SALESMIX.COM TERMS OF USE

1. ACCEPTANCE OF TERMS

SalesMix.com provides a collection of online resources, including search tools, local advertising advice, a blog and various other services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular SalesMix.com services, you agree to abide by any applicable posted guidelines for all SalesMix.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with SalesMix.com in any way, your only recourse is to immediately discontinue use of SalesMix.com. SalesMix.com has the right, but is not obligated, to strictly enforce the TOU through self-help, active investigation, litigation and prosecution.

2. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: http://www.SalesMix.com/terms-of-use

3. THIRD PARTY CONTENT, SITES, AND SERVICES

The SalesMix.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of SalesMix.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that SalesMix.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that SalesMix.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release SalesMix.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

4. PRIVACY AND INFORMATION COLLECTION AND USE

General

SalesMix.com collects personal information when you use SalesMix.com products or services, when you visit SalesMix.com pages or the pages of certain SalesMix.com partners. SalesMix.com may combine information about you that we have with information we obtain from business partners or other companies. We ask for information such as your business, industry, and address. When you register with SalesMix.com and sign in to our services, you are not anonymous to us. SalesMix.com automatically receives and records information from your computer and browser, including your IP address, SalesMix.com cookie information, software and hardware attributes, and the page you request. SalesMix.com uses information for the following general purposes: to fulfill your request for services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients. Your use of the SalesMix.com website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that SalesMix.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of SalesMix.com, its users or the general public.

5. CONDUCT

You agree that you will not: impersonates any person or entity, including, but not limited to,

a) SalesMix.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity

b) that includes personal or identifying information about another person or business without that person or businesses’ explicit consent

c) engage in  false, deceptive, misleading or deceitful activities

d) infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

e) advertise any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.

f) attempt to gain unauthorized access to SalesMix.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the SalesMix.com website.

6. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SALESMIX.COM SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SALESMIX.COM SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.  ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, SALESMIX.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SALESMIX.COM SITE AND THE SERVICE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SALESMIX.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SALESMIX.COM SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SALESMIX.COM SITE.  TO THE FULLEST EXTENT PERMITTED BY LAW, SALESMIX.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SALESMIX.COM SITE OR THE SERVICE.  Some jurisdictions do not allow the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

7. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SALESMIX.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SALESMIX.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SALESMIX.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SALESMIX.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE SALESMIX.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SALESMIX.COM SITE OR THE SERVICE.  SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SALESMIX.COM SITE OR THE SERVICE OR ANY LINKS ON THE SALESMIX.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SALESMIX.COM SITE OR THE SERVICE OR ANY LINKS ON THE SALESMIX.COM SITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted.  In such jurisdictions, some of the foregoing limitation may not apply to you.

8. INDEMNITY

You agree to indemnify and hold SalesMix.com, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.

9. GENERAL INFORMATION

The TOU constitute the entire agreement between you and SalesMix.com and govern your use of the Service, superceding any prior agreements between you and SalesMix.com. The TOU and the relationship between you and SalesMix.com shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and SalesMix.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Albany, New York. The failure of SalesMix.com to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.