Terms & Conditions

Mark43 Platform Terms & Conditions

Mark43, Inc. (“Mark43,” “we,” “us,” or “our”) welcomes you to the Mark43 Community. The following terms and conditions govern all use of this website and its subdomains, and all content, services and products available therein (collectively, the “Community Platform”). The Community Platform is owned and operated by Mark43and is offered subject to your acceptance of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Mark43's Privacy Policy and Community Guidelines) and procedures that may be published from time to time on the Community Platform by Mark43 (collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the Community Platform. By accessing or using any part of the Community Platform, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to any of these terms, then please do not access or use the Community Platform.  For the avoidance of doubt, this Agreement does not govern our customers’ use of the services and products that we make available through paid subscriptions, such as our Mark43 RMS, Mark43 CAD and Mark43 Evidence products. THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM CAREFULLY.

1. Use of Personal Information

Your use of the Community Platform may involve the transmission to us of certain personal information. Our policies with respect to the collection and use of such personal information are governed by our Privacy Policy (located at https://www.mark43.com/privacy-policy) and our Cookie Policy (located at http://www.mark43.com/cookie-policy), which are hereby incorporated by reference in their entirety..

2. Your Mark43 Community Account

If you create an account on the Community Platform, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify Mark43 of any unauthorized uses of your account or any other breaches of security of which you become aware. Mark43 will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

3. Community Rules

Mark43’s community, like any community, functions best when its people follow a few simple rules.  By accessing and/or using the Community Platform, you hereby agree to comply with these community rules: You will comply with all applicable laws in your use of the Community Platform and will not use the Community Platform for any unlawful purpose; You will not access or use the Community Platform to collect any market research for a competing business; You will not “stalk” or otherwise harass another user; You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Community Platform; You will not download any Other User Content (as defined below) or Mark43 Content (as defined below) without the consent of the originator of the content; You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Community Platform; You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Community Platform, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file; You will not use, frame, or utilize framing techniques to enclose any Mark43’ trademark, logo, or other proprietary information (including the images found on the Community Platform, the content of any text, or the layout/design of any page or form contained on a page) without Mark43’s express written consent; You will not use meta tags or any other “hidden text” utilizing a Mark43 name, trademark, or product name without Mark43’s express written consent; You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; You will not interfere with or attempt to interrupt the proper operation of the Community Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Community Platform through hacking, password or data mining, or any other means; and If you find something that violates this Agreement or our Community Guidelines, please let us know, and we’ll review it. We reserve the right, in our sole and absolute discretion, to deny you access to the Community Platform, or any portion of the Community Platform, without notice, and to remove any comments that do not adhere to these guidelines.

4. Your Content

If you post content or material to the Community Platform, post links on the Community Platform, or otherwise make (or allow any third party to make) any content or material available on, by or through the Community Platform (any such content, material and links, "Your Content"), you are entirely responsible for the content of, and any harm resulting from, Your Content. By making Your Content available, you represent and warrant that: the downloading, copying and use of Your Content will not infringe, misappropriate or violate the rights, including but not limited to the copyright, patent, trademark, trade secret, privacy, or publicity rights, of any third party; You will not upload, post, e-mail, transmit, or otherwise make available any content that: is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, or promotes violence; or discloses any confidential information about Mark43, its partners, affiliates or vendors, or confidential or sensitive information about yourself, another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information. if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available Your Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to Your Content; you have fully complied with any third-party licenses relating to Your Content, and have done all things necessary to successfully pass through to end users any required terms; Your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content; Your Content is not posted or made available for the purpose of (1) soliciting other users for commercial purposes or (2) soliciting other users to interact with you outside of the Community Platform for the purposes of obtaining support for Mark43 products; Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); Your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods; Your Content is not named in a manner that misleads others into thinking that you are another person or company; and you have, in the case of Your Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Mark43 or otherwise. Mark43 does not claim ownership of Your Content. However, when you post or publish Your Content on the Community Platform, you represent that you own or have all necessary rights to post or publish such content. Subject to any applicable account settings that you select, you grant Mark43 a fully paid, royalty-free, worldwide, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the Community Platform to you and to our other registered users. Please remember that other registered users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the Community Platform. You agree that you, not Mark43, are responsible for all of Your Content.

5. Community Platform Content, Interactions With Other Users

Mark43 has not reviewed, and cannot review, all of the material, including computer software, posted to the Community Platform, and cannot therefore be responsible for that material’s content, use or effects. By operating the Community Platform, Mark43 does not represent or imply that it endorses the material or content posted, or that it believes such material or content to be accurate, useful or non-harmful. The Community Platform may contain content provided by other users (“Other User Content”). Mark43 is not responsible for, does not endorse and does not control such content. Mark43 may, but has no obligation to, review or monitor, and does not approve, endorse or make any representations or warranties with respect to Other User Content. Please report any conversations, posts or Other User Content you believe is inappropriate or abusive in nature. You use all user content and interact with other users at your own risk. You acknowledge that Mark43 has no obligation to pre-screen content, although Mark43 reserves the right in its sole discretion to pre-screen, refuse or remove any content. By entering into the Agreement, you hereby provide your irrevocable consent to Mark43’s monitoring of content. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Mark43 pre-screens, refuses or removes any of Your Content, you acknowledge that Mark43 will do so for Mark43’s benefit, not yours. Without limiting the foregoing, Mark43 shall have the right to remove any of Your Content that violates the Agreement or is otherwise objectionable. You are solely responsible for your interactions with other users and any other parties with whom you interact; provided, however, that Mark43 reserves the right, but has no obligation, to intercede in such disputes. You agree that Mark43 will not be responsible for any liability incurred as the result of such interactions.

6. External Sites

The Community Platform may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others.  You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations or covenants regarding the content or accuracy of materials on such External Sites.  You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

7. Copyright Infringement and DMCA Policy

Mark43 respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content or user submissions deemed to have been posted or distributed in violation of any such laws. Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows: Mark43, Inc.
28 East 28th Street, 12th floor
New York, NY 10016
Attn: Copyright Compliance Department
Email:  dmca@mark43.com If you believe that your work has been copied on the Community Platform in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Community Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

8. Intellectual Property

The Community Platform contains materials, such as software, text, graphics, images, sound recordings, audiovisual works, webinars, white papers, case studies, and other materials provided by or on behalf of Mark43 (collectively referred to as the “Mark43 Content”).  The Mark43 Content may be owned by us or by third parties.  The Mark43 Content is protected under both United States and foreign laws.  Unauthorized use of the Community Platform content may violate copyright, trademark, and other laws.  You have no rights in or to the Mark43 Content, and you will not use the Mark43 Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Mark43 Content on any copy you make of the Mark43 Content.  You may not sell, transfer, assign, license, sublicense, or modify the Mark43 Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Mark43 Content in any way for any public or commercial purpose.  The use or posting of the Mark43 Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and use the Mark43 Content and the Community Platform automatically terminates and you must immediately destroy any copies you have made of the Mark43 Content. The trademarks, service marks, and logos of Mark43 (“Mark43 Trademarks”) used and displayed on the Community Platform are registered and unregistered trademarks or service marks of Mark43.  Other company, product, and service names located on the Community Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Mark43 Trademarks, the “Trademarks”).  Nothing on the Community Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing.  All goodwill generated from the use of the Mark43 Trademarks inures to our benefit. Elements of the Community Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.  None of the Mark43 Content may be retransmitted without our express, written consent for each and every instance.

Mark43 reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Community Platform following the posting of any changes to this Agreement constitutes acceptance of those changes. Mark43 may also, in the future, offer new services and/or features through the Community Platform (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

10. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Community Platform, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Community Platform at any time without prior notice or liability.

11. No Warranties/Limitation of Liability

YOU ACKNOWLEDGE THAT ALTHOUGH THE COMMUNITY PLATFORM AND THE CONTENT CONTAINED THEREIN CAN BE USED AS AIDS TO MAKE INFORMED DECISIONS, THE COMMUNITY PLATFORM AND THE CONTENT CONTAINED THEREIN ARE SOLELY EDUCATIONAL AND INFORMATIONAL IN NATURE AND ARE NOT MEANT TO BE SUBSTITUTES FOR LEGAL, TECHNICAL OR BUSINESS ADVICE OR EXERCISE OF YOUR OWN JUDGMENT.  ANY SUCH DECISIONS OR JUDGMENTS ARE MADE AT YOUR SOLE DISCRETION AND ELECTION. THE COMMUNITY PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE COMMUNITY PLATFORM OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE COMMUNITY PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.  IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE COMMUNITY PLATFORM OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE COMMUNITY PLATFORM OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

You agree to indemnify and hold harmless Mark43, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Community Platform, including but not limited to your violation of this Agreement. You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your misuse the Community Platform; and/or (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA.  The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in New York County, New York. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent Mark43 from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Mark43’s proprietary interests.

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS CUSTOMER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

You will comply with any federal, state or local statute, law, ordinance, rule, administrative interpretation, regulation, order, writ, injunction, directive, judgment, decree or other requirement of any international, federal, state or local court, administrative agency or commission or other governmental or regulatory authority or instrumentality, domestic or foreign (“Applicable Law”), applicable to you pertaining to the use of the Community Platform. You shall ensure that Your Content complies with all Applicable Law relating to the privacy of third parties or the protection of their personal data promulgated by any governmental, municipal, or legal authority having jurisdiction over you or Your Content covered by this Agreement. You shall comply with local anti-bribery laws as well as the U.S. Foreign Corrupt Practices Act, as well as any other Applicable Laws and regulations.

This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. If this Agreement is terminated in accordance with the Termination provision above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,”, “No Warranties; Limitation of Liability,” “Indemnification,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.” Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.  Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import.  This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.