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TERMS OF USE

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE.  By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these terms of use, please do not use this website. MADSKY can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these terms of use periodically for changes.

 

This website is owned and operated by MADSKY MRP LLC and its affiliates (collectively "MADSKY," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

 

MADSKY grants you a limited license to access and make personal, reference and/or informational use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of MADSKY. This license does not include any resale or commercial use of this site or its contents; any collection and use of any listings, descriptions, or prices; any derivative use of this site or its contents; or any downloading or copying of account information for the benefit of another merchant. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from this website except for search engine indexing purposes.

 

Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of MADSKY and any copyright owner from whom we have obtained a license. Requests for such permission should be made to info@mrpprogram.com.  All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use.

 

CONTENTS AND HYPERLINKS

 

This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk.  MADSKY has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.  

 

If you want to link to this website please contact info@mrpprogram.com before creating that link so the site may be previewed. MADSKY does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. Text links are permitted upon approval and must be made to the site home page at https://madskymrp.com rather than to any other specific pages within the site.

 

USER CONTENT

 

MADSKY is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them.  Therefore, please do not send us any original creative materials such as product ideas or suggestions. Anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails to MADSKY or postings on interactive portions of this website, shall be deemed and shall remain the property of MADSKY.  Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. MADSKY is free to use, for any purpose whatsoever, any Disclosure, including but not limited to publishing, or developing, manufacturing, and marketing products using such information. You hereby RELEASE MADSKY from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure.  By uploading or otherwise providing any Disclosure to this website or MADSKY, you hereby grant MADSKY, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

 

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

 

MADSKY does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in chat rooms, comment areas, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.  

 

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.

(2) You will not upload viruses or harmful components.

(3) You will not use the website to further any illegal purpose or to violate the rights of any party.

(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

MADSKY will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

 

If you do post content or submit material on this website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and sublicensees the right in our discretion to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms of use policy and will not cause injury to any person or entity.  You hereby agree to indemnify us for all claims resulting from content you supply.

 

PRODUCTS & SERVICES

 

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by MADSKY of that product, service or publication.   

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent, LC Nussbeck, using the following contact information:

 

Address: 365 Inverness Parkway, STE. 150 Englewood, CO 80112.

Telephone: 877-949-2444

Email: info@mrpprogram.com

 

To be effective, such notification must be in writing, comply with applicable law and provide the following:  (1) information reasonably sufficient to permit the MADSKY to locate the copyrighted work claimed to have been infringed (the “Work”); (2) the complaining party’s contact information including an email address if available; (3) a statement that the complaining party has a good-faith belief that use of the Work in the manner complained of is not authorized by the copyright owner, its agent, or the law; (4) a statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (5) a physical or electronic signature of the complaining party.  Please be advised that MADSKY enforces a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.

 

NO REPRESENTATIONS OR WARRANTIES

 

MADSKY makes no representations or warranties that this website is free of defects, viruses or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or MADSKY's computer systems.  The pages on this website may contain technical inaccuracies, outdated information and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD MADSKY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

 

EXCEPT AS OTHERWISE SPECIFED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS."  MADSKY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

INDEMNIFICATION FOR ACCOUNT

 

You are responsible for maintaining the confidentiality of your account on this website, including your password, and for all activities that occur under your account.  You agree to indemnify, defend and hold MADSKY harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these terms of use or from your account.  You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.

 

LIMITATIONS OF LIABILITY

 

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MADSKY BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

JURISDICTION AND CHOICE OF LAW

 

MADSKY controls and manages this website from its facilities in the state of Colorado. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in Colorado and the United States of America.  Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region.

 

These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law.  You and MADSKY irrevocably consent to the exclusive jurisdiction of the courts located in the state of Nebraska, County of Douglas in connection with any action arising out of or related to these terms of use, this website, or any products or services sold or distributed by or through this website, except that you may assert claims in your local small claims court if your claims qualify.  You and MADSKY waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

 

TRADEMARKS AND COPYRIGHTS

 

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of MADSKY or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners. MADSKY is the owner of the MADSKY® trademark. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).

 

SEVERABILITY

 

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

PRIVACY

 

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

 

Despite any representations concerning privacy, MADSKY reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

 

GENERAL

 

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

 

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  MADSKY reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights MADSKY may have.

 

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or MADSKY.  In the event of a conflict between such terms and these terms of use, such specific terms shall control.

 

Unless otherwise indicated, all material on this site © Copyright 2018 MADSKY MRP LLC

All rights reserved.

 

CONTACT INFORMATION:

MADSKY MRP LLC

365 Inverness Parkway, Suite 150

Englewood, CO 80012

Attn: President

Phone: 877-949-2444

Email: info@mrpprogram.com