: : : Service Agreement

SmartDigest Terms of Service for Your Personal Use
Welcome! By using SmartDigest services or other MarketFeat services ("MarketFeat Services"), you agree to be bound by the following terms and conditions.

Personal Use Only
The SmartDigest Services are made available for your personal, non-commercial use only. You use the Services for your own presentations but you may not resell them. You may not take the SmartDigest information and reformat and display them, or mirror the SmartDigest content pages on your Web site. If you want to make enterprise-wide use of the SmartDigest Services, you may do so but you must first enter into a written agreement with MarketFeat.. Please contact us for more information if you wish to use SmartDigest Services enterprise-wide.

Content Linked to by SmartDigest
The sites displayed or linked to by MarketFeat Services are publicly available sites, with information that is considered public domain. While we believe such information to be true, we cannot guarantee the accuracy of such content nor the length of time such information will be available and we take no responsibility for such information.

Privacy Policy
MarketFeat respects the privacy of our customers. Click here for our Privacy Policy.

Changes In Terms and Conditions for SmartDigest and other MarketFeat services
We may modify, change, enhance or terminate our services from time to time, for any reason. We also reserve the right to change, modify or terminate the services of any third party service provider without liability to you. , We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you remain current with any changes.

Disclaimer of Warranties
MarketFeat disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by SmartDigest Services. MarketFeat disclaims any responsibility for the deletion, failure to store, wrongful or untimely delivery of any information or material. MarketFeat disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through SmartDigest and MarketFeat Inc.

THE MARKETFEAT SERVICES, AND ALL MATERIAL, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE MARKETFEAT SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MARKETFEAT AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MARKETFEAT AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MARKETFEAT SERVICES. MARKETFEAT AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH MARKETFEAT SERVICES. MARKETFEAT AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON MARKETFEAT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY MARKETFEAT SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN MARKETFEAT SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE MARKETFEAT SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND FROM JURISDICTION TO JURISDICTION.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MARKETFEAT OR ITS PARTENERS, AFFILIATES, OR SUBSIDIARIES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON MARKETFEAT SERVICES. IN NO EVENT SHALL MARKETFEAT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF MARKETFEAT OR ITS PARTENERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON MARKETFEAT SERVICES, FROM INABILITY TO USE THE MARKETFEAT SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MARKETFEAT SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON MARKETFEAT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN MARKETFEAT SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON MARKETFEAT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN MARKETFEAT SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF MARKETFEAT SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, MARKETFEAT SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall MarketFeat or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failure, telecommunication equipment failure, other equipment failure, failure or fluctuation of electrical power or failure of electrical appliances, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, terrorist activity, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties.

Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.

These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by MarketFeat.