PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS & CONDITIONS, YOU MAY NOT ACCESS OR USE OUR WEBSITE OR SERVICES. IF YOU DO NOT UNDERSTAND THESE TERMS AND CONDITIONS, DO NOT USE OUR WEBSITE OR SERVICES. WE MAY MODIFY THIS AGREEMENT AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE OR SERVICES AFTER SUCH NOTICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT, INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR OTHER CHANGES.
"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
"Agreement" means these Customer Terms of Service and all materials referred or linked to in here.
"Billing Period" means the period for which you agree to prepay fees under an Order Form, which will be the same as or shorter than the Subscription Term as specified in the Order Form. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.
"Communication Services" means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or with a private group.
“Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential. Confidential Information shall include all information concerning: (a) Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data shall be Confidential Information under this Agreement regardless of whether or not it is designated as confidential.
"Contact" means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service.
"Contact Information" means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.
"Consulting Services" means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.
"Customer Data" means all information that you submit or collect via the Subscription Service. Customer Data does not include Market Like Pro Pvt. Ltd. Content.
"Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.
"Email Send Limit" means the number of emails that you may send in any given calendar month.
“Free Services” means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.
“Full-Service Marketing Website Products” means our Marketing Website Professional and Marketing Website Enterprise marketing products.
"Market Like Pro Pvt. Ltd. Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services.
"Order" or "Order Form" means the Website-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. Most Orders are completed through our online payment process or via in-app purchase. The Order may be referred to as a "Statement of Work" if you are purchasing only Consulting Services.
"Subscription Fee" means the amount you pay for the Subscription Service.
"Subscription Service" means all of our web-based inbound marketing and sales applications, tools and platforms that you have subscribed to by an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us.
"Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any). For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.
"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.
"Users" means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.
"Market Like Pro Pvt. Ltd.", "www.marketlikepro.com", "we", "us" or “our” means Founders, Directors, Managers, Affiliates and Office Staff of Market Like Pro Pvt. Ltd.
"You", "your" or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer.
Except for User Content (as defined below), all content made available through the Services, including images made available through any website builder tools provided by Market Like Pro Pvt. Ltd. (the "Licensed Images"), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "Website Content"), are the property of Market Like Pro Pvt. Ltd. or its licensors. No Website Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, dis- played, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Website Content.
To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Market Like Pro Pvt. Ltd. Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party's trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. Any use of the Website Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Website Content granted herein. All rights of Market Like Pro Pvt. Ltd. or its licensors that are not expressly granted in this Agreement are reserved to Market Like Pro Pvt. Ltd. and its licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collec- tively, "User Content"). User Content includes any content posted by you and users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Market Like Pro Pvt. Ltd. that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
You acknowledge and agree that Market Like Pro Pvt. Ltd. may, but is not obligated to, monitor User Content and may immediately take any corrective action in Market Like Pro Pvt. Ltd.'s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any prepaid fees. You hereby agree that Market Like Pro Pvt. Ltd. shall have no liability due to any corrective action that Market Like Pro Pvt. Ltd. may take, including without limitation suspension or termination of Services.
You hereby grant to Market Like Pro Pvt. Ltd., to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, Market Like Pro Pvt. Ltd. is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
ADDITIONAL USER RESPONSIBILITES:
You will cooperate fully with Market Like Pro Pvt. Ltd. in connection with Market Like Pro Pvt. Ltd.'s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for Market Like Pro Pvt. Ltd.'s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Market Like Pro Pvt. Ltd. to provide the Services, which hardware and software may be changed by Market Like Pro Pvt. Ltd. from time to time in its sole discretion.
You will be solely responsible for backing-up all User Content, including any User Websites off of Market Like Pro Pvt. Ltd.'s servers. This is an affirmative duty. Market Like Pro Pvt. Ltd. is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by Market Like Pro Pvt. Ltd.
You are responsible for the security of your User account, User Content, and User Websites. You will maintain at all times, and are responsible for, the security and confidentiality of all account credentials, including your username and password.
You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, Website Content or the Services in any way (including any malware).
THIRD PARTY WEBSITES:
The Services may contain links to other websites that are not owned or controlled by Market Like Pro Pvt. Ltd. ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
The Receiving Party (herein referred to as the ‘USER’) shall: (i) protect the confidentiality of the Confidential Information of the Disclosing Party (herein referred to as the Market Like Pro Pvt. Ltd.) using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Subscription Service or Consulting Services and ex- cept for your Website Solutions Partner bound by confidentiality obligations), and (iv) limit access to Confidential Information of the Disclosing Party to those of its and its affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) Receiving Party will provide Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, Receiving Party shall disclose the minimum amount of Confidential In- formation required to be disclosed under the applicable legal mandate; and (ii) in no event shall Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure.
DISCLAIMERSAND LIMITATIONS OF LIABILITY:
DISCLAIMER: You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that Market Like Pro Pvt. Ltd. exercises no control over, and accepts no responsibility for, the content of the information passing through Market Like Pro Pvt. Ltd.'s host computers, network hubs and points of presence or the Internet.
Market Like Pro Pvt. Ltd. represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on the Market Like Pro Pvt. Ltd.. Your sole and exclusive remedy, and Market Like Pro Pvt. Ltd.'s sole obligation, for breach of the foregoing warranty shall be for Market Like Pro Pvt. Ltd., at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of Market Like Pro Pvt. Ltd.'s reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of Market Like Pro Pvt. Ltd..
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, MARKET LIKE PRO PVT. LTD. AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE "MARKET LIKE PRO PVT. LTD. PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE MARKET LIKE PRO PVT. LTD. PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE MARKET LIKE PRO PVT. LTD. PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY MARKET LIKE PRO PVT. LTD. OR MARKET LIKE PRO PVT. LTD.'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. MARKET LIKE PRO PVT. LTD. DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. MARKET LIKE PRO PVT. LTD. DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR MARKET LIKE PRO PVT. LTD. IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
LIMITATION OF LIABILITY:
MARKET LIKE PRO PVT. LTD. SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE MARKET LIKE PRO PVT. LTD. PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL IN?FORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATE?RIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF MARKET LIKE PRO PVT. LTD. IS AWARE OR HAS BEEN ADVISED OF THE POS?SIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MARKET LIKE PRO PVT. LTD.'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MARKET LIKE PRO PVT. LTD. FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
MARKET LIKE PRO PVT. LTD.’S ACCEPTABLE USE POLICY:
No Illegal or Harmful Use - You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
Disclosing private sensitive personal information about others;
Distributing malware or other malicious code;
Engaging in the unlawful distribution of controlled substances and drug contraband;
Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the International Center for Missing and Exploited Children (ICMEC);
Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
Hosting or linking to an anonymous proxy server;
Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify Market Like Pro Pvt. Ltd. by completing the Report Member Violations form, or emailing us at firstname.lastname@example.org;
Phishing or engaging in identity theft;
Selling weapons or ammunition;
No Unauthorized System Access or Network Abuse - You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
Attacking other networks (i.e. Denial of Service (DoS) attacks);
Intercepting or monitoring data without permission;
Running a file sharing site;
Running any software that interfaces with an IRC (Internet Relay Chat) network;
Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Market Like Pro Pvt. Ltd.'s website or servers for any unauthorized purpose;
Don't Hamper System Performance - Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
No Adult Content - You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
No Storage of Backups - Backing up personal data to a hosting account is prohibited. Our Services are designed to host your web site, not serve as a data repository. Market Like Pro Pvt. Ltd. reserves the right to remove backups from your hosting account.
DEFAMATION AND OBJECTIONABLE CONTENT:
Market Like Pro Pvt. Ltd. values the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, Market Like Pro Pvt. Ltd. is not a publisher of User content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which Market Like Pro Pvt. Ltd. may find objectionable, should be censored. Accordingly, Market Like Pro Pvt. Ltd. generally requires a court order from a court of competent jurisdiction, as determined by Market Like Pro Pvt. Ltd. in its sole discretion, to take down alleged defamatory or objectionable content. However, Market Like Pro Pvt. Ltd. reserves the right to disable or remove any content to prevent harm to others or to Market Like Pro Pvt. Ltd., as determined in Market Like Pro Pvt. Ltd.'s sole discretion.
If there is a violation of this AUP by a User of a Reseller, Market Like Pro Pvt. Ltd. will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
Your Services may be terminated with or without notice upon any violation of this AUP.
If applicable, violations will be reported to the appropriate law enforcement agency.
A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
We reserve the right to enforce, or not enforce, this AUP in our sole discretion.
Reporting violations of this AUP.
If you feel you have discovered a violation of our AUP please complete the Report Member Violations form, or email us at email@example.com.
You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of (a) unauthorized or illegal use of the Subscription Service by you or your Affiliates, (b) your or your Affiliates' noncompliance with or breach of this Agreement, (c) your or your Affiliates' use of Third-Party Products, or (d) the unauthorized use of the Subscription Service by any other person using your User information. We will: notify you in writing within fifteen (15) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
GOVERNING LAWS AND LEGAL ACTION:
JURISDICTION: Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the laws of India. Any suit, action or proceeding concerning this Agreement must be brought in Civil Courts, located in Mumbai, Maharashtra, India. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
ARBITRATION: You agree that in the event of any dispute between you and Market Like Pro Pvt. Ltd., you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under below mentioned Terms:
Any dispute or claim that remains unresolved after the informal dispute resolution described above, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a “Claim”) or Claims seeking more than Rs.10,000 in damages, will be resolved by binding arbitration.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same dam?ages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the Arbitration and Conciliation Act, 1996.
A party who intends to seek arbitration must first send written notice to Market Like Pro Pvt. Ltd.'s Legal Department of its intent to arbitrate ("Notice"). The Notice to Market Like Pro Pvt. Ltd. should be sent by any of the following means:(i) electronic mail to firstname.lastname@example.org; or (ii) sending the Notice by Indian Postal Service. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within fifteen (15) days after the Notice is received, you or Market Like Pro Pvt. Ltd. may commence an arbitration proceeding.
The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
To the fullest extent permitted by applicable law, you and Market Like Pro Pvt. Ltd. each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). You and Market Like Pro Pvt. Ltd. expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Any judgment on the award rendered by the arbitrator may be entered in any Mumbai City Civil Courts of competent jurisdiction.
If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Market Like Pro Pvt. Ltd. each agree to the exclusive jurisdiction of the Civil Courts, located in Mumbai, Maharashtra, India, and you and Market Like Pro Pvt. Ltd. each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Market Like Pro Pvt. Ltd. maintains a zero tolerance policy for use of its networker services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail.
It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate any applicable laws.
You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
Use or contain invalid or forged headers;
Use or contain invalid or non-existent domain names;
Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path;
Use other means of deceptive addressing;
Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party;
Contain false or misleading information in the subject line or otherwise contain false or misleading content;
Fail to comply with additional technical standards described below;
Otherwise violate Market Like Pro Pvt. Ltd.'s User Agreement, AUP and other Terms of Service.
Market Like Pro Pvt. Ltd. does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. Market Like Pro Pvt. Ltd. does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are Market Like Pro Pvt. Ltd.'s confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
Market Like Pro Pvt. Ltd. does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any Market Like Pro Pvt. Ltd. product or service.
We monitor for SPAM all traffic to and from our servers. Customers suspected of using Market Like Pro Pvt. Ltd.'s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is Market Like Pro Pvt. Ltd.'s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. Market Like Pro Pvt. Ltd. may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use Market Like Pro Pvt. Ltd. systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of Market Like Pro Pvt. Ltd. is prohibited.
If Market Like Pro Pvt. Ltd. believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. Market Like Pro Pvt. Ltd. may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
Market Like Pro Pvt. Ltd. reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in Market Like Pro Pvt. Ltd.'s sole judgment, which could disrupt Market Like Pro Pvt. Ltd.'s business operations, Market Like Pro Pvt. Ltd. reserves the right to charge such Customer an administrative fee equal to Rs.100 per each piece of SPAM sent.
To report an incidence of SPAM, please send an e-mail to email@example.com.
Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of Market Like Pro Pvt. Ltd.'s rights.
BILLING AND PAYMENT:
Fees Due: You will pay to Market Like Pro Pvt. Ltd. all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
Price Increases: Market Like Pro Pvt. Ltd. may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by Market Like Pro Pvt. Ltd. or in a promotional offer (the "Service Description") and (ii) at any time on or after expiration of the Initial Term by providing fifteen (15) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Market Like Pro Pvt. Ltd. through the User billing tool or other methods of communications and notices sent or posted by Market Like Pro Pvt. Ltd..
Taxes: The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Market Like Pro Pvt. Ltd.'s invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
Automatic Renewals: By purchasing the Services, you agree to allow Market Like Pro Pvt. Ltd. to place your account on a recurring payment plan. The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, Market Like Pro Pvt. Ltd. shall provide notice of the upcoming charge to User no later than fifteen (15) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file. Market Like Pro Pvt. Ltd. may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
Failure to Pay: If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Market Like Pro Pvt. Ltd., including without limitation, any arbitration and legal fees and Market Like Pro Pvt. Ltd.'s reasonable attorneys' fees. If any check is returned for insufficient funds, Market Like Pro Pvt. Ltd. may impose a minimum processing charge of Rs. 100 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment.
Fraud: It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Disputes: You have ninety (90) days to dispute any charge or payment processed by Market Like Pro Pvt. Ltd.. If you have a question concerning a charge you believe is incorrect, please call us and we will investigate. If you initiate a charge back, there may be a minimum charge of Rs. 100 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
15-DAY MONEY BACK GUARANTEE:
If you purchase an account with a fifteen (15) day money-back guarantee, you may receive a full refund of all basic hosting fees paid (the "Money-back Guarantee Refund") if you cancel within the first fifteen (15) days of the Initial Term (the "Money-back Guarantee Period"). The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section.
The Money-back Guarantee Refund is valid for PayPal and credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of Market Like Pro Pvt. Ltd..
Only first-time hosting accounts are eligible for the Money-back Guarantee Refund. For example, if you previously had an account with Market Like Pro Pvt. Ltd. and you canceled your account and signed up for a new account, you will not be eligible for the Money-back Guarantee Refund on the second account. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
SUBSCRIPTION TERM, TERMINATION, SUSPENSION:
TERM AND RENEWAL: Your initial subscription period will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the subscription period, or one year. To prevent renewal of the subscription, the required notice must be provided within the time frame as specified in the ‘Subscription Types’ section below. If you use our Free Services, we will make the Free Services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.
EARLY CANCELLATION: You may choose to cancel your subscription early at your convenience provided that, we will not provide any refunds of prepaid fees or unused Subscription Fees, and you will promptly pay all unpaid fees due through the end of the Subscription Term.
TERMINATION FOR CAUSE: Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon fifteen (15) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause on fifteen (15) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Subscription Term.
SUSPENSION FOR PROHIBITED ACTS: We may suspend any User’s access to any or all Subscription Services without notice for: (i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (ii) use of the Market Like Pro Pvt. Ltd. email send service that results in excessive hard bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or (iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity. We may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these terms or the AUP, provided that, we have no duty to prescreen, control, monitor or edit your Customer Data or Customer Materials.
SUSPENSION FOR NON-PAYMENT: We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.
SUSPENSION FOR PRESENT HARM: If your website, or use of, the Subscription Service: (i) is being subjected to denial of service attacks or other disruptive activity, (ii) is being used to engage in denial of service attacks or other disruptive activity, (iii) is creating a security vulnerability for the Subscription Service or others, (iv) is consuming excessive bandwidth, or (v) is causing harm to us or others, then we may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service. We will try to limit the suspension to the affected portion of the Subscription Service and promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
SUSPENSION AND TERMINATION OF FREE SERVICES: We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.
EFFECT OF TERMINATION OR EXPIRATION: If your paid subscription is terminated or expires, we will continue to make available to you our Free Services provided however, this may not be the case if your Agreement was terminated for cause. You may request the deletion of your Market Like Pro Pvt. Ltd. account after expiration or termination of your subscription by sending a request to firstname.lastname@example.org. You will continue to be subject to this Agreement for as long as you have access to an account. Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and Website Content. We may or may not provide you the opportunity to retrieve Customer Data after termination or expiration, depending on the type of applicable subscription as specified in the ‘Retrieval of Customer Data’ section below. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due through the end of the Subscription Term. Fees are otherwise non-refundable.
SUBSCRIPTION TYPES AND TERMS:
SUBSCRIPTION TYPES: We offer three main types of subscriptions: (a) Full- Service Subscriptions, (b) Limited Service Subscriptions, and (c) Free Subscriptions. There are different terms that apply depending on the subscription you pur- chase, and we cover those differences in this section. Unless otherwise agreed to in an Order, the following subscription types apply to the products specified:
Full-Service Subscriptions: Marketing Website Enterprise, Marketing Website Professional, and paid Add-Ons to our Full-Service Marketing Website Products that are not otherwise Limited Service Subscriptions.
Limited Service Subscriptions: Marketing Website Starter, Sales Website products, Service Website products, the WebSpot CMS, and paid Add-Ons to these products or the WebSpot CRM.
Free Subscriptions: WebSpot CRM and all other products for which you do not pay us a Subscription Fee that we do not otherwise name in this ‘Subscription Types’ section.
LIMITS: The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog, and for our Free Subscriptions, these limits may also be designated only from within the product itself. You must be 18 years of age (or 20 years of age, if you are subject to the laws of Japan) or older to use the Subscription Service.
For our Full-Service Subscriptions, if we make modifications to the limits set forth in the Product and Services Catalog that would negatively impact you, these modifications will not apply to you until the start of your next renewal Subscription Term. On renewal, the current product usage limits in our Product and Services Catalog will apply to your subscription, unless you and we otherwise agree. For our Limited Service Subscriptions, we may change the limits that apply to you at any time in our sole discretion.
For our Free Subscriptions, we may change the limits that apply to your use at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.
DOWNGRADES: For our Professional and Enterprise edition products, you may not downgrade your subscription and in order to avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs. For our Starter edition products, you may downgrade your subscription at the start of your next renewal Subscription Term.
MODIFICATIONS: We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience.
For our Full-Service Subscriptions, we will not make changes to the Subscription Service that materially reduce the functionality provided to you during the Subscription Term.
For our Limited Service Subscriptions and Free Subscriptions, we may make changes that materially reduce the functionality provided to you during the Subscription Term.
NOTICE OF NON-RENEWAL: Your subscription will automatically renew according to the ‘Term and Renewal’ section above.
Unless otherwise specified in your Order, to prevent renewal of a Full-Service Subscription, you or we must give written notice of non-renewal and this written notice must be received no less than ten (10) days in advance of the end of the Subscription Term.
Unless otherwise specified in your Order, to prevent renewal of a Limited Service Subscription, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
If you decide not to renew, you may send this non-renewal notice to us by indicating that you do not want to renew by turning auto-renew off by accessing the billing details information in your account.
To prevent continuation of the Subscription Term of a Free Subscription, you or we may close your account.
RETRIEVAL OF CUSTOMER DATA: For our Full-Service Subscriptions, if you make a written request within fifteen (15) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Fifteen (15) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited or (ii) save as set out in the ‘Deletion or Return of Personal Data’ section of the DPA, then such Personal Data shall be Processed in accordance with our DPA.
For our Limited Service and Free Subscriptions, we will not provide you with any access to Customer Data after termination or expiration of your subscription.
Market Like Pro Pvt. Ltd. and User are independent contractors and nothing contained in this Agreement places Market Like Pro Pvt. Ltd. and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Market Like Pro Pvt. Ltd.. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Market Like Pro Pvt. Ltd. may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.
Material featured on this Website may be reproduced free of charge after taking proper permission by sending a mail to us. However, the material has to be reproduced accurately and not to be used in a derogatory manner or in a misleading context. Wherever the material is being published or issued to others, the source must be prominently acknowledged. However, the permission to reproduce this material shall not extend to any material which is identified as being copyright of a third party. Authorisation to reproduce such material must be obtained from the departments/copyright holders concerned. These terms and conditions shall be governed by and construed in accordance with the Indian Laws. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of India.
You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the India (or, if you are outside of the India, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the Indian government and any country or organization of nations within whose jurisdiction you operate or do business.