For the purpose of this document The Market Builder, Inc. may be known as:
- NonProfit Advisor (N4Profit)
The Market Builder, Inc
5135 E Ingram Street
Mesa AZ 85205
Information we collect and how we use it:
We may collect the following types of information:
Information you provide:
When you sign up for an account on MBI.com or its subsidiaries we ask you for personal information. We may combine the information you submit under your accounts with information from other MBI products/services or third parties in order to provide you with a better experience and to improve the quality of our services.
When you access services offered by MBI via a browser, application or other clients/methods; our servers automatically record certain information. These server logs may include information such as your request, your interaction with a service, internet protocol address (IP address), browser type, browser language, the date and time of the request and one or more cookies that my uniquely identify you, your browser or your account.
When you communicate with MBI in any manner we may retain those communications in order to process your inquiries, respond to your requests and improve your service. When you send and receive SMS messages to or from one of your services that provides SMS functionality, we may collect and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction. We may use your email address to communicate with you about our services.
Affiliated MBI Services on other sites:
Third Party Applications
MBI and its subsidiaries offer location-enabled services, such as geo coding, distance calculations, mapping, metadata processing/storage and location finding. If you use those services, MBI may receive information about your actual location (such as GPS signals, cell ID, metadata, etc.). This information can be used to determine exact or approximate location. If you share this information through any media sharing services offered by MBI that information may be made publicly available. You are responsible for managing your own location data and we are not liable if you neglect to strip this information if you don’t want it publicly available.
In addition to the above, we may use the information we collect to:
- Provide, maintain, protect and improve our services (including advertising services) and develop new services; and
- Protect the rights or property of MBI, our users, or affiliates.
If we use this information in a manner different that the purpose for which it was collected, then we will ask for your consent prior to such use.
MBI processes personal information on our servers in the United States of America. In some cases, we process personal information outside of your own country.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of the services offered MBI, or its affiliates, may not function properly if your cookies are disabled.
From time to time email notifications and newsletters may be sent from different affiliates or partners. We may share opt in email communications from one affiliate and partner to another if we believe that you may receive a value from such offer. You then have the ability to opt out of further communications from that affiliate or partner.
MBI only shares personal information with other companies or individuals outside of The Market Builder, Inc. in the following limited circumstances:
We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request. (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to rights, property or safety of The Market Builder, Inc., its employees, its users, or the public as required or permitted by law.
We take appropriate security measures to protect against unauthorized access, alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage, and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to MBI employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentially obligations and may be subject to discipline, including termination, civil suits, or criminal prosecution if they fail to meet these obligations.
Accessing and updating personal information
When you use MBI’s services, we make good faith efforts to provide you with access to your personal information and either correct this data if it is inaccurate or delete such data at your request if it’s not otherwise required to be retained by law for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests. Examples of uniquely identifiable information are two forms of valid governmentally issued ID, in person with governmentally matching ID, or matching appropriate account validation information. We may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for example: requests concerning information residing on backups) or for which access is not otherwise required. In any case where we provide information access and corrections, we perform this service free of charge, except if doing so would require a disproportionate effort. Because of the way we maintain certain services, after you delete your information, residual copies may take a period of time before they are deleted from our active application and file storage and may remain on our backups.
Information that is publicly Available:
When you create accounts some information about our account and account activity will be posted for viewing by other users. This information may include account name, recent activities, and other non-directly identifiable information about your account. You may choose to make available directly identifiable information such as, email address, age, name, etc. at your own disclosure. If you use a username/handle that is directly identifiable to you outside of our websites we are not responsible for that disclosure. Any content that you upload and mark as public may be distributed across all partners and affiliates.
Publicly posted information
Public posting to chat rooms, forums, comments, user pages and other publicly accessible areas are just that, public and may be unmonitored. The Market Builder, Inc. is not responsible for the posts of others or content that is not created by us directly. Please see our Terms of Service below.
This Complaint Process applies to all of the products, services and websites offered by The Market Builder, Inc. or its subsidiaries or affiliated companies except where unique terms are needed. Those variations will be publicly posted. Sometimes, we may post product-specific terms or help materials will be provided to explain those products in more detail.
How does MBI determine if content should be removed?
For content to be considered for removal content must be uniquely identifiable by sight, audio, or video. A written request in proper format including but not limited to: Uniquely identifying the infringement (when, where, & by whom), proof of copyright, trademark or legal statue, name and contact information of person making the allegation of infringement. Examples of items that would not violate our privacy guidelines include public domain, fair use works, and for private use only. We also take public interest, newsworthiness, and consent into account when determining if content should be removed for a violation. The Market Builder, Inc. reserves the right to make final determination of content removed or if the content should be removed for other reasons.
The University of Texas http://www.utexas.edu/ has an article on fair use at http://copyright.lib.utexas.edu/copypol2.html#test. We recommend that you consult experts before defending a fair use complaint.
Other sites that may help you make a determination are:
How the removal process works.
If a privacy complaint is filed, the Market Builder, Inc. provides the uploader/user an opportunity to self-remove or edit their content. This notification is a priority to the Market Builder, Inc. and happens quickly. If the content has been removed we close the complaint. If the content has not been removed in a reasonable amount of time, the Market Builder, Inc. reviews the complaint and may take appropriate action. This includes but is not limited to removing the content and closing of the users account, or informing the complainant that that the responding parties did not remove the content and if they wish to continue the complaint they should seek legal recourse against the offending user. Personal information will only be shared with board accredited legal counsel or state/federal authorities. To protect the rights of all users’ personal information will not be shared directly to complainant. We also provide an urgent removal process for content that contains contact, location, sexual, blatantly illegal or infringing content, or financial information.
Reporting a violation.
To report a violation, start with filling out a complainant. Your privacy is respected in this process. At no point will your direct contact information be released to the other party without your consent. We do recommend that you provide enough information on the complaint form for the individual to identify that you are the proper owner of the material. Communications throughout this process are sent via email. Please add the complete domains of @themarketbuilder.com to your spam filter to ensure no missed communications.
First-Party Claims required:
We do not accept claims on behalf of third parties except in the following situations:
- The individual whose possible privacy is being violated does not have access to a computer
- The individual whose possible privacy is being violated is a vulnerable individual
- You are the parent or legal guardian whose possible privacy is being violated
- You are acting as the legal representative for the individual whose privacy or rights are possibly being violated.
We will not accept privacy complaints filed on behalf of
- Other family members (e.g. husband, wife, cousin, brother, sister)
- Co-workers or employees (individuals must report themselves)
A company that does not directly own the content. If a corporate identity owns the rights the representative must be a lawyer, a CEO, CFO or board member and provide documentation of such.
This refund policy applies to all of the products, services and websites offered by The Market Builder, Inc. or its subsidiaries or affiliated companies except where unique terms are needed. Those variations will be publicly posted. Sometimes, we may need product-specific policies. Help materials will be provided to explain those terms in more detail.
We believe you will be thrilled with the products and/or services you purchase or contract from the Market Builder, Inc. Every effort is made to ensure that our products and services are correct and what you paid for, and is the highest quality we can produce. However there are occasional misunderstandings, or issues involving production and equipment problems. In the unlikely event you are dissatisfied with your order please refer to the following terms.
All orders that have been manufactured with specifications decided by the customer are called Custom Made orders. Custom Made orders include but are not limited to static print jobs, variable data print jobs, bindery work, anytime a piece of raw material is modified in a production service to create a different product, and any time one-off custom orders are processed. All are subject to our satisfaction guarantee.
You have 31 days from the date of invoicing or payment whichever is first to request a satisfaction guarantee/warranty. After 31 days have elapsed, no guarantee or warranty will be honored.
All services contracted and billed on an hourly rate, contracted by flat rate or by retainer are not subject to the guarantee for replacement, except by breach of contract.
All postage, shipping, and handling are not subject to the guarantee and must be paid for future delivery of reproduced product. You are required to pay for the return shipping of the defective product.
Raw material defects are not covered by the guarantee.
Any errors by the customer are not covered by this guarantee.
A copy of the packing slip or the customer receipt must accompany all returns
All returns must be unused and complete.
It is up to the sole discretion of Market Builder, Inc. to determine if a refund will be given or if the defective product will be replaced.
So what is covered?
Market Builder, Inc. will correct, repair, or replace the merchandise in question when it is deemed to be a direct result of negligence of Market Builder, Inc. Some costs may be covered while others are not.
The Market Builder, Inc. and its subsidiaries exist to provide high quality printing and marketing services to professional, as well as up and coming artists.
UPS is our primary method of shipping, but we also offer USPS as a shipping option. Additional handling costs may be subject if changes are made.
Third party shipping is available on orders over $1000.
May ship by boxes, envelopes or pallets.
Terms of Service
This Terms of Service applies to all of the products, services and websites offered by The Market Builder, Inc. or its subsidiaries or affiliated companies except where unique terms are needed. Those variations will be publicly posted on the entities website. Sometimes, we may post product specific notices or Help Center materials to explain our products or services in more detail.
- Your Acceptance
- By using or visiting the Market Builder, Inc. (or its subsidiaries’) website(s) or using any products, software, data feeds, video streams, and services provided to you on, from or through the various offerings of Market Builder, Inc. (collectively the “Service”), you signify your agreement to these terms and conditions (the “Terms of Service”). Included herein by reference. If you do not agree to any of these terms, the Market Builder, Inc. requires you not to use this service.
- Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at link. Market Builder, Inc. in its sole discretion may modify or revise these Terms of Service and polices at any time, and you agree to be bound by such modification or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights benefits.
- These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the Market Builder, Inc., including but not limited to all products, software and services offered via the Market Builder, Inc. websites, such as the video channels, the print on demand applications, content hosing application and other applications
- The Service may contain links to third party websites that are not owned or controlled by the Market Builder, Inc. The Market Builder, Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Market Builder, Inc. will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve the Market Builder, Inc. from any and all liability arising from your use of any third-party website.
- The Market Builder, Inc. Accounts
- In order to access some features of the Service, you will have to create an account with the Market Builder, Inc. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Market Builder, Inc. immediately of any breach of security or unauthorized use of your account.
- Although the Market Builder, Inc. will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of MBI or others due to such unauthorized use.
- General Use of the Service-Permissions and Restriction
The Market Builder, Inc. grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without the Market Builder, Inc.’s prior written authorization, unless the Market Builder, Inc. makes available the means for such distribution through functionality offered by the Service.
- You agree not to alter or modify any part of the Service.
- In your use of the Service, you will comply with all applicable laws.
- The Market Builder, Inc. reserves the right to discontinue any aspect of the Service at any time.
- Your use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content
- The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to the Market Builder, Inc., subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your commercial, information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by The Market Builder, Inc. on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of The Market Builder, Inc. or the respective licensors of the Content. The Market Builder, Inc. and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Market Builder, Inc. is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Market Builder, Inc. with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Market Builder, Inc., its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
- Your Content and Conduct
- As an account holder of the Market Builder, Inc., you may submit Content to the Service, including videos and user comments. You understand that The Market Builder, Inc. does not guarantee any confidentiality with respect to any Content you submit.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Market Builder, Inc. all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Market Builder, Inc., you hereby grant the Market Builder, Inc. a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and the Market Builder, Inc. (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that the Market Builder, Inc. may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Market Builder, Inc. all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to the Market Builder, Inc.‘s Community Guidelines, currently found at link, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- The Market Builder, Inc. does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Market Builder, Inc. expressly disclaims any and all liability in connection with Content. The Market Builder, Inc. does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Market Builder, Inc. will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. The Market Builder, Inc. reserves the right to remove Content without prior notice.
- Account Termination Policy
- The Market Builder, Inc. will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- The Market Builder, Inc. reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive size. The Market Builder, Inc. may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
- Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- 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;
iii. 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Market Builder, Inc.’s designated Copyright Agent to receive notifications of claimed infringement is Robert Westinghouse, 5135 E Ingram St. Mesa, AZ 85205, email: firstname.lastname@example.org, fax:480-641-6239. For clarity, only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support, and other communications should be directed to The Market Builder, Inc. customer service through link. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
- Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
iii. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Phoenix, Arizona, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, The Market Builder, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored.
- Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MARKET BUILDER, INC., ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. SHOOTATTHIS, SQUARECIRCLE, GET2RETIRE, NONPROFIT ADVISOR (N4PROFIT), AND IOIO.COM MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE MARKET BUILDER, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHOOTATTHIS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
- Limitation of Liability
IN NO EVENT SHALL SHOOTATTHIS, SQUARECIRCLE, GET2RETIRE, NONPROFIT ADVISOR (N4PROFIT), AND IOIO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE MARKET BUILDER, INC. AND ITS SUBSIDIARIES (SHOOTATTHIS, SQUARECIRCLE, GET2RETIRE, NONPROFIT ADVISOR (N4PROFIT), AND IOSQUARED.COM) SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Service is controlled and offered by The Market Builder, Inc. from its facilities in the United States of America. The Market Builder, Inc. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ShootAtThis, SquareCircle, Get2Retire, NonProfit Advisor, IOSquare.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
- Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then you are not permitted to use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Market Builder, Inc. without restriction.
You agree that: (i) the Service shall be deemed solely based in Arizona; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over The Market Builder, Inc., either specific or general, in jurisdictions other than Arizona. These Terms of Service shall be governed by the internal substantive laws of the State of Arizona, without respect to its conflict of laws principles. Any claim or dispute between you and The Market Builder, Inc. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Maricopa County, Arizona. These Terms of Service, together with the Privacy Notice at link and any other legal notices published by The Market Builder, Inc. on the Service, shall constitute the entire agreement between you and The Market Builder, Inc. concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and The Market Builder, Inc.’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. The Market Builder, Inc. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND THE MARKET BUILDER, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.