The website assetmarketpros.com (the “Site”) is brought to you by Asset Market. (“Asset Market,” “Platform Website”, “we,” “us,” or “our”). By use and access to the Site, you agree to and accept the following terms and conditions of use, including the Mobile Terms set forth hereunder (collectively, the “Terms of Use“) carefully before using the Site as the Terms of Use constitute a legally binding contract between you and Asset Market®. The Terms of Use sets forth the terms and conditions which govern your access and use of the Site and of the Content (as defined below) and the services and functionality made available on or through the Site (collectively, the “Services”) whether as a guest or a registered user. By browsing, accessing, or otherwise using the Services in any manner, you hereby accept, without limitation or qualification, (1) the Terms of Use and (2) the Privacy Policy for the Site (the “Privacy Policy”). If you do not agree to the Terms of Use or the Privacy Policy, you may not access or use the Services or any portion thereof and must exit the Site now. Further, if you do not agree to the Terms of Use or the Privacy Policy, you agree that your sole and exclusive remedy is to discontinue using this Site.
Updates/revisions to the Terms of Use.
Please review the Terms of Use periodically which may be accessed through the Site. We reserve the right, in our sole discretion, to update or revise the Terms of Use at any time. By using or accessing the Site, you agree that we may modify the Terms of Use or the Site at any time without prior notice. You further agree that we will have no further obligation to notify you of any modifications and, unless where otherwise provided by applicable law, such updates or modifications shall become effective immediately upon the posting thereof and will be indicated by the “last updated” date indicated above. Your continued use of the Site following the posting of updates and/or revisions to the Terms of Use will conclusively indicate and constitute your acceptance of such update and/or the revised Terms of Use. The most current version of the Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the Site.
Security of your username/password
Access to the certain areas of the Services (“Personal Secure Account”) is enabled only by username and password. You shall maintain your password in strict confidence. In no event shall you share your password with any third party or allow another person to access the Personal Secure Account using your password. You shall immediately notify us if you have any reason to believe that your username or password has been lost or compromised or misused in any way. You shall immediately report any unauthorized or suspicious activity involving your User Account. You are fully and solely responsible for any and all use of the Services using your username and password. We reserve the right to revoke or deactivate your username and password if you violate the Terms of Use.
Content made available on or through the site and your use of content
A. Description of Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to Asset Market® and its affiliates, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted in paragraph C below) through the Site.
B. Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Asset Market® or other parties that have licensed their material to Asset Market®, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Asset Market® or such third-party that owns the Content. All rights not expressly granted herein by Asset Market® and/or its licensors to you are reserved by Asset Market® and/or its licensors.
C. Restrictions on Your Use of Content. You may access and use Content solely for your information and personal, non-commercial use, as intended through the provided functionality of the Services and permitted under this User Agreement. Any modification of the Content, use of the Content on any web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior consent of Asset Market® or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site. You shall not download any Content unless you see a “download” or similar link displayed by us on the Site for such Content. We do not have an obligation to detect the presence of Harmful Code (as defined in “Restrictions on the use of your Services” below). If you download any Content from the Site, you do so at your own risk. You agree that you are responsible for your own conduct while using the Site or Services and for any consequences thereof.
Trademarks/service marks, logos, slogans and taglines
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Asset Market® or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Asset Market®, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
Disputes
All questions regarding your User Account, the Site or the use of the Content must be directed to assetmarketpros.com or (+44) 7361 611962. Any dispute related to your Account and/or transactions related to such Account should be addressed in accordance with the terms and conditions of the Account Agreement accessible here.
Your Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information provided by you to Asset Market® (collectively, “Feedback”) are not confidential and you hereby grant to Asset Market® a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.
Your ability to accept this user agreement
This Site is intended solely for users who are at least 18 years of age or older. By using the Site, you affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.
Disclaimer of warranty
Access to the Services is provided “as is” and “as available” without any warranty of any kind, express or implied. To the fullest extent permissible pursuant to applicable law, Asset Market®, its affiliates and any person associated with Asset Market® and its affiliates, disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, Asset Market® does not warrant that access to the Services will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does Asset Market®, its affiliates, nor any person associated with Asset Market® or its affiliates, make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the Services, that defects will be corrected, that our Site or the server that makes it available are free of viruses or other harmful components or that the Site or any Services or items obtained through the Site will otherwise meet your needs or expectations. You expressly agree that your use of the Services is at your sole risk. You shall be solely and fully responsible for any damage to any computer system, any loss of data, or any improper use or improper disclosure of information caused by you or any person using your login credentials. Asset Market® cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of advice, ideas, information, instructions or guidelines accessed through the Services.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any Services or other proprietary material due to your use of the Site or any Services or items obtained through the Site or to your downloading of any material posted on it, or any website linked to it.
Limitation of liability
Asset Market® and its parents, subsidiaries, affiliates, officers, directors, agents or employees are not liable to you or any other person for any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with your use of the Services, whether under a theory of breach of contract, tort, negligence, strict liability, malpractice, any other legal or equitable theory or otherwise, even if Asset Market® has been advised of the possibility of such damages. You hereby release Asset Market® and hold it and its parents, subsidiaries, affiliates, officers, directors, agents and employees harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services. You waive the provisions of any state or local law limiting or prohibiting a general release.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability also applies with respect to damages incurred by you by reason of any products or services sold or provided on any linked sites or otherwise by third parties other than Asset Market® and received through the Services or any linked sites.
Exclusive remedy
Without limiting the limitation of liability above, in the event of any problem with the Services, you agree that your sole and exclusive remedy is to cease using the Services. Under no circumstances shall Asset Market®, its parents, subsidiaries, affiliates, officers, directors, agents or employees be liable in any way for your use of Services, including, but not limited to, any errors or omissions in the Services, any infringement by the Services of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of the use of the Services. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Indemnification
Without limiting the generality or effect of other provisions of this User Agreement, as a condition of use, you agree to indemnify, hold harmless, and defend Asset Market® and its parents, subsidiaries, affiliates, suppliers, lenders, licensors or service providers and, in each case, their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Services; (ii) your failure to comply with any applicable laws and regulations; and (iii) your breach of any obligations set forth in this User Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.
This defense and indemnification obligation shall survive this User Agreement and your use of the Service. Asset Market® reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Asset Market® in asserting any available defenses.
Miscellaneous
This User Agreement constitutes the sole agreement between you and Asset Market® for your use and the provision of the Services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this User Agreement shall bind either you or Asset Market®. Any of the terms of this User Agreement which are determined to be invalid, unlawful, void, or for any reason unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this User Agreement or affecting the validity or enforceability of this User Agreement as a whole. Failure to insist on performance of any of the terms of this User Agreement will not operate as a waiver of any subsequent default. No waiver by Asset Market® of any right under this User Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This User Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this User Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. By using the Site, you agree to Google’s Terms of Service.