Privacy Policy
Terms & Conditions
Membership Agreement
Rules of Use
Billing Terms & Conditions
Privacy Policy
Market O2 has long recognized that individuals and companies with whom we conduct business value their privacy. However, in order to conduct global business in this increasingly electronic economy, the collection of information is often necessary and desirable. It is Market O2's goal to balance the benefits of eMarketing with the right of individuals and companies to prevent the misuse of their information.
The collection of personal information
In some circumstances, Market O2 may request information from you, like your name, e-mail address, company name, or telephone number. Your response to these inquiries is strictly voluntary. Market O2 uses this information to customize your experience on our Web site. In addition, Market O2 may use this information for other business purposes, such as to alerting you to products and services that can assist you in your business, promoting site registration, and assisting in order processing.
In general, you can visit our site without divulging any personal information. However, there are areas of this site that require this information to complete their customization functions, and may not be available to those choosing not to reveal the information requested.
Collecting domain information
Market O2 also collects domain information as part of its analysis of the use of this site. This data enables us to become more familiar with which customers visit our site, how often they visit, and what parts of the site they visit most often. Market O2 uses this information to improve its Web-based offerings. This information is collected automatically and requires no action on your part.
Disclosure to third parties
In cases where we believe your business interests will be served, Market O2 may share your information (with the exception of account, and ordering information) with Market O2 Business Partners, who can alert you about new products and services to improve your competitive edge. If you receive unwanted marketing materials from any of our Business Partners, please let them know that you wish to be removed from their contact list.
Use of cookies
Some pages on this site use "cookies," which are small files that the site places on your hard drive for identification purposes. These files are used for site registration and customization the next time you visit us. You should note that cookies cannot read data off of your hard drive. Your Web browser may allow you to be notified when you are receiving a cookie, giving you the choice to accept it or not. By not accepting cookies, some pages may not fully function and you may not be able to access certain information on this site.
Market 02 Corp. reserves the right to change, modify, or update this statement at any time without notice.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact:
Web Administrator
Market 02 Corp.
9320-49 Street
Edmonton, Alberta
Canada, T6B 2L7
These terms and conditions of use, as changed or replaced from time to time ("Terms and Conditions") constitute a legal agreement between you and Market O2 Corp. By using this Website, you agree to be bound by the Terms and Conditions, and by all applicable laws and regulations. If you do not accept the Terms and Conditions, you must exit from this website immediately.
Content and Revisions
The content of this website, including the text, graphics, images, and other material contained on this website, are provided for general information purposes only. While Market O2 Corp. uses reasonable efforts to ensure all information on this website is accurate and current, your use of this website is at your own risk. Market O2 Corp. reserves the right to change or discontinue any aspect of this website, including the Terms and Conditions, without notice. We recommend that you review the Terms and Conditions each time you access this website. Your continued use of this website will confirm your acceptance to be bound by any new terms or conditions.
Limitation of Liability
Market 02 Corp., its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the "Market 02 Entities") are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use the website including, but not limited to:
(a) the performance of the Internet;
(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service acceincble through the Internet, even if you were not aware that any such loss would be incurred;
(d) loss or damage resulting from delays, computer viruses or interruption of the website, including deletion or failure to store messages, regardless of cause;
(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmissionon of information or data on the Internet; and
(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to use of the website even if the Market 02 Entities have been advised of the possibility of such damages.
This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.
Disclaimer
Without limiting the foregoing, this website and its content is provided to you "as is" and "as available" and Market 02 Corp., to the fullest extent permitted by law, disclaims all warranties of every kind, whether express or implied, statutory or otherwise. Market 02 Corp. explicitly disclaims any representation, warranty or condition of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, uninterrupted or error-free service, or inter-operability of products and services, whether arising by usage of trade, course of dealing, course of performance, statute, or otherwise.
You expressly acknowledge and agree that all use of the website is at your own risk.
Use of Information
You agree not to use any information on this website or linked to this website in any claims, proceedings, suits or actions against Market 02 Entities.
Monitoring
Market 02 Corp. is under no obligation to monitor this website and assumes no responsibility or liability for content changed without Market 02 Corp.'s consent.
Privacy and Consent
We recommend that you read Market 02 Corp.'s Privacy Policy
This website does not collect any personally identifying information about you except when specifically and knowingly provided by you. However, you agree that Market 02 Corp. may disclose any such information to third parties if Market 02 Corp. believes in good faith that such release is reasonably necessary to ensure adherence to or enforce the Terms and Conditions, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others. Otherwise, such information will not be transferred to any other party unless otherwise stated at the time of collection.
Market 02 Corp. may use IP addresses (which are not linked to personally identifiable information) to analyze trends, administer this website, track individual user's movements and gather broad demographic information for aggregate use.
You authorize Market 02 Corp. to collect and retain all relevant information relating to your use of this website. You further authorize any third party to provide Market 02 Corp. with such information. You agree that Market 02 Corp. bears no responsibility for any actions or policies of third-party content providers, third-party service providers or other parties.
Links to Other Sites
This website may contain links to sites and servers maintained by third parties over which Market 02 Corp. has no control. These sites are independent from Market 02 Corp. and the links have been provided solely for the convenience of users of this website. Market 02 Corp. does not endorse, control or make any representations, warranties or conditions concerning their content or links.
It is your responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which you should locate and review.
Intellectual Property
Any use of the content of this website that is not expressly permitted by the Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trade-mark or other laws. All rights not expressly granted herein are reserved.
Copyright
You should assume everything you see or read on this site is copyrighted unless otherwise noted. You are free to use the content for personal, non-commercial purposes provided you do not modify it and provided you retain all copyrights and other proprietary notices contained in the content.
You may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the content of this website. You require Market 02 Corp.'s written consent to copy or display any portion of the content for redistribution to third parties or for commercial purposes.
Trade-Marks
Certain names, words, titles, phrases, logos, icons, graphics or designs appearing on this website may constitute registered or unregistered trade-marks, trade-names or service marks of Market 02 Corp., or be used under license by Market 02 Corp.. The appearance of such trade-marks, trade-names and service marks in the Content does not convey any rights to you to use them. Title remains with Market 02 Corp. or its licensors.
Viruses and Internet Security
Market 02 Corp. cannot and does not guarantee nor warrant that files available for downloading through this website will be free of infection or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties.
Market 02 Corp. assumes no responsibility or liability for any damage in connection with your access to or use of this website or your downloading of any data, text, images, files or other materials from the site.
You acknowledge that when using this website, information will be transmitted over a medium that is beyond the control and jurisdiction of Market 02 Corp.. Accordingly, Market 02 Corp. assumes no liability for the delay, failure, interruption, or corruption of any data transmitted in connection with this website.
Indemnity
You agree to defend, indemnify and hold harmless the Market O2 Entities from all demands, claims, liabilities, costs, expenses and damages, including legal fees, related to any violation of the Terms and Conditions by you, or in connection with your use of this website, without limitation.
Governing Laws
The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement.
If you access this website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
General
The Terms and Conditions represent the entire agreement between Market 02 Corp. and you concerning the use of this website and its content.
Market O2 Corp.'s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions shall not be construed as a waiver of any other provision or right.
In the event that any portion of the Terms and Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as poincble to reflect the original intention of the parties and the remainder of the Terms and Conditions shall remain in full force and effect.
Contact Information
For questions about the foregoing or permissions regarding Market O2 Corp.'s intellectual property, please contact Market O2 at:
Market O2 Corp.
9320 - 49 St.
Edmonton, Alberta
Canada T6B 2L7
Phone: 780.466.2535
Fax: 780.462.1810
Toll Free: 1.888.777.2535
E-mail: info@marketo2.com
This is a contract between you, your employer, and your corporate client, as the case may be, (collectively, “you”) and Market O2 Corp. (“Market O2”). It sets out the terms and conditions of your access to and use of Market O2’s marketo2.com “digital marketing” solutions (the “marketo2.com Service”) and also limits Market O2’s liability.
The marketo2.com Service provides you with e-marketing solutions that include effective e-marketing promotions, all ready to deliver in a multi-format package. The marketo2.com Service includes the creation of our marketo2.com Promo-pak solutions and the Promo-pak Creator application. marketo2.com solutions can also include web design and hosting, graphic design, commercial CAD services, and other solutions Market O2 may offer from time to time.
In consideration for your access to and use of any or all of the marketo2.com Service, you agree to be bound by the terms of this Agreement, without modification. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE TO OR USE THE MARKETO2.COM SERVICE AND YOU SHOULD IMMEDIATELY TERMINATE YOUR ACCOUNT, IF ANY (see Section 36).
Types of Plans and Additional Services
1. The Marketo2.com Service is provided and charged according to the plan selected by you or agreed upon by you and Market O2. Currently there are two types of plans, monthly membership plans and annual membership plans.
2. From time to time, in addition to the marketo2.com service originally subscribed for you may wish to make use of additional services and/or modules. In order to receive these you must contact Market O2 directly through one of the means noted in section 49 of this Agreement.
Amendments to this Agreement
3. Market 02 reserves the right to amend this Agreement. Except as provided herein, prior to any amendment, Market 02 will first publish the proposed amendment with a stated effective date, on the marketo2.com Web Site. If the amendment is unacceptable, you may terminate your marketo2.com Service account as described in Section 37. If you continue to use the marketo2.com Service after the amendment becomes effective, you will be conclusively deemed to have accepted the amendment. Market 02 may amend its Rules of Use, (Web Site) Terms and Conditions of Use and Billing Terms and Conditions without notice to you.
Service Changes
4. Market 02 reserves the right to change any aspect of the marketo2.com Service as network, service or policy issues require. Market 02 will use reasonable efforts to advise customers of significant customer affecting changes to the marketo2.com Service by posting a notice of such changes on the marketo2.com Web Site.
Your Account
5. As the marketo2.com Service account holder, you are responsible for your account and the maintenance of your login password, and the confidentiality of both. You are responsible for all use of your account, by anyone, unless it can be conclusively proven, to the satisfaction of Market 02, to have been an unauthorized intrusion. If you believe that there has been unauthorized access to your account, please notify Market 02 immediately at support@marketo2.com.
Payment
6. Prior to being able to access and use the marketo2.com Service, you will pay for marketo2.com Service and any additional services and/or modules in accordance with Market 02’s Billing Terms and Conditions. You will pay for your use of the marketo2.com Service in the amounts and on the basis applicable to the marketo2.com Service(s) you have purchased, until your account is terminated.
Customer Software and Hardware
7. You acknowledge that you are responsible for the installation, operation and maintenance of any and all software and/or hardware required to connect to the marketo2.com Service, including, without limitation, software and modems for Internet access.
Support
8. For annual membership plans, fees may or may not be applicable depending on the terms agreed to by you and Market 02. Please refer to the agreement executed by yourself and Market 02 for further information.
9. For monthly membership plans, Market 02 will provide, at no charge, reasonable support only for the marketo2.com Service via email. You can contact Market 02 support at support@marketo2.com.
10. Market 02 will not provide support for components of your computer or network.
Use of the marketo2.com Service
11. You are solely responsible for any content you provide to Market 02 for use in your promotions, including, but not limited to text, software, music, sound, photographs, video, graphics or other material.
12. You are solely responsible for determining whether the marketo2.com Service, or any portion thereof, is suitable for your purposes. Market O2 does not make any representation, express or implied, that any of the marketo2.com Services will meet your business or other needs or requirements.
13. You are solely responsible for securing, maintaining and renewing any licence registration, permit, authorization or approval necessary for the conduct of your business or activities.
14. SPAM is unsolicited commercial email, junk email or bulk email that has not been requested by a recipient. You agree and acknowledge that SPAM is a highly significant issue and that if SPAM complaints are issued to Market 02’s upline service providers, these providers may shut down the marketo2.com Web Site or take other action against Market 02 which may cause damage or liability to be incurred by Market 02.
15. The marketo2.com Service may be used only for lawful purposes. You agree not to:
(a) provide links to any communication where the message, or its transmission or distribution, would violate any applicable law or regulations, including those which deal with obscene communications, or where transmission is for the purpose of making an annoying or offensive communication to any other person;
(b) obstruct the marketo2.com Service's identification procedures;
(c) engage in an unsolicited mass distribution of any message [NO SPAMMING!!!];
(d) engage in any activity which violates any applicable local law or regulation, including, without limitation, “anti-SPAM” laws or regulations;
(e) disrupt or interfere with the marketo2.com Service, any other Market 02 service or the service of any other Internet access provider;
(f) engage in any activity that could compromise the security of the Market.com Service or the security of other computers on the Internet;
(g) share, resell, or provide, as part of any commercial transaction, the marketo2.com Service to any third party; and
(h) otherwise violate Market 02’s Rules of Use or Terms and Conditions of Use in any manner. Market 02’s Rules of Use appear at the end of this Agreement and are incorporated into this Agreement.
16. Market 02 does not verify, endorse, or otherwise vouch for the content of your promotional materials and Market 02 will not be held legally liable for the content of such promotional materials. Without limiting the foregoing, Market 02 is not responsible for the validity, delivery and warranty of any goods or services sold or advertised using your promotional materials.
17. The opinions and views expressed in any promotional materials created using the marketo2.com Service do not in any way reflect the views and opinions of Market 02.
18. You agree to abide by all applicable local, provincial, national and international laws and regulations when using the marketo2.com Service.
Proprietary Rights
19. You acknowledge that any content not provided by you (including, but not limited to text, software, music, sound, photographs, video, graphics or other material) contained in promotional materials prepared using the marketo2.com Service, is protected by copyright, trademark, service mark, patent or other proprietary rights and laws. Any reverse engineering of this web site or of any marketo2.com Service or product is strictly prohibited.
20. You further acknowledge that certain names, words, titles, phrases, logos, icons, graphics or designs appearing on promotional materials prepared using the marketo2.com Service may constitute registered or unregistered trade-marks, trade-names or service marks of Market 02, or be used under license by Market 02. The appearance of such trade-marks, trade-names and service marks in the promotional materials does not convey any rights to you to use them, except as required to comply with this Agreement.
21. Market 02 does not claim ownership of any information or materials you provide to Market 02 (including feedback and suggestions) for the creation of promotional materials by Market 02 or that you otherwise post, upload, input or submit to Market 02, however, by doing so, you grant to Market 02 and its affiliates:
(a) a licence and permission to use your information or materials in connection with the operation of its businesses, including, without limitation in Market 02’s or its affiliated associates’ marketing, advertising and promotional materials and activities. This licence and permission, includes without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or materials or to publish your name in connection with your information or materials; and
(b) the right to sublicense the above rights.
22. No compensation will be paid to you with respect to any of Market 02’s use of your information or materials and Market 02 is under no obligation to use any information or materials you may provide and Market 02 may cease using any of your information or materials at any time in its sole discretion.
23. You represent and warrant to Market 02 that you hold all necessary rights, including without limitation, copyright and trade-mark rights, to possess, use, transmit and licence any information or materials you post, upload, input or submit to Market 02 and that such information or materials and your use of such does not violate or infringe upon any third party’s rights, including without limitation, copyright and trade-mark rights, relating to such information or materials.
24. All promotional materials prepared by Market 02 must retain the Market 02 or marketo2.com branding that appears on such materials.
Limitation of Liability
25. Market 02, its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders (collectively, the “Market 02 Entities”) are not responsible for any loss or damage you suffer, or any party claiming through or under you, as a result of or related to use, misuse or inability to use the marketo2.com Service including, but not limited to:
(a) the performance of the Internet or any network or system outages;
(b) the content or accuracy of any information or data, including any software viewed, downloaded, or transmitted to or from the Internet;
(c) loss or damage resulting from the viewing, downloading, purchasing or by any other means acquiring, any material, product or service accessible through the Internet, even if you were not aware that any such loss would be incurred;
(d) loss or damage resulting from delays, computer viruses, corruption or interruption of the marketo2.com Service, including deletion or failure to store messages, regardless of cause;
(e) loss or damage to your equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non-delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; and
(f) any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to business interruption or loss of data, revenue or lost profit, resulting from or relating in any way to use of the marketo2.com Service even if the Market 02 Entities have been advised of the possibility of such damages.
This limitation applies regardless of the form of action, whether based on warranty, contract, tort or other legal theory.
26. Circumstances may arise where you or another party is entitled to recover damages from one or more of the Market 02 Entities. In such instance, the aggregate liability of the Market 02 Entities for damages is limited to one hundred dollars.
27. Market 02 recommends that you maintain backup versions of all materials to protect against data losses of any kind.
Disclaimer
28. WITHOUT LIMITING THE FOREGOING, THE .COM SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND MARKETO2, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. MARKETO2 EXPLICITLY DISCLAIMS ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, UNINTERRUPTED OR ERROR-FREE SERVICE, OR INTER-OPERABILITY OF PRODUCTS AND SERVICES, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE, STATUTE, OR OTHERWISE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USE OF THE WEB SITE IS AT YOUR OWN RISK.
Indemnities
Market 02 Indemnifies You
29. Notwithstanding anything in sections 25 or 26 above, Market 02 agrees to indemnify you for all demands, claims, liabilities, costs, expenses and damages, including legal fees, which result from any third party claims alleging that any Market 02 created materials infringe the intellectual property rights of a third party. Market 02 will not be required to indemnify you for any such claims if you have modified the materials and such modification is the cause of such claim, if the alleged infringement arises from use of your materials, or if the claim is based on your use of the materials other than in accordance with this Agreement. In any event, Market 02’s liability under this section is limited to the amounts you have paid to Market 02 under this Agreement.
You Indemnify Market 02
30. You agree to defend, indemnify and hold harmless the Market 02 Entities from all demands, claims, liabilities, costs, expenses and damages, including solicitor and his own client legal fees, which result from the use, by anyone, of your marketo2.com Service account or your contravention of any term of this Agreement, without limitation.
Security and Compliance
31. You acknowledge that Market 02 has no obligation to monitor use of the marketo2.com Service by any customer or other person, including the content of any web sites created using the marketo2.com Service. However, you agree that Market 02 has the right to electronically monitor the marketo2.com Service to ensure adherence to the terms and conditions of this Agreement, to satisfy any laws or regulations, to operate the marketo2.com Service or to protect itself or others.
32. You acknowledge that use of the marketo2.com Service may involve the transmission over the Internet of proprietary and confidential information and that Market 02 cannot guarantee the security of such transmissions.
33. Market 02 uses industry standard security measures that are designed to protect against unauthorized access by third parties to customer account information. However, you acknowledge that Market O2 cannot guarantee the security or confidentiality of any such information.
34. In the event that Market 02 receives a complaint relating to use of the marketo2.com Service by a customer, Market 02 may, in its sole discretion, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any material from its servers. If your account is so affected, Market 02 will use reasonable efforts to notify you of this proceeding.
35. You agree that Market 02 may disclose any customer information or marketo2.com Service account contents to third parties if Market 02 believes in good faith that such release is reasonably necessary to ensure adherence to or enforce the terms and conditions of this Agreement, satisfy any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
36. Market 02 does not claim ownership of any information or materials you provide to Market 02 (including feedback and suggestions) or that you post, upload, input or submit to Market 02, its Web Site or its associated services, however, by doing so, you grant to Market 02 and its affiliates:
(a) a licence and permission to use your information or materials in connection with the operation of its businesses, including, without limitation in Market O2’s or its affiliated associates’ marketing, advertising and promotional materials and activities. This licence and permission, includes without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your information or materials and to publish your name in connection with your information or materials; and
(b) the right to sublicense the above rights.
No compensation will be paid to you with respect to the use of your information or materials and Market 02 is under no obligation to post or use any information or materials you may provide.
You represent and warrant to Market 02 that you hold all necessary rights, including without limitation, copyright and trade-mark rights, to possess, use, transmit and licence any information or materials you post, upload, input or submit to Market 02 and that such information or materials and your use of such does not violate or infringe upon any third party’s rights, including without limitation, copyright and trade-mark rights, relating to such information or materials.
Termination
37. You may stop using the marketo2.com Service at any time and terminate your account by contacting Market 02 using the contact information below.
38. Market 02 may, in its sole discretion, suspend, restrict or terminate your marketo2.com Service account at any time, for any reason, including without limitation because:
(a) any amount is past due from you to Market O2;
(b) you have been or are in breach of any term or condition of this Agreement, the marketo2.com Rules of Use or the marketo2.com Terms and Conditions of Use.
39. If your marketo2.com Service account is terminated there will be no refund for the remainder of the period for which you have paid for marketo2.com Service or additional services or modules. Termination of your account does not relieve you from any amounts or other liability owing to Market 02 accruing prior to the time that such termination becomes effective.
40. Market 02 will use reasonable efforts to inform you prior to suspending, restricting or terminating your marketo2.com Service account, unless Market 02 is terminating your account for the reasons set out in (a) or (b) of Section 38.
41. Market 02 shall have no responsibility to notify any third party, including any of your customers, of any suspension, restriction or termination of your account. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.
General
42. This Agreement represents the entire agreement between Market O2 and you concerning the marketo2.com Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Market 02 and you with respect to the marketo2.com Service.
43. Market O2’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any other provision or right.
44. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
45. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remainder of this Agreement shall remain in full force and effect.
46. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable in Alberta, without regard to conflict of law principles or provisions. You agree to be bound by the laws of these jurisdictions and you irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Any cause of action you may have with respect to this Agreement or the .com Service must be commenced within one year after the claim or cause of action arose, or it shall be barred.
47. The headings in this Agreement are for convenience only and have no legal or contractual effect.
48. Market O2 may assign its rights and obligations under this Agreement without your prior written consent. You may not assign this Agreement.
49. For questions relating to this Agreement, or to terminate your account, please contact Market 02 at:
Market 02 Corp.
9320 - 49 St.
Edmonton, Alberta
Canada T6B 2L7
Phone: 780.466.2535
Fax: 780.462.1810
Toll Free: 1.888.777.2535
E-mail: info@marketo2.com
Market 02 Corp. (“Market O2”) requires you to comply with the following rules of use (the “Rules of Use”) in using Market O2’s .com “digital marketing” solutions (the “marketo2.com Service”). Failure to comply with the Rules of Use may, at the sole discretion of Market 02, be grounds for termination of the Market.com Service or for the involvement of law enforcement agencies.
Market 02 reserves the right to change these Rules of Use at any time, without notice. We recommend that you review the Rules of Use each time you use the marketo2.com Service. If you have any questions about these Rules of Use, please contact Market 02 at info@marketo2.com.
Prohibited Activities
When using the marketo2.com Service, you are prohibited from engaging in certain activities which include, but are not limited to, those described below.
While using the marketo2.com Service, you are prohibited from engaging in or assisting others to engage in any activity that:
• Violates established or accepted network etiquette,
• Violates applicable FAQ's, policies, rules or guidelines of Market 02 or other parties,
• Disrupts or threatens the integrity, operation or security of any marketo2.com Service or any computer or Internet system,
• Elicits complaints from other Internet users,
• Is contrary to any law or regulation, or
• In the sole judgment of Market 02, is otherwise objectionable.
While using the marketo2.com Service, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below:
• Communicating hatred
• Pyramid selling
• Unauthorized use of a computer
• Mischief in relation to data
• Fraud
• Exploitation of Children
• Obscenity or Pornography
While using the marketo2.com Service, you are prohibited from posting, uploading, reproducing, distributing or otherwise transmitting information or materials where such activity gives rise to civil, criminal or regulatory liability or responsibility or from otherwise violating the rights or assisting others to violate the rights of Market 02 or any third party, including, but not limited to, the violations listed below:
• Copyright infringement
• Trademark infringement
• Patent infringement
• Industrial design infringement
• Defamation
These billing terms and conditions, as changed or replaced from time to time, (“Billing Terms and Conditions”) form part of the marketo2.com Membership Agreement between you and Market 02. Please read these terms in conjunction with the Membership Agreement located on the marketo2.com Web-site.
Types of Plans
1. The marketo2.com Service is charged according to the membership plan selected by you or agreed to by you and Market 02 (please refer to your membership plan for details). Currently there are two types of membership plans, monthly membership plans and annual membership plans.
Monthly Membership Plans
2. The following terms are applicable to members under a “monthly membership plan”:
(a) Pricing may vary at any time based on changes to fee schedules. See pricing here. You are responsible for reviewing the pricing and remaining aware of the fees charged by Market 02;
(b) You are charged a monthly fee for access to the marketo2.com Services, data storage and support. This monthly charge continues until you change or discontinue your plan. The monthly fee is due upon commencement of the membership and monthly thereafter on the "monthly anniversary date". On each monthly anniversary date, you will be charged the applicable monthly fee;
(c) Payment must be made by credit cards accepted by Market 02; and
(d) If you subscribe for additional services or modules to be added to your plan, you must make payment prior to receiving such additional services or modules. If you do not subscribe for these on your monthly anniversary date, you will pay a pro-rata portion of the applicable additional charge based on how many days you will have access to such additional services or modules until your next monthly anniversary date. Commencing on your next monthly anniversary date after subscription for the additional services or modules, you will be charged the full additional price for the additional services or modules on each monthly anniversary date.
Annual Membership Plans
3. The following terms are applicable to members subscribing under an “annual membership plan”:
(a) Pricing will be as agreed to by you and Market 02. These prices will remain in effect for the term specified in the plan agreed to;
(b) If you subscribe for services or modules to be added to your plan, you must pay for such additional services or modules prior to provision of these additional services or modules to you; and
(c) You will be invoiced for the amounts owing under your plan. You may make payment by credit card or other means agreed to by you and Market 02.
Credit Card Terms
4. If you have chosen or are required to make payment via a credit card:
(a) You hereby authorize Market 02 to charge your credit card for marketo2.com Service (including additional services and modules subscribed for). You agree to pay the total amount of said charges to card issuer in accordance with card issuer agreement. If you have a monthly membership plan, you also hereby authorize Market 02 to charge your credit card for marketo2.com Service (including additional services and modules subscribed for) on a regular once-per-month basis on the monthly anniversary date; and
(b) in the interest of consumer protection and for verification purposes only, Market 02 reserves the right (but not the obligation) to request, via e-mail, that you fax to Market 02 a copy of the credit card you are using for payment. If Market 02 does not receive the requested fax within 72 hours of the request, Market 02 will have the option to suspend your account. If your account is suspended, Market 02 will then send you a second request for a copy of the credit card you are using for payment. If Market 02 does not receive a response to this second request within 5 days of the date of that request, your account will be terminated.
General Terms applicable to all Members
5. Except as provided herein, in the event that you fail to pay for marketo2.com Service in accordance with these Billing Terms and Conditions, Market 02 reserves the right to suspend, restrict or terminate, with or without notice, access to the your Market.com Service account and all related data.
6. If your marketo2.com Service account is terminated there will be no refunds for the remainder of the period for which you have paid for marketo2.com Service (including any additional services or modules subscribed for). Termination of your account does not relieve you from any amounts owing or other liability to Market 02 accruing prior to the time that such termination becomes effective.
7. Interest shall accrue on any payments not received when due at 2% per month (24% per annum).
For questions regarding the above, please contact Market 02 at:
Market 02 Corp.
9320 - 49 St.
Edmonton, Alberta
Canada T6B 2L7
Phone: 780.466.2535
Fax: 780.462.1810
Toll Free: 1.888.777.2535
E-mail: info@marketo2.com