Terms of Use

Before using or subscribing to marksandlibrary.com (the “Website”) please carefully read these terms of use (the “terms of use”) and the privacy policy (the “privacy policy”).  By using our Website you agree to be bound by these terms of use, (ii) acknowledge and agree that the information you provide either directly or indirectly through the Website will be managed in accordance with the privacy policy, and (iii) acknowledge and agree that additional terms may apply.

These Terms of Use govern your access to and use of the websites located at www.marksandlibrary.com, and our related services, applications, and tools (collectively, the “Services”). The Services are owned and operated by WorthPoint Corporation and/or its subsidiaries (“WorthPoint” “we” or “us”).  “You” and “User” means the persons accessing our Websites and Services.

These Terms of Use were last updated in January 2012.

Membership

If you are 18 years of age or older, you may register for a membership account through the Website. Once your membership account is established, you can choose among various level(s) of membership for each Service (each a “Membership Level”).  If you would like to see a list of the Membership Levels available and a description of those Membership Levels, including any applicable fees, please click here. The Membership Level you choose will determine which available features you are permitted to access.

When you register for a Membership account you must (i) provide accurate and truthful information about yourself, including billing information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. As a registered Member, you are responsible for keeping your password and membership account information confidential.

You are responsible for all activities that occur under your membership account. If you suspect someone is accessing or using your membership account or if you need to change your password or membership account information you should notify us as soon as possible using the contact information set forth under “Contact Us” and login to your account to make the necessary changes.

We reserve the right to terminate or suspend your Membership account at any time for any or no reason. Therefore, you should keep copies and records of any content you may wish to access if your Membership account is terminated.

Cancellations

If you would like to cancel your Account, login with your Username and Password.  Click on "My Account" at the top of the page, then click on the "Account Settings" tab.  You will see a link that reads "Billing Info", click this link and you'll see the "Cancel Account" button. 

Content

Our Website and Services contain graphics, information, data, and other content (collectively, “Content”) accessible by any Member.  All Content is owned and/or copyrighted by WorthPoint or third party providers.  The Content is protected under United States’ and other countries’ copyright, trademark and other laws and international treaty provisions, and may only be used in accordance with this limited use license. 

Portions of our Services contain User provided Content.   We are a distributor only of any User provided Content.

Submitting Content

You are entirely responsible for any Content that you contribute to the Website and Services (“Submitted Content”). By submitting Content to our Websites and/or Services you grant us a non-exclusive, worldwide, perpetual, royalty-free, sublicensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the Submitted Content, in any media known now or in the future and to publicly display the Submitted Content.  In addition, by posting Submitted Content to the Websites, you represent and warrant that (i) you own all right, title and interest in and to the Submitted Content, or you have the necessary licenses, approvals and permissions to use the Submitted Content and to post it on our Websites and to grant us the license described above, and (ii) the Submitted Content does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms of Use.

The Submitted Content shall not, nor shall Submitted Content provide a link or reference to content that:

  • misrepresent(s) you or any third party’s identity, affiliation or connection with a person or entity;
  • imply(ies) or state(s) that we endorse or are in any way associated with Submitted Content;
  • contain(s) any false, misleading, deceptive, sexually suggestive, abusive or harassing content;
  • promote(s) hatred, racism, bigotry, physical violence or emotional abuse against any individual or group;
  • is unlawful, threatening, defamatory, obscene, libelous, or otherwise contain(s) offensive content;
  • contain(s) photographs or words containing or depicting objectionable subject matter, including but not limited to photos depicting or containing excessive violence, nudity, obscenity, sexual explicitness, or harassing content;
  • contain(s) any information or computer code that is intended to, or is likely to, damage, interfere with, alter, intercept or expropriate any data or system, such as Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines; or
  • contain(s) advertising or solicitation of any kind

We reserve the right, but do not have the responsibility, to monitor and remove any Submitted Content, at any time and without notice, in our sole discretion.

The Website and Services are available worldwide and may be operated from various locations both within and outside the United States of America (“USA”). Access to and use of the Website and Services may be inappropriate, prohibited or restricted in countries outside the USA.  If you access/use the Website or Services from outside the USA, you are responsible for complying with the laws and regulations of the territory from which you access/use the Website and Services.

Information You Provide/Submissions

The Privacy Policy governs the collection, use and disclosure of information gathered on or through the Websites, including, but not limited to, the information you provide while accessing and using the Website and Services.

Limited Use License

You are licensed to use the Content on the Website, any related mobile applications, and the Services for personal research purposes only.  Under no circumstances shall you use any Content (except Submitted Content provided by you) for any Commercial Use.  “Commercial Use” means any use that yields a profit or monetizes in any way the use of the Content.   Online or other republication of Content is prohibited.  You may not remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.  Violation of this License may result in legal action for injunction, damages, or both.  All rights in and to the Content not expressly granted in these Terms of Use are retained by WorthPoint.

Content Appearing On or Accessed Through the Websites

We do not independently verify any Content appearing on or accessed through the Websites that has been provided by third parties ( “Content Providers”), whether or not we have an agreement with the Content Provider. We do not guarantee or warrant that any Content appearing on or accessed through the Website (including Content provided directly by us) is accurate, complete, truthful, or non-objectionable.  We do not endorse any Content provided by Content Providers.  We reserve the right, at any time and in our sole discretion, to remove any Content from the Website without notice. 

We reserve the right to modify or discontinue the Website or any available features or Services, at any time, without notice.

Links

The Website may display links to other websites or resources sponsored by third parties. Your access to and use of any linked websites is at your own risk. We do not endorse or provide warranties of any kind as to any Linked Websites (and any websites to which they link). You should review the policies and terms and conditions associated with Linked Websites closely before using, submitting information to Linked Websites.

Using the Services

We request that while visiting the Website and participating in, accessing and using the Services, you conduct yourself in a polite, courteous and respectful manner.  Without limiting our remedies, we may limit, suspend or terminate Services to and prohibit access to our Website or Services to any User whom we believe (in our sole discretion) is creating problems or possible legal liabilities, including, without limitation, users who we believe are:
• taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• infringing on the intellectual property rights of others;
• interfering or attempting to interfere with the proper working of the Website or the Services; or
• using any data mining, robots, or similar data gathering and extraction tools in connection with the Website or Services.

Applicability of Additional Terms and Conditions

Additional or different terms and conditions (“Additional Terms”) may apply in connection with certain available features.  If applicable, these Additional Terms will be set forth (i) where you are permitted to access or use the available features, or (ii) in a link adjacent to where you are permitted to access the available features. You should carefully review all Additional Terms before accessing and using the available features.  In the event that any Additional Terms conflict with these Terms of Use, the Additional Terms shall control with respect to the subject matter to which such Additional Terms apply.

Reporting Violations of these Terms of Use

If you became aware of activities, or Content that violates these Terms of Use you should notify us immediately at support@worthpoint.com. Although we do not guarantee any action based on such information, we pledge to make every reasonable effort to respond to reported violations in a fair and timely manner.

Termination

We may, in our sole discretion, at any time and without prior notice, terminate your use of the Website or terminate your rights under these Terms of Use for any or no reason.  We may also, in our sole discretion discontinue providing the Website or any Services, with or without notice.

LIABILITY DISCLAIMER

The information and services included on the Website and Services may include inaccuracies or typographical errors.  All information provided on our Website and Services in provided “as is.” We expressly disclaim all express and implied warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement in connection with the Website, the Services and the Content. 

Without limitation to the foregoing, we do not warrant that: (a) there will be no interference with your enjoyment of the Website or Services; (b) the Website or Services will fulfill any particular purpose, need, requirement or specification or is complete, reliable or accurate; (c) the Website and Services will be timely, secure or error free; (e) any errors in content will be corrected; or (f) other products or services displayed or referenced on the Website or Services are available for use in a particular location.

We shall not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of the Website or Services, even if we have been advised of the possibility of such damages.  In no event shall our liability for any damages (direct or otherwise) or penalties or loss, regardless of the form of action or claim, whether in contract, tort (including negligence), or otherwise of any type exceed the total of any membership fee, license fee or other similar fees paid by you to us for access to the content, item, product or service which is the subject of a claim.

Because some states/jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE OR SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOU SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITES AND/OR SERVICES.

Indemnification

You agree to defend, indemnify and hold harmless WorthPoint and WorthPoint’s affiliates, officers, directors, predecessors, successors in interest, shareholders, employees, and agents for all claims, losses, costs and liabilities, including, without limitation, reasonable attorneys’ fees, that arise from or are related to your use of the Website or Services or your violation of these Terms of Use.

Changes to the Terms of Use

We may amend the Terms of Use, at any time and in our sole discretion, by posting the amended terms on our Website.  Except as otherwise stated, all amended terms shall be automatically effective on the date they are posted.  Your use of the Website after the date the amendments are posted constitutes your agreement to any new or changed terms and conditions.

Other

To the fullest extent permitted by law, these Terms of Use and any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Website, will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms of Use, including but not limited to the Website or Services, shall be subject to the exclusive jurisdiction of state or federal courts located in Fulton County, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts.  If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and WorthPoint relating to your use of the Website and Services, superseding any other agreement between you and WorthPoint with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

Contact Us

For all issues or questions please use the following contact information:

By Mail: Worthpoint, Inc.
94 N. High Street, Suite 190
Dublin, OH 43017

By Email: support@worthpoint.com