to file such claim or controversy within the allotted one year shall be forever barred.
The parties agree that the specific terms of these Terms and Conditions will not be disclosed to any person or entity, except as required by law, that is not a party to these Terms and Conditions or their respective independent contractors, assignees or affiliates on a need-to-know basis, which may include, but not necessarily be limited to, each respective party’s legal counsel, bankers and/or investors.
Notwithstanding the Confidentiality provisions of this Section, either party may issue press releases to announce the relationship formed herein and the services being offered. Each press release prepared shall be submitted to the other party for approval. Such approval may be withheld for any reason.
This Agreement constitutes the entire agreement between the parties in respect of the Services. Any modifications to these Terms and Conditions must be made in a writing executed by both parties, by your online acceptance of updated terms, or after your continued participation in the Services after such terms have been updated by Thomas J. Marchese.
The rights and remedies provided herein and in all other agreements, instruments, and documents delivered pursuant to or in connection with these Terms and Conditions, and by applicable law are cumulative and are in addition to and not exclusive of any other rights or remedies provided by law.
The provisions of these Terms and Conditions are severable. If any clause or provision hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision or part thereof in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction or any other clause or provision in these Terms and Conditions in any jurisdiction.
SUCCESSORS AND ASSIGNS.
You may not assign any of your rights or responsibilities hereunder without first receiving the prior written consent of Thomas J. Marchese,.
The section headings contained in these Terms and Conditions are included for convenience only, and shall not limit or otherwise affect the terms of these Terms and Conditions.
RELATIONSHIP OF THE PARTIES.
Nothing in these Terms and Conditions is to be construed as creating an agency, partnership, or joint venture relationship between the parties.
You represent and warrant that by accepting these Terms and Conditions and/or using the Services in any way, that you are not breaching any duty or obligation to any third-party and that the person executing these Terms and Conditions on behalf of it is the duly authorized representative of such party and authorized to bind it to the terms of these Terms and Conditions.