Limitations of Use
As a condition of your use of Mendicant Marketing, LLC, you warrant to us that you will not use Mendicant Marketing, LLC for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Mendicant Marketing, LLC in any manner which could damage, disable, overburden, or impair the Mendicant Marketing, LLC website.
Intellectual Property Ownership
We alone shall own all right, title and interest, including all related intellectual property rights, in and to the Mendicant Marketing, LLC technology, the content and templates and any suggestions, ideas, enhancement requests, feedback, recommendations or other generalized information provided by you or any other party relating to us or pursuant to this Agreement. This Agreement is not a sale and does not convey to you any rights of ownership in or related to Mendicant Marketing, LLC, the Mendicant Marketing, LLC technology or the intellectual property rights owned by us. The Mendicant Marketing, LLC name, the logo, and the product names associated with Mendicant Marketing, LLC are our trademarks or third parties, and no right or license is granted to use them.
Customer Data Confidentiality
Confidential customer data is the property of the customer. Mendicant Marketing, LLC will not utilize confidential data without prior customer consent. Mendicant Marketing, LLC may use aggregate installed base customer statistics in a confidential manner for internal analysis and external marketing purposes.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH MENDICANT MARKETING, LLC MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO MENDICANT MARKETING, LLC. WE AND/OR OUR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES AT ANY TIME. ADVICE RECEIVED VIA MENDICANT MARKETING, LLC 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.
WE AND/OR OUR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AVAILABLE THROUGH MENDICANT MARKETING, LLC FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE AND/OR OUR 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 WE AND/OR OUR 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 MENDICANT MARKETING, LLC, WITH THE DELAY OR INABILITY TO USE RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED OR OTHERWISE ARISING OUT OF THE USE OF MENDICANT MARKETING, LLC, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE OR ANY OF OUR 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 MENDICANT MARKETING, LLC, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING MENDICANT MARKETING, LLC.