MarketingAutomation.com offers news, information, and advice on Internet marketing and marketing automation and other services.
Setting Yourself Up to Submit Articles on MarketingAutomation.com
Please take a minute to familiarize yourself with our Editorial Guidelines & Rules.
Writers Profile – (Before getting started, make sure that you are logged in.) Please have your Profile complete. Your First and Last name will be automatically listed at the top of any articles that you submit. You can add a two or three sentence byline at the end of your article. This gives you (and us) credibility and is a useful promotion tool for businesses. If you submit good articles, you are seen as an expert in your field.
Your Writer’s Byline – You are allowed to create a Writer’s Byline of up to 255 characters which may include your phone number and/or email address. Contact information is allowed but not required in a Byline. Try writing the Byline in the “Third Person”. If you need help or ideas, contact us. Please do not embellish on the standard byline or promote your business in an article. We are happy to discuss advertising if you want to promote your business.
“John Doe, is President of XYZ Assistants, providing secretarial services for online businesses. He can be reached at 909-590-1000.”
“Bob Jones is the Marketing Direct for ABC Consultants. He is a keynote speaker at the Marketing Fest National Convention. Email him at firstname.lastname@example.org”
Self Promotion in Articles – This is not allowed. Information about you or your business is allowed only within Your Writer’s Byline. We will remove any self-promotional text within articles and eventually remove writing priviledges if this rule is broken more than once. If you wish to promote yourself, your business, or an event, please contact us about our advertising rates.
Search Marketing Copy in Articles – This is not allowed in articles. Please do not fill articles with keywords for search optimization. If we determine that articles are being written as search engine bait, we will remove them.
Please Comply With Our Consistent Formatting Rules…
Category – For each article published, please choose a Category, then create a Title and (optional) Subtitle.
Title – The Title Should Be Capitalized Like The Sentence You Are Reading Now. On the other hand please… DO NOT FORMAT TITLES IN ALL CAPS. In addition to being in bad taste online, ALL CAPS is considered YELLING AND SOMEWHAT RUDE. We don’t want our readers to get the wrong impression. Titles should also be brief; ideally less than 7 words or so.
Subtitle – The Subtitle (which is optional) should be a single sentence summary of the article in regular sentence format. Subtitles appear in bold text above the standard article text.
Length of Articles – Ideally, articles should be between 200 to 800 words. We’re not against longer articles if they offer some real value to the community.
Person – Unless you are a feature writer, it is very helpful when articles are submitted written in the third person. We reserve the right to review, edit, to publish or not to publish but we are mostly happy to publish community notifications, events, or press releases of any kind as sent to us if they are written in the third person. It saves us time. In most cases, if we don’t publish a requested press release it is only due to time constraints as we have very limited staff.
Article Frequency – We are happy to accept one-time articles or press releases for news, organizations, ideas, or events that interest you. If you are wishing to write regularly, the ideal frequency would be to submit one article per week and no less than one article per month. Ask us about a blog within the site if you have frequently updated content. We are open to offering regular feature sections for dedicated or prolific local writers. If you are writing for a Non-profit, you may include schedules, calendars, activities, news, and information about your fund raising events too. Frequent multiple submissions from any one author in too close a time period will be interpreted as abuse. Please request advertising rates if you wish to have a more frequent presence on our site. Also, remember that as a regular writer, you are allowed to add contact information and in some cases, a link in your byline (you need to request any links)..
Duplicate or Re-posting Articles – This is not allowed. Please time your article(s) the best you can if they are related to an event or time sensitive subject. Re-posting an article as a reminder or for extra publicity is not allowed. It also negatively affects our search engine rankings. If you wish to promote a special event, please inquire about our advertising rates. We will be happy to help you promote through advertising.
Grammar, Spelling, & Usage – We assume that you can write with reasonable skill. However, feel free to ask for our editorial input. We are happy to offer suggestions to you so that your articles are professional. Great writers still use editors to help with ideas, spelling, and grammar. So don’t hesitate to send us your draft article before publishing. If you’ve saved an article as a “draft”, let us know. We can see it and we’ll send you some edit ideas for the article. Some writers like to write their article in MS Notepad or another text editor. This is OK, but many text editors like MS Word, etc. can add funny looking, unknown, characters to the finished article, so check how things look if you are copying and pasting from a text editor. Also, please don’t be offended if we edit your article slightly after it is published. It’s our site and image and sometimes we just have to do that to correct things that get overlooked. We always try to maintain your original intent.
Copyright – Articles must be original and/or you must have permission to post them from the author. You accept full liability for any copyright infringement on articles that you post. Note: Some writers are posting articles provided, with permission, by their suppliers or vendors. This is OK, however, we still ask that you make the article somewhat more your own by adding your own input. The reason for this is that search engines “ding” our site when we post “duplicate content”. So if you are using an article word for word, with permission, that is also listed elsewhere, please add and / or reword it to make it more pertinent to the marketing automation topic and to make it more your own. Thanks.
Advertisements in Articles – We do not allow advertisements as editorial. Articles should be about specific events and ideas or be of general interest to the community. We retain full editorial discretion and will pull articles that we deem, in our sole judgment, to cross the line between information and advertisement. If you have an idea that you are unsure of how to approach, or if you are unsure of whether it crosses that line, contact Joe at (909) 606 9175.
This is a Family Site – Only G-Rated articles will be allowed at our sole discretion.
Online Etiquette – We don’t want gripes and grudges to be played out in articles. Also, please be respectful of others and use common sense in what you post online. Of course, serious, thoughtful, and respectful reviews are welcome. We are also happy to allow articles on controversial topics as long as they are respectful and professional.
Pictures – We really like when you upload a picture to go along with your article and try to have a picture for each article. Of course, pictures are not required but do add a nice graphical element to the article. Pictures must be less than 1 Megabyte in size and should be relevant to the article. We have licensed stock photography and may upload graphics to go along with your article. We reserve the right to modify pictures slightly so that they fit into the various elements of the web site. By uploading a picture you acknowledge that you have the right to use it and grant us the right to use it as well.
Article Order – Articles appear in the Article Section of our site in the order they are submitted. On a regular basis our editorial team will pick articles from around the site and place them on the Front Page. But whether your news makes the front page or not, and subject to our Terms, we will try to always make it available to the public on our site. Please do not re-date / re-post articles. Re-dating or re-posting articles in order to manipulate their order in the Article Index is strictly prohibited and is cause for revoking writing privileges.
Terms – By publishing an article, you agree to, and will follow, our Editorial Guidelines & Rules and our Terms. You understand and agree that Joe Martinico Enterprises maintains full editorial discretion on any submitted material and is not required to post it for any specific period of time or may remove it at our own discretion.
Comments – Other Registered Users are allowed to comment on your article. We try to monitor comments and will allow wide leeway in commentary and discussion by Registered Users as long as the conversation stays civilized. When we find it, we will not allow personal attacks, profanity, hate speech, plain stupidity (in our sole judgment), or any illegal content. We will do our best to monitor and delete these types of dialogues and/or users that continue to post them. Please report any violation of these rules to us along with the name of the specific article or comment where it appears.
Web Site Terms & Conditions
2.Changes. We reserve the right, in our sole discretion, to add to, remove, modify or otherwise change any part of this Agreement or any Policy in whole or in part (including without limitation any revenue sharing or payment terms), at any time, without notice or liability. You should check the Site periodically for changes to this Agreement or any Policy. Changes will be effective when notice of such change is posted at the Site or as we have advised through any written contact method we have established with you. If any change is not acceptable, you must discontinue your use of the Site immediately. Your continued use of the Site after any such changes are posted will be deemed to represent your acceptance of such changes. No change to the Agreement or any Policy that is not posted to the Site by us is valid unless it is in writing and signed by an authorized signing officer of . We may add, modify, terminate, suspend, discontinue, impose limits, restrict your access or otherwise change any aspect of the Site, the Services or your Participation, including the availability of any materials or any features, at any time without notice or liability. We also reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Site at any time without notice.
3.Use and Participation. We grant you a non-exclusive, non-transferable, revocable, limited right to access, use and view the Site solely for your own personal use and, if you register, to facilitate your Participation. From time to time, either the Site or certain Services or other aspect of the Site will be designated as being in beta or in trial mode. You agree that when the Site or certain Services or features are marked as beta or trial, they have been made available for testing purposes only and may not function consistently, correctly or function at all, and that we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation, theft or destruction or unauthorized access to, or alteration of any Content or other materials or information. You agree to use reasonable efforts to advise us of bugs, errors, deficiencies and other matters related to the Site and the Services when using beta or trial mode features or Services. You also agree that all use and access of the Site and the Services, your Participation, and your actions and communications on or related to the Site, the Services and your Participation, are your sole responsibility and are undertaken by you at your sole risk. You agree that you are solely responsible for all Content that you submit, including all material, links, and sites that are included in or linked from your Writings. You agree to submit original content authored by you and incidental or reasonably required third party content that you have the right to submit to us in accordance with this Agreement. You agree not to submit duplicate or substantially similar Content. You agree that all Content will comply with the restrictions and limitations in Section . We reserve the right to not accept, publish or distribute any Content in our sole discretion, without notice, obligation or liability to you.
4.Use Restrictions. You may not, may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly: (a) print, download or otherwise save to any storage device or fix in any medium, any of the Site, provided, however, that you may print one paper-based copy of non-substantial extracts of the Site solely for your personal use and save to the extent necessary for temporary cache storage performed automatically by your web browser; (b) sell, reproduce, publicly display, perform, distribute, create derivative works, reverse engineer, modify or attempt to modify the Site in any way, or otherwise use the Site for any public purpose, including without limitation the framing of, or other direct or indirect use of the Site on any other website or in any environment of networked computers; (c) transfer any Site to any other person without our written consent; (d) use the Site for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party (whether contractual, fiduciary or otherwise) or that could damage, disable, overburden or impair the Site; (e) interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites; (f) disrupt or interfere with any other person’s use or enjoyment of the Site or any affiliated or linked sites; (g) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Site in whole or in part; (h) use another person’s account, password, service, system or other information without that person’s prior written authorization and prior written notification to us, create or use a false identity on the Site, impersonate any person or otherwise misrepresent your identity, status, qualifications or affiliations; (i) transmit on, to or from the Site any spam, chain letters, junk mail or any other type of unsolicited mass e-mail, except as may be explicitly permitted through the use of certain Services that may be offered on the Site from time to time; (j) attempt to obtain unauthorized access to the Site or portions of the Site which you are restricted from accessing; or (j) collect or harvest information about any other users of the Site.
5.Content Restrictions. You may not, may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly, upload, post, distribute or otherwise transmit on, through or to the Site: (a) any virus, trojan horse, worm, time bomb, drop dead device, cancel-bot, Easter egg, backdoor, shutdown mechanism or similar software, code or program which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Site or other data thereon, or any data, software or equipment used in conjunction therewith; (b) unsolicited bulk email, junk mail, spam or chain letters or any other form of solicitation that we consider in our sole discretion to be junk mail; (c) any material that contains any error, deficiency, omission, misstatement or misrepresentation; (d) any material that is or is reasonably likely to be construed as deceptive, misleading, fraudulent, libelous, defamatory, threatening, intimidating, abusive, harassing, violent, degrading, obscene, indecent, sexually suggestive, erotic, pornographic, profane, hateful, harmful or injurious to individuals or identifiable groups, tortious or that may otherwise result in criminal, regulatory or civil liability; (e) incites or promotes bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age; (f) any material that is or is reasonably likely to contravene any law, statute, regulation, decree, order or similar rule, or that promotes or publicizes illegal or harmful activities or substances (including without limitation activities that promote or provide instructional information about activities such as making or buying illegal weapons or substances); or (g) any material that breaches, violates or infringes, directly or indirectly, any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right.
6.Proprietary Rights. We and our licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the Site and all such rights in and to all derivative works or enhancements of, in and to, or relating to the Site. You agree to comply with all copyright and other applicable laws worldwide in your use of the Site and to prevent any unauthorized copying or use of the Site. Where reproduction is permitted, you must retain all copyright and trademark notices and any other proprietary notices. All trade names, company names, trademarks, service marks and other product and service names and logos on the Site (collectively, the “Trademarks”) are the proprietary trademarks of their respective owners, are protected by law and may not be copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. The Trademarks may not be used by you in any manner whatsoever except as expressly permitted or required under the Terms and Conditions. If you believe that any portion of the Site or the Services, including any Content, may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately at info (at)marketingautomation (dot) com. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement. Except for the rights expressly granted by you under this Agreement, as between us and you, you retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to your Content. You agree that we are solely a licensee of your Content and assume no responsibility for controlling or monitoring infringements of your rights in and to your Content and that you are responsible for protecting and enforcing same. We may, in our discretion, choose to assist you in connection with protecting or enforcing your rights from time to time, provided that we have no obligation to do so at any other time.
7.Your License. You hereby grant to us a perpetual, irrevocable, worldwide, royalty-free (subject to Section ), exclusive, sub-licensable, right and license to use, reproduce, modify, enhance, translate, adapt, excerpt, publish, transmit, publicly perform, display, distribute, reference, store, host, index, cache and create derivative works, or authorize third parties to do any of the foregoing for or on our behalf, in any form, medium or technology now known or later developed, any Content or other documents or materials you submit, upload, e-mail, post, publish or transmit to us or the Site, in whole or in part, whether created by or for you, by any method, and in any and all media, whether currently existing or hereafter developed. You also grant to us the a worldwide right and license to use, reproduce, translate, publish, transmit, publicly perform, display, store, host, index and cache, or authorize third parties to do any of the foregoing for or on our behalf, your trademarks, service marks, trade names, proprietary logos, domain names and any other source or business identifiers in connection with the marketing, distribution and provision of the Site, Services and your Reviews. You agree that you are solely responsible for your Content and other material that you submit to us or the Site, and that we do not approve, endorse, verify, evaluate or guarantee any content or material submitted to us and nothing shall be considered as an endorsement, verification or guarantee of any review, content or other material. Although this section gives us wide reaching rights, it is our intent to allow authors and contributors the ability to retain their own works. The intent of this section is to protect us against any claims of copyright abuse from contributors.
8.Termination. We may terminate this Agreement for any reason at any time. You may terminate this Agreement at any time by providing written notice to us as set forth in Section . Upon termination or expiration of this Agreement: (a) you may no longer use the Site or any Services, including without limitation Participation, including access to copies of any Content or other materials you have submitted. You acknowledge that it is your responsibility to maintain your own copies of any Reviews, Content, or other materials; (b) all licenses granted to You hereunder will immediately terminate; and (c) you will promptly destroy all copies of any of our materials in your possession or control.
9.Confidential Information. You may receive confidential information from us, including software, details of our technology, services, formulates, guidelines, policies, advertising rates, and financial information. Except as expressly authorized by this Agreement or necessary to perform your obligations, you will maintain the confidentiality of, and will not disclose, such information without our prior written consent. The foregoing will not restrict you from disclosing such information pursuant to a valid order or requirement of a court, administrative agency, or other governmental body, provided you give reasonable and timely notice to us to contest such order or requirement. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach; (b) is rightfully known by you at the time of disclosure without any obligation; (c) is independently developed by you without use of our confidential information; or (d) you rightfully obtain from a third party without disclosure restrictions.
10.Representations, Warranties and Covenants. You represent, warrant and covenant to us that: (a) you have all requisite power and authority, corporate or otherwise, to enter into this Agreement and perform all of your obligations under this Agreement; (b) you have provided, and will continue to provide, information that is correct, complete and current; (c) you own and have full technical and editorial control of all Reviews and other content you have submitted to us or through the Site; (d) you have the right to grant the licenses granted under this Agreement; (e) the execution by you of this Agreement and discharge of your obligations do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement; (f) your will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (g) you will Participate solely for the purposes intended and expressly permitted; (h) your Reviews and any other information or material you submit or make available, and our use thereof pursuant to this Agreement, will comply with this Agreement; and (i) any Reviews, comments or other materials you submit do not and will not infringe upon any rights, including intellectual property rights, of any other parties, including moral rights or similar rights.
11.Links. Certain links on the Site will take you to other websites. These links are only provided as a convenience and the linked sites to which they lead are not under our control. If you use those sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to review that site’s applicable terms and policies and to take all protective measures to guard against viruses and other potentially destructive elements. We are not responsible for the contents of any such linked site or any other site not under our control. We make no representation or warranty regarding and do not endorse any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any of the Trademarks. All framing of this Site must be approved in writing by us.
12.Indemnity. You agree to indemnify, defend and hold us and our officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and applicable third parties (including without limitation other relevant content creators, advertisers, syndication partners, referral partners, service providers, licensors, licensees, consultants and contractors) (collectively, the “Indemnitees”) harmless from and against any claims, liabilities, losses, costs, damages or expenses (including reasonable attorneys’ fees and costs) directly or indirectly arising out of or in any way relating to: (a) your negligence or willful misconduct; (b) your Content or any other information or material you submit to us or the Site; (c) your conduct, including your use of the Site, the Services or any actions related to your Participation; (d) any violation or breach of this Agreement, or allegation of such violation or breach by a third party, including breach of any representation made by you hereunder; or (e) the alleged or actual violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary, contractual or other rights of any third-party as a result of any action or Participation by you (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnitees. You agree that we have the right, in our sole discretion, to select our own legal counsel to defend us from any Claims (provide however that doing so does not relieve you of your obligations hereunder) and you shall be solely responsible for the payment of all our legal costs and expenses (including reasonable legal fees) incurred in connection therewith. You shall notify us immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or our ability to fully perform your or our respective duties or to exercise your or our rights under this Agreement. You shall not, without our prior written approval, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise), if such settlement or resolution may result in any obligation or liability to us. You hereby release the Indemnitees from all claims, demands and damages related to or arising from any dispute or claim related to any other user or any Content. We may assist in the resolution of such disputes and to the extent we do you hereby release us from all claims, demands and damages related to or arising from same.
13.Disclaimer. You acknowledge that any use of or reliance on the Site (including, for greater certainty and for the purposes of this Section , all Services, Content, or Reviews) will be at your sole risk. We make no representation or warranty of any kind regarding the Site, all of which is provided on an “AS IS”, “WHERE IS” and “AS AVAILABLE” basis. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. We do not: (a) guarantee, and make no representation or warranty as to the truthfulness, accuracy, reliability, correctness, currency, veracity or completeness of the Site or about the results to be obtained using the Site; (b) warrant that the Site will continue to operate, operate without interruptions or that it will be error-free, that defects will be corrected or that it will be free of viruses or other destructive elements; or (c) endorse any Review, or any other statements or opinions made on the Site. We have no obligation to maintain either the availability or the currency of the Site or to provide notice of any changes made to the Site. We assume no obligation, liability or responsibility for the materials on the Site (including any Reviews) or for any damages to users of the Site, however caused. Use of the Site, Content, or Reviews and any reliance on the Reviews (including the purchase of any goods or services or the consummation of any transaction with a third party as a result thereof) are at your own risk. We have no obligation or responsibility to maintain, retain, edit, approve, revise, control or monitor any Reviews. Some people may find Reviews and other content objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any content, reviews or other materials. We assume no responsibility for any Reviews or other content or materials generated by users or others, even if we choose, at any time in its sole discretion, to monitor (in whole or in part) Reviews or any other content, and we have no obligation to modify or remove any such Reviews or other content. We make no representations, warranties, covenants or guarantees: (i) regarding the availability, operation, maintenance, timing or delivery of the Site or Services (or any portion thereof); (ii) that Participation will secure any success or generate any revenue or the amount of payment (if any) to be made hereunder; (ii) regarding the relevancy of any advertisements that may be displayed with or proximate to any Reviews; (iii) regarding any rates, including the level or number of clicks, conversions to sales or impressions on any advertisement, in connection with any Reviews; (iv) that any Reviews or other content or material you submit to us or the Site will be retained or will not be removed, deleted, altered, transferred in our sole discretion. You agree that we are not responsible for any problems or technical malfunction of any network, lines, systems, servers, service providers, equipment, software or any other failures due to technical problems or traffic congestion on the internet or on the Site or of any Services, including any injury or damage to you or to any person’s computer. YOU UNDERSTAND AND AGREE THAT WE HAVE THE RIGHT TO REMOVE ANY REVIEWS OR OTHER CONTENT OR MATERIALS (INCLUDING ANY REVIEWS, CONTENT OR MATERIAL SUBMITTED BY YOU) IN WHOLE OR IN PART AT ANY TIME IN OUR SOLE DISCRETION, WITHOUT NOTICE, OBLIGATION OR LIABILITY.
14.Limitation of Liability. You acknowledge that we have agreed on the terms of this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain and of the allocation of risks between the parties. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE REVIEWS OR USE OF ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE USE OF THE SITE AND THE SERVICES.
15.Applicability. THE LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, CLAIM, DEMAND, OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, FUNDAMENTAL BREACH, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES AND/OR FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. BECAUSE SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Force Majeure. We have no liability for any failure or delay in the performance of our obligations hereunder on account of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure of any Syndication Site or third party distribution partner, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
Arbitration. Except as expressly set forth in this Agreement, you agree that all disputes or disagreements between you and us relating to this Agreement in any way (a “Dispute”) will be settled by final and binding arbitration by a single arbitrator. Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the County of San Bernardino, California. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
Endorsements and Testimonials. We sometimes recommend products and services on this site where we derive revenue from the product or service. We also offer consulting and other products and services here. This is a for-profit website and blog and you acknowledge that we are notifying you of this. Although we would never knowingly recommend a product or service that doesn’t work or is unhelpful, users acknowledge that they are responsible for their own due diligence. MarketingAutomation.com accepts no responsibility for the failure of outside products or service or the actions of any referred website.
Remedies. You agree to cooperate fully with us to investigate any suspected or actual activity that is in breach of this Agreement. You acknowledge that any violation of this Agreement is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies. We reserve the right to investigate any activity that we suspect may violate this Agreement. You agree that we may, as applicable, withhold payment, notify the authorities, suspend or cancel your account and/or take appropriate actions at any time without notice to you if we, in our sole discretion believe that you have breached or failed to comply (in whole or in part) with this Agreement or any Policies. You agree that breaches of this Agreement by you would cause irreparable injury to us, for which there are no adequate remedies at law, and nothing in this Agreement shall be deemed to prevent or delay our attempt to seek a temporary restraining order, preliminary injunction, specific performance or other equitable relief from any court having jurisdiction, without any abridgment of the power of the arbitrator, for your breach of this Agreement.
Relationship. You acknowledge that you and MarketingAutomation.com are independent contractors, and this Agreement, does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and . Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.
Assignment. You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without our prior written consent. Any such attempted assignment will be null and void and of no force or effect. We may assign this Agreement at any time without notice or consent. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
Governing Law. The Agreement shall be deemed to have been made and performed exclusively in the State of California and shall be governed by and construed under the laws of the California without giving effect to such Jurisdiction’s conflict of laws principles. We make no representation or warranty that the Site or Services are appropriate or available for use at any locations outside of California. If you access the Site from outside California, you are responsible for compliance with all local law.
Entire Agreement. This Agreement constitutes the entire agreement between you and us with respect to the subject matter of this Agreement and cancels and supersedes any prior understandings and agreements between you and us with respect thereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and us other than as expressly set forth in this Agreement.
Waiver; Severability. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
Notices. Any demand, notice or other communication to be given to you may be given either by sending to any of the addresses or numbers provided by you when you registered or updated your registration, by posting such notice to the Site, or through any written contact method we have established with you. Any demand, notice or other communication to be given to us shall be given in writing by mail to the following address: Joe Martinico Enterprises, 15942 Los Serranos CC Drive, Unit D230, Chino Hills, CA 91709, ATTN: Legal Dept.