Terms of Service

Acceptance of Terms

Last updated: September 1, 2016

Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the https://getmarker.io website (the "Service"), all services of Marker, operated by Côté Clair SPRL ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. If you do not agree to these Terms or to our Privacy Policy, please do not access the Marker website or services.

Privacy and Communications

You acknowledge and agree that Marker may occasionally send you communications regarding your account or the Service via email.

See the Privacy Policy, which is incorporated into this Agreement by reference.

Accounts, Passwords, and Security

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Marker and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.

The Software and Service are made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.

Any unauthorized use of any Marker Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Appropriate Practices

Marker reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed, without refund.

Federal Regulation Compliance

You are responsible for complying with the CAN-SPAM federal regulation. You are also responsible for supplying an Unsubscribe link in the event that your email is required to under the Federal CAN-SPAM regulation.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Marker cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting our customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Marker with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Marker to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Marker will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fees

Marker will not issue refunds for unused service at any times. Users are able to opt-in to recurring billing at a level set by the user. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by the user. Services invoices will not be transmitted automatically, but will be provided in PDF format upon request from our support department.

Fee Changes

Coté Clair SPRL, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Côté Clair will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Chargeback / Refund Policy

Marker will not, under any circumstances, issue cash refunds for early contract cancellation. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. Marker has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from use of the Marker. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

No Warranties or Representations

You understand and agree that the Service is provided "as is" and Marker, its affiliates, suppliers and Resellers expressly disclaim all warranties of any kind, beyond the Refund, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on Marker's servers. Marker, its affiliates, suppliers and Resellers make no warranty or representation, other than the Refund, regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements beyond the Refund. Use of the Service is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with You. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Limitation of Liability

In no event shall Marker be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.

Termination of Service

We reserve the right to terminate your account at any time. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Conditions

We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party's intellectual property or these Terms of Service. An account terminated by Marker will not be backed-up for any reason and will be immediately deleted from our servers.

Intellectual Property

Marker claims no intellectual property rights over the material you provide to the Service. You acknowledge that Marker owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

Use of Remarketing in Online Advertising

Third party vendors, including Google, show Marker ads on sites on the internet.

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to this website.

Users may opt out of Google's use of cookies by visiting the Google advertising opt-out page. Alternatively users may opt out of a third party vendor's use of cookies by visiting the Network Advertising Initiative opt out page.

Contact Us

Users with questions about this Agreement or the Privacy Policy may contact Marker at [email protected]