These Terms of Service (the "Terms") apply to your access and use of the AdScientist world wide web site (www.adscientist.com). AdScientist is a service of MORDCOMM, Inc. (hereinafter referred to as "MORDCOMM"), and all information and Content (as defined in these Terms) on the MORDCOMM web site (together with the design, layout and organization and the underlying source HTML files that implement the hypertext features, is hereinafter referred to as the "Site") may be used solely under the following Terms. Please read the Terms carefully and completely before using the Site. By accessing, browsing or using the information or services on the Site, you (the "User") expressly agree to and consent to be bound by the Terms in full. If the following Terms are not acceptable in full, you must immediately terminate your use of the Site. Users accessing or using the Site do so on their own initiative and are responsible for compliance with all local laws. The Site and these Terms may be changed by MORDCOMM, in its sole discretion, at any time without notice. Use of the Site subsequent to any change constitutes User’s acceptance of the change. Users are advised to read these Terms each time they access the Site for any changes to these Terms.
Purpose and Use of the Site
The general purpose of the Site is to provide Users with information about MORDCOMM's services related to MORDCOMM's proprietary system for managing and monitoring Client's online advertising. The specific services provided by MORDCOMM from time to time are set forth in detail in the Site (collectively referred to hereinafter as the "Services"). MORDCOMM, in its sole discretion, may accept or reject for any reason a User as a customer of the Services. If User is accepted by MORDCOMM as a customer of the Services, as a condition to accessing and using any of the Services offered by MORDCOMM in the Site, User's right to access the Site and the Services is subject to any limits established by MORDCOMM. For every usage over any limit, MORDCOMM reserves the right to charge User an additional fee. User agrees that it will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or the Services except those automated means expressly made available by MORDCOMM, if any, or authorized in advance and in writing by MORDCOMM. User agrees that it will not use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation to the foregoing, User further agrees that it will not take any action that imposes an unreasonable or disproportionately large load on MORDCOMM's infrastructure, as determined by MORDCOMM.
As between MORDCOMM and Users, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the “Content”), is the property of MORDCOMM or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of MORDCOMM or any third party that may own the trademark or copyright of material displayed on the Site.
Subject to User's full compliance with these Terms, User is hereby granted a non-exclusive, nontransferable, revocable, limited license to view, download, print and use information retrieved from the Site, provided that: (i) it is solely for User’s own lawful, personal, informational, non-commercial purposes: (ii) User does not remove or obscure the copyright notice or other notices; (iii) the Content, or any part thereof, is not modified; and (iv) it is au tom atically done through User's browser software incidentally to using the Site and/or the Services. Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembles, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means. In no event shall materials from the Site be stored in any information storage and retrieval system without the prior written permission from MORDCOMM.
User understands and agrees that MORDCOMM may alter, suspend or discontinue the Site and/or the Services and may change any information, features and functions of the Site and/or the Services at any time for any reason, without notice, cost or liability. User further understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which MORDCOMM may undertake from time to time; or (iii) causes beyond the control of MORDCOMM or which are not reasonably foreseeable by MORDCOMM, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that MORDCOMM has no control of the availability of the Site or the Services on a continuous or uninterrupted basis.
User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for User’s use of the Site and the Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and the Services, are compatible with the Site and the Services. While MORDCOMM will endeavor to make timely backups of all reports to User, User is responsible to backup all reports made while using the Service.
The Site and the Services currently are intended for use by Users located in the United States (" U.S. "). MORDCOMM makes no representation or warranty that information on the Site is currently appropriate for any other jurisdiction. Those who choose to access the Site from outside the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
MORDCOMM reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate User’s access to or use of all or any portion of the Site or the Services.
The Site contains hyperlinks to third party web sites. The linked sites are not under the control of MORDCOMM, and MORDCOMM is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for User’s convenience only and is not intended as and should not be construed as an endorsement or recommendation by MORDCOMM of the linked site or its content.
User Account, Terms of Service and Fees
General use of the Site is free. Users must set up an account through the Site for User to access and use any of the Services. MORDCOMM, in its sole discretion, may accept or reject for any reason a User as a customer of the Services. If User is accepted by MORDCOMM as a customer of the Services, as a condition to accessing and using any of the Services offered by MORDCOMM on the Site, (Users must accept and agree to the separate Terms of Service set forth elsewhere on the Site.) If User establishes an account for access to and use of the Services, User shall be billed by MORDCOMM, and User shall be responsible, for all applicable charges and fees related to such access and use of the Services pursuant to the Terms of Service.
Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISABLE PURSUANT TO APPLICABLE LAW, MORDCOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER’S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, MORDCOMM DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER’S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER’S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, MORDCOMM DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS’ FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) USER’S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. IF USER IS DISSATISFIED WITH THE SITE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS MORDCOMM, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGN OF MORDCOMM OR ITS AFFILIATES.
These Terms shall be governed by the laws of the State of New York , as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the federal and state courts in the County of Kings , State of New York .