All The Fun Legal Stuff




TERMS & CONDITIONS

Thank you for visiting our website. If you want to use MarketBolt.com (JeunesseSystem.com), you must agree to conform to and be legally bound by the terms and conditions described below.

If you disagree with any of these terms or conditions, do not use our website.

PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS

Our privacy policy is part of, and subject to, these terms and conditions of use. You may view our privacy policy on www.marketbolt.com/jns/legal.

ANTI-SPAM POLICY IS PART OF THESE TERMS AND CONDITIONS

Our anti-Spam policy is part of, and subject to, these terms and conditions of use. You may view our anti-Spam policy on www.marketbolt.com/jns/legal.

MODIFICATIONS AND TERMINATIONS

These terms and conditions may change from time to time. If such changes are made, they will be effective immediately. If you disagree with the changes that have been made, you should not use our website.

We may terminate these terms and conditions of use for any reason and at any time without notice to you.

If you are concerned about these terms and conditions of use, you should read them each time before you use our website. Any questions or concerns should be brought to our attention by sending an e-mail to [email protected], and providing us with information relating to your concern.

LICENSEE STATUS

You understand and agree that your use of our website is limited and non-exclusive as a nontransferable revocable licensee. We may terminate your license to use our website, and access to our website, for any reason, and without giving you notice.

CONTENT OWNERSHIP

All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property.

You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by e-mail to [email protected]

If you believe that your intellectual property rights have been infringed upon by our website content or by a user of our service, please notify us by sending an e-mail to [email protected] Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership. Refer to the DCMA Notice section on this page for more information about how to report copyright infringement.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

The information on our website is provided on an ”as is,” ”as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and is not responsible for any loss resulting from your reliance on such information.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Our total liability for any claim arising out of or relating to our website shall not exceed one hundred ($100) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.

OBSCENE AND OFFENSIVE CONTENT

We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by e-mail to [email protected] so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website or used on member’s individual website pages. Please view the Abuse Reporting section on this page for more information on reporting content.

INDEMNIFICATION

You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, arising from your use of our website or your violation of these terms and conditions.

COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION

You agree to obey all applicable laws while using our website.

You agree that the laws of MN govern these terms and conditions of use without regard to conflicts of laws provisions.

You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrate on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Vancouver, British Columbia, Canada. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.

SEVERABILITY OF THESE TERMS AND CONDITIONS

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to [email protected], and providing us with information relating to your concern.

ENTIRE AGREEMENT

These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our website.

This Terms and Conditions of Use was last updated on 12-05-2016.

Copyright © 2013-2017 All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of the copyright owner.

AGREEMENT BETWEEN USER AND MARKETBOLT.COM (Updated 08/14/2013)

The MarketBolt Web Site is comprised of various Web pages operated by MarketBolt Solutions.

The MarketBolt Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the MarketBolt Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

MarketBolt reserves the right to change the terms, conditions, and notices under which the MarketBolt Web Site is offered, including but not limited to the charges associated with the use of the MarketBolt Web Site.

SERVICE FEES

You shall pay all fees specified in any subscription to Services or use of the Site (“Subscription”). We will charge you a periodic fee based on the Subscription you choose. Such fees shall be billed in advance for each period and are non-refundable outside of our money-back guarantee. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Services.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Services (a “Trial Program”). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.

CANCELATION AND TERMINATION

You may cancel your Subscription at any time in your billing panel at https://marketbolt.com/account/login in the payment history section. Here are instructions on how to do so: https://marketbolt.zendesk.com/hc/en-us/articles/202698839-Cancelling-Your-Subscription. It is the responsibility of the user to cancel the account following these instructions. If you are on a free 10-day trial you must cancel before the 11th day in order to prevent your credit card or PayPal account from being charged for the billing plan you selected when you signed up.

You will remain liable for all charges accrued on your Account up to the time that you cancel or downgrade, including full monthly fees for the month in which you canceled your account. MarketBolt is under no obligation to store your Content and may delete your Account and your Content immediately upon. MarketBolt may keep your Account and your Content indefinitely following the cancellation.
MarketBolt reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. MarketBolt also reserves the right to deny access to anyone, including, but not limited to those users who use proxy servers and/or IP addresses residing in certain geographical areas. MarketBolt reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.

REFUND POLICY

MarketBolt offers a one-time 10-Day Free Trial period to all new subscribers, giving them the opportunity to evaluate the service before paying. If you do not want to continue your subscription past the free trial period simply contact our support desk before the 10 days are up, and you will not be charged for your subscription on the 11th day. Once the 10-Day Trial is over and if you decide to keep your subscription active, you will be charged either monthly or annually based on the plan you chose when you signed up. We are unable to provide partial or full refunds on subscription payments, once your 10-day free trial is over.

LINKS TO THIRD PARTY SITES

Our website and service contains hypertext links to websites and other information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know that these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our website if they do not imply an endorsement by, or affiliation with, our website.
We review our website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. To report problems with links on our website, or for more information about this policy, please send an e-mail to [email protected]
Please note that the content of this page can change without prior notice.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the MarketBolt Web Site, you warrant to MarketBolt that you will not use the MarketBolt Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MarketBolt Web Site in any manner which could damage, disable, overburden, or impair the MarketBolt Web Site or interfere with any other party’s use and enjoyment of the MarketBolt Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MarketBolt Web Sites.

PROHIBITED CONTENT POLICY

1. It is a condition of use of this Website and the Services that a User will not post any Prohibited Content as set out below. Defined terms have the same meaning as set out in our terms and conditions. A User will not:
a. publish falsehoods or misrepresentations that could damage MARKETBOLT or any third party;
b. submit/publish Content or provide links to websites that are unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage such conduct that would be considered a criminal offence, give rise to breach of contract, break any law, or are otherwise inappropriate;
c. post or encourage an illegal or unauthorised copy of work protected by a third party’s copyright, including but not limited to embedding copy-written videos, images, pdfs, files and other media unless sharing is permitted of such works or you own the copyright; providing pirated computer programmes or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
d. submit material that is otherwise subject to third party rights unless the User has the relevant permission to use such material and publish it on the Website; or
e. impersonate another person;

2. Any Content which includes any of the Content set out at clause 1 is Prohibited Content. We may, in our absolute discretion, deem any other Content not listed in clause 1 to be Prohibited Content.

3. MARKETBOLT reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and the User’s details to the appropriate law enforcement agencies, removing the Prohibited Content from our Website and terminating the User’s Membership.

4. We reserve the right to terminate access to our Website and our Services if a User is, in our absolute discretion, deemed to be a Repeat Infringer.

5. If a User believes that posted Content contains Prohibited Content, please contact us at [email protected] with the following and we will look into it asap:
– The URL of that contains the prohibited content
– The type of prohibited content (video,image,etc.)

6. Upon receipt of reported prohibited content, we will adopt the procedure as set out below: We will consider the notification within 48 hours of receipt. We will assume that the complaint is justified unless it is manifestly frivolous or lacking in merit.
a. If we consider the complaint to be justified, we will remove the Content from the Website and will raise the complaint with the User.
b. If we consider the complaint not to be justified, we will raise the complainant’s complaint with the User but will not remove the Content from the Website. We will inform the Complainant of our reasons for keeping the Content posted.
c. If a User is alerted to a complaint by us via email, the User will have 7 days to respond to the complaint. If the User does not respond to a complaint, we will remove the Content from the Website.
d. If the User considers the complaint to be without merit, the User must respond to the complaint within 7 days and give his or her reasons. Such response will be forwarded by MARKETBOLT to the complainant. The complainant will then be able to decide whether the matter is resolved or whether the complainant wishes to pursue alternative dispute resolution or take the matter to the courts.

7. If we consider the Member content to include Prohibited Content, we may at our sole discretion act in accordance with paragraph 2.
If the alleged breach is in relation to claimed intellectual property rights of the complainant, and if we consider the Member content not to be in breach of this policy, it will be up to the complainant and the User either come to an agreement or such a decision is made pursuant to completed alternative dispute resolution.

BREACH OF INTELLECTUAL PROPERTY

If you believe that your intellectual property has been infringed by its use in on a members website or web page, please contact us as soon as possible at [email protected] and provide us with the following information:
– The URL of that contains the infringed content
– The type of infringed content (video,image,etc.)
– Evidence that supports your claim that you own the copyright to the content
Please refer to the Prohibited Content Policy above and the DMCA Notice for further information pertaining to our reported content and the dispute resolution process.

USE OF THE PLATFORM & COMMUNICATION SERVICES

The MarketBolt Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using MarketBolt, you will not:

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

* Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

* Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

* Advertise or offer to sell or buy any goods or services unrelated to MarketBolt.

* Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner.

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

* Violate any applicable laws or regulations.

MarketBolt has no obligation to monitor the Communication Services. However, MarketBolt reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MarketBolt reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

MarketBolt reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MarketBolt’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MarketBolt does not control or endorse the content, messages or information found in any Communication Service and, therefore, MarketBolt specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MarketBolt spokespersons, and their views do not necessarily reflect those of MarketBolt.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO MARKETBOLT OR POSTED AT ANY MARKETBOLT WEB SITE

MarketBolt does not claim ownership of the materials you provide to MarketBolt (including feedback and suggestions) or post, upload, input or submit to any MarketBolt Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MarketBolt, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. MarketBolt is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MarketBolt’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

ANTI-SPAM POLICY

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.
We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.
If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.
If you have additional questions, comments or concerns, please contact us by sending an e-mail to [email protected] and providing us with information relating to your concern.
Please note that the content of this page can change without prior notice.

ABUSE REPORTING

Our users agree to not send spam and to adhere to all of the terms of service listed on this page. If you believe any of our customers are in violation of the terms of service, please contact us via email at [email protected]

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MARKETBOLT WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MARKETBOLT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MARKETBOLT WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE MARKETBOLT WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

MARKETBOLT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MARKETBOLT WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED MARKETBOLT.COM AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MARKETBOLT AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MARKETBOLT WEB SITE, WITH THE DELAY OR INABILITY TO USE THE MARKETBOLT WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MARKETBOLT WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE MARKETBOLT WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MARKETBOLT OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MARKETBOLT WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MARKETBOLT WEB SITE.

SERVICE CONTACT : [email protected]

TERMINATION/ACCESS RESTRICTION

MarketBolt reserves the right, in its sole discretion, to terminate your access to the MarketBolt Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the Province of British Columbia, Canada and you hereby consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, Canada in all disputes arising out of or relating to the use of the MarketBolt Web Site. Use of the MarketBolt Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MarketBolt as a result of this agreement or use of the MarketBolt Web Site. MarketBolt’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MarketBolt’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MarketBolt Web Site or information provided to or gathered by MarketBolt with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MarketBolt with respect to the MarketBolt Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MarketBolt with respect to the MarketBolt Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the MarketBolt Web Site are: Copyright 2013 by MarketBolt and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.

MarketBolt offers a one-time 10-Day Free Trial period to all new subscribers, giving them the opportunity to evaluate the service before paying. If you do not want to continue your subscription past the free trial period simply contact our support desk before the 10 days are up, and you will not be charged for your subscription on the 11th day. Once the 10-Day Trial is over and if you decide to keep your subscription active, you will be charged either monthly or annually based on the plan you chose when you signed up. We are unable to provide partial or full refunds on subscription payments, once your 10-day free trial is over.
HOW WE PROTECT YOUR PRIVACY

This privacy policy tells you how we (MarketBolt Solutions) collect, use, and protect your personal information. By visiting MarketBolt.com, JeunesseSystem.com or any related URL’s, including forwarded domain names, you accept and agree to the terms and conditions of this privacy policy. This privacy policy applies to information we collect on this website and through e-mail and other electronic messages between you and us. It does not apply to information collected by any third party, including through any application or content that may be accessible from this website. In particular, by visiting this website you consent to our collection and use of your personal information as described in this privacy policy, including any updates or revisions to this privacy policy.

POLICY IS PART OF OUR TERMS AND CONDITIONS OF USE

Our privacy policy is part of, and subject to, our website’s terms and conditions of use. You may view these terms and conditions on our website.

THE TYPE OF INFORMATION WE COLLECT FROM YOU

Like most places on the Internet, simply by visiting our website you automatically tell us certain information. This includes basic information such as your IP address, when you visited, the website from where you came prior to visiting us, the website where you go when you leave our website, your computer’s operating system, location data, and the type of web browser that you are using. Our website automatically records this basic information about you.

And like many other websites, we may use cookies or similar tracking technologies. In plain English, this means information that our website’s server transfers to your computer. This information can be used to track your session on our website. Cookies may also be used to customize our website content for you as an individual. If you are using one of the common Internet web browsers, you can set up your browser to either let you know when you receive a cookie or to deny cookie access to your computer.

We may also collect any data that you provide us by posting it at our website or by e-mail, including information by which you might be personally identified such as name, postal address, e-mail address, and telephone number, and/or any other contact or personally identifiable information.

Registered Accounts / Application Users. If you have a registered account and are a user of applications provided by us, you may voluntarily provide, and we may collect and store, additional information related to the registered account, such as: the industry in which you are involved, any API key provided by you, images you choose to upload.

You can always choose not to provide us with information. However, if you do withhold information, you may not be able to make use of some or all of our website’s services and features.

Some transactions between you and our website may involve payment by credit card, debit card, checks, money orders, and/or third party online payment services. In such transactions, we will collect information related to the transaction as part of the course of doing business with you, including your billing address, telephone number, and other information related to the transaction.

We may also obtain information from third parties, for example, our business partners, third-party suppliers, and customers.

WHAT WE DO WITH YOUR INFORMATION

We use your information to operate our business activities. For example, we may use this data to contact you about changes to our website, new services, or special offers, provide you with notices about your account, resolve disputes, troubleshoot issues, enforce our website’s terms and conditions, to carry out our obligations and enforce our rights arising from contracts entered into between you and us, to protect our business interests and the interests and rights of third parties, and to fulfill any other purpose for which you provide data.

As a general rule, we will not give your data to third parties for direct marketing purposes without your permission. However, there are some important exceptions to this rule that are described in the following paragraphs and the paragraphs above.

We may, in our sole discretion, provide information about you to comply with a court order, law or legal process, to law enforcement or other government officials for purposes of fraud investigations, alleged intellectual property infringement, or any other suspected illegal activity or matters that may expose us to legal liability or infringe on our rights or the rights of third parties.

We may provide information about you to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our website users is among the assets transferred.

We may disclose aggregate data about our website’s visitors to advertisers or other third parties.

From time to time, we may use third party suppliers to provide services on our website. If a supplier wants to collect information about you through this website, you will be notified. We restrict the way third party suppliers can use your information.

We will share information with third parties to fulfill the explicit purpose for which you provide it. For example, we will post information that you enter into our blog’s comment system to our blog; share information where you give consent; and use information for the purpose that is disclosed by us when you provide the information; we share information with third parties who assist us in operating our business; for example if we use an email-service-provider, we may provide your email to such vendor to assist us in sending email communications.

USER NAMES AND PASSWORDS

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a username and password for access to certain parts of our website, you are responsible for keeping the username and password confidential. Do not give your password to anyone. If you enter a section of our website that requires a password, you should log out when you leave. As a safety precaution, you should also close out of your web browser completely and re-open it before viewing other parts of the Internet.

ACCESSING AND CORRECTING YOUR INFORMATION

If you have a customer account with us, you can review and change your personal information by logging into the website and visiting your account profile page. You may also send us an e-mail at [email protected] to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

YOUR VOLUNTARY DISCLOSURE OF INFORMATION TO THIRD PARTIES WHO ARE NOT OUR SUPPLIERS

You may choose to provide personal information to website visitors or other third parties who are not our suppliers. Please use caution when doing so. The privacy policies and customs of these third parties determine what is done with your information.

AUTORESPONDERS

We may use autoresponders to communicate with you by e-mail. To protect your privacy, we use a verified opt-in system for such communications and you can always opt-out of such communications using the links contained in each autoresponder message. If you have difficulties opting out, you may contact us by sending an e-mail to [email protected], or sending us mail to the address listed below.

DO NOT TRACK

This website does not monitor for or behave differently if your computer transmits a “do not track” or similar beacon or message.

DISCLAIMER

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, including the illegal acts of third parties (such as criminal hacking).

POLICY CHANGES

The terms of this policy may change from time to time. If we make material changes to how we treat our users’ personal information, we will notify you by e-mail to the e-mail address specified through your account. Your continued use of this website constitutes your consent to such revised privacy policy.

If you are concerned about the topic covered by this policy, you should read it each time before you use our website. Any questions or concerns about this policy should be brought to our attention by sending an e-mail to [email protected], or one of the methods provided under the Contact section, and providing us with information relating to your concern.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at:
[email protected]

This privacy policy was last updated on Dec 5th, 2016.

This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe that your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.

This website (see our website’s Terms of Use for definitions), including all text, media, HTML, scripts, and images are copyrighted and owned by MarketBolt Solutions. All rights reserved.

NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.

This, of course, excludes the downloading and temporary caching of this website on a personal computer for the explicit purpose of viewing this website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this website.

DMCA PROVISIONS

The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe that their rights under United States copyright law have been infringed upon on the Internet.

Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief that their copyright has been infringed may contact the person or entity infringing on their copyright.

The owner of this website is committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner of this website will block access to the allegedly infringing material. The website owner will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a Counter notice to the website owner.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

Please send DMCA notifications of claimed copyright infringement to us at [email protected]

To file a notice of infringement with either the website owner, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

To expedite our ability to process your request, please use the following format (including section numbers):

1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon

2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above. (You must include the URL(s) (the location(s) of the page(s) that contains the allegedly infringing material and also include a description of the specific content which you claim is infringing on your copyright.)

3. Provide information reasonably sufficient to permit the website owner to contact you (e-mail address and a phone number are required at a minimum).

4. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also affirm that as the copyright owner, I have a good faith belief that use of the material in the manner complained of is not authorized by me, my agent, or the law.”

5. The signature of the copyright owner or a person authorized to act on behalf of the copyright owner. You may send your notice via email provided such notice includes a proper electronic signature. The signature or electronic signature must be that of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).

COUNTERNOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a notice of copyright infringement has been filed with the website owner against you, the owner will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief that you have been wrongfully accused, you may file a counter notification with the website owner. If website owner receives a valid counter notification, the DMCA provides that the removed or blocked information will be restored or access re-enabled.

The website owner will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counter notification, unless the website owner first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this website.

Please be advised that United States copyright law provides substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest that you first contact an attorney.

We hate unsolicited commercial e-mail as much as you do. Also known as Spam or junk e-mail, it is a disservice to the Internet community.

We fully endorse and comply with the requirements of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act), and all other applicable unsolicited commercial e-mail laws.

If you subscribe to electronic newsletters or other communications from us or our website, you will always have an option to unsubscribe immediately.

If you have additional questions, comments or concerns, please contact us by sending an e-mail to [email protected] and providing us with information relating to your concern.

Please note that the content of this page can change without prior notice.

This Anti-Spam Policy was last updated on 12-05-2016.

SPAM REPORTING

Our users agree to not send spam and to adhere to all of the terms of service listed on this page. If you believe any of our customers are in violation of the terms of service, please contact us via email at [email protected]

CONTENT REPORTING

Our users agree to abide by our Terms of Use, including the Prohibited Content Policy. If you believe a member has violated this policy please email us at [email protected] and include the following:

– The URL of that contains the prohibited content
– The type of prohibited content (video,image,etc.)

Please refer to the Prohibited Content Policy located in our Terms of Use section for more information on this policy and how our reporting/resolution process works.

COPYRIGHT INFRINGEMENT REPORTING

Our users agree to abide by all Copyright laws and policies as outlined in our Terms of Use. If you believe a member is infringing on your copyright, please refer to the DCMA Notice section on this page for information on how to report this content and seek resolution.

As a MarketBolt Affiliate, You have the opportunity to earn money from commissions for MarketBolt accounts and custom marketing system subscriptions that You sell to other users. This Agreement sets forth Your rights and obligations as a MarketBolt Affiliate. By clicking to participate in the Affiliate Program You indicate that You have read and understood this Agreement and You will be bound by its terms.

1. PARTIES. All references to “MarketBolt” herein mean and refer to MarketBolt Solutions, doing business as MarketBolt, and any custom marketing system names created and managed by MarketBolt. All references to “You” and “Your” mean and refer to that MarketBolt Affiliate who has executed this Agreement by checking the box to become an affiliate. MarketBolt and You are each referred to herein as a “Party,” and collectively as the “Parties.”

2. INDEPENDENT CONTRACTOR. You are an independent contractor of MarketBolt. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between MarketBolt and You by virtue of this Affiliate Agreement.

3. TERM AND TERMINATION. Your contract with MarketBolt begins when You click the box to become an affiliate and will continue month-to-month until either:

A. MarketBolt cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.

or

B. MarketBolt or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that MarketBolt or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided MarketBolt and that is associated with your Affiliate profile.

4. COMPENSATION.

A. COMMISSIONS. After You click to opt-into the Affiliate program and agree to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise MarketBolt or any of our custom marketing systems on their respective domain names. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a MarketBolt account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Lead” or a “Sale,” and each such account is a “Sold Account.” A “Lead” refers to a Prospect that signed up for a free trial and a “Sale” refers to a Prospect that has a paid subscription. In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold Account that generates a minimum payment of $14.99 to MarketBolt in a month. The Commission amount is 20% of all fees received by MarketBolt for a Sold Account and you’ll receive recurring commissions on your referral’s recurring payments. You must have at least $100 in referral commissions to get paid out in any given pay period. All commissions pay out on the 1st of each month for all sales that occurred 2 calendar months prior.

B. TAXES. Before You can be paid any Commission or Bonuses, You may be asked to provide applicable tax forms (Ex: W-8 or W-9), as instructed by MarketBolt. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed tax forms to MarketBolt. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from MarketBolt. If You are not a resident of Canada, MarketBolt may withhold tax (including without limitation VAT) where required to by applicable law. Where MarketBolt is required to withhold tax, MarketBolt will document such withholding.

C. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed ONE HUNDRED and 00/100 Dollars ($100.00) before You receive a payment from MarketBolt. If Your combined commissions and bonuses for a given month are less than $100.00, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $100.00.

D. COMMISSIONS PAID FOLLOWING LEGITIMATE SALES. Commissions and Bonuses are paid only for transactions that actually occur between MarketBolt and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by MarketBolt, You will not be paid a Commission on the transaction. If payment for a Sold Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account payment, then the commission or bonus will be deducted from Your future commissions. If MarketBolt determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale. If any Commissions or Bonuses are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by MarketBolt after payment, such payment amounts shall be deducted from Your future commissions and bonuses. MarketBolt cannot manually apply referral commissions to Sales that did not result in a customer signing up through your personal affiliate tracking URL. Any existing paying members that subscribed before you became an Affiliate cannot later count as your affiliate sale, nor are those members permitted to unsubscribe and re-subscribe using your affiliate URL. Such activity may result in the termination of your affiliate account.

F. U.S. DOLLARS. All commissions are paid in US Dollars via PayPal.

5. MARKETING AND RECRUITING.

A. TRUTHFUL. Anything You communicate in marketing or advertising any MarketBolt service, system or opportunity must be true and accurate. Claims that relate to any MarketBolt service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports MarketBolt. You may not use the intellectual property of any other person or entity in advertising any MarketBolt service or opportunity.

B. NON-DISPARAGEMENT. You are not permitted to disparage the products of services of any other person or entity, including without limitation the products or services of a competitor of MarketBolt.

C. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a MarketBolt account under the name of another person or entity, or under a fictitious name. You are not permitted to open a MarketBolt account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to MarketBolt all Commissions and Bonuses earned as a result of any such violation.

D. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a MarketBolt Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of MarketBolt, the following guidelines must be adhered to:

1. Your statements must be completely true and accurate and supported by evidence;

2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and

3. Your statements must be accompanied by the MarketBolt earnings disclosure statement.

6. MarketBolt’ INTELLECTUAL PROPERTY. No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “MarketBolt Intellectual Property”) owned by MarketBolt or any of MarketBolt’s affiliates may be used, copied, or reproduced by You except as set forth in writing by MarketBolt. No MarketBolt Intellectual Property (or any mark confusingly similar to any MarketBolt Intellectual Property) is to be advertised, listed for sale, registered as a domain name, or otherwise displayed by You in any fashion, including, without limitation, on any Internet website.

7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS. You grant MarketBolt permission to use any and all photographs taken by MarketBolt or its agents or employees, or submitted by You to MarketBolt (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of MarketBolt or any product or service sold and marketed by MarketBolt. You agree that this authorization to use Photographs may be assigned by MarketBolt to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in MarketBolt’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against MarketBolt in exchange for this Release and Assignment. You hereby release and forever discharge MarketBolt from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.

8. PROHIBITED ACTIVITY. MarketBolt has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to MarketBolt’s reputation; and the violation of the rights of MarketBolt or any third party.

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to MarketBolt’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.

9. INDEMNITY. You agree to protect, defend, indemnify and hold harmless MarketBolt, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against MarketBolt for liability for payments for, damages caused by, or other liability relating to, You.

10. NO WARRANTY; NO LEADS. MarketBolt does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that MarketBolt will not at any time provide sales leads or referrals to You. Additionally, MarketBolt’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. MarketBolt MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY MarketBolt WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. MarketBolt MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY MarketBolt WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY MarketBolt WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY MarketBolt’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY MarketBolt’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY. YOU AGREE THAT IN NO EVENT SHALL MarketBolt’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MarketBolt OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.

12. FORCE MAJEURE. MarketBolt will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of MarketBolt. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. MarketBolt shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.

13. ASSIGNMENT. MarketBolt may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without MarketBolt’ or its assigns express written consent.

14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES.

A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against MarketBolt including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in British Columbia, Canada. You agree not to file suit against MarketBolt or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and MarketBolt. In the event that You and MarketBolt are unable to reach agreement on an Arbitrator, You and MarketBolt will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of British Columbia, Canada. The arbitrators selected by You and MarketBolt will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and MarketBolt and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the Province of British Columbia, Canada without regard to any choice of law provisions.

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against MarketBolt to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against MarketBolt may not be joined or consolidated with claims brought by anyone else.

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents MarketBolt from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect MarketBolt’ rights prior to, during, or following any arbitration proceeding.

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either Your or MarketBolt commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.

15. ENTIRE AGREEMENT. This Agreement, along with MarketBolt’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a MarketBolt Affiliate.

16. MODIFICATION/AMENDMENTS. This Agreement and MarketBolt’ standard Terms and Conditions may be modified by MarketBolt at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted on MarketBolt.com. No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by MarketBolt. Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement.

17. NO WAIVER. No waiver by MarketBolt of any right reserved or granted to MarketBolt under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of MarketBolt.

18. NOTICE. Any notice required to be given to MarketBolt under or related to this Agreement shall be in writing, addressed as follows:

e-mail : [email protected]

MarketBolt will send notices to You at the e-mail address You provided to MarketBolt. Any notices shall be deemed delivered to You when sent by MarketBolt. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You. MarketBolt may also provide notice to You by posting information on MarketBolt.com.

19. SEVERANCE. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.