Terms and Conditions of Use - MarketFlare.com

The use of this website is governed by the policies, terms and conditions set forth below. Please read them carefully. By using this website you agree to be bound by these terms of use. Investment Strategy, Inc. DBA MarketFlare (MarketFlare) reserves the right to revise these terms of use at any time without notice and, by using this site subsequent to the revision of the terms of use, you agree to be bound by such changes. If you find the terms of use to be unacceptable, you must immediately terminate your use of this website.

No Representations or Warranties

The documents, graphics and images published at this website could include inaccuracies or typographical errors. In addition, MarketFlare reserves the right to modify the information contained in this website without notice. MarketFlare makes no commitment, however, to update the information contained in this website. TO THE EXTENT PERMITTED BY LAW, INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. This site may contain links to other websites that are completely independent of this website. MarketFlare makes no representation or warranty as to the accuracy, completeness, authenticity, ownership or legality of the information or opinions contained in any such linked website, and any link to another website shall not in any manner be construed as an endorsement by MarketFlare of that website, or of the products or services described therein. MarketFlare expressly disclaims any liability for such third party information or opinions under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or any other area of law. Users of this website should not rely upon opinions expressed at this Web site when making business, financial, personal or other decisions. Additionally, MarketFlare does not endorse the opinions of third parties expressed on linked websites.

Limitation of Damages

IN NO EVENT WILL MARKETFLARE, ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR USE OF ANY OTHER LINKED WEBSITE, EVEN IF MARKETFLARE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.

Ownership

All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this website are the property of Investment Strategy, Inc. DBA MarketFlare (MarketFlare). In addition, the names, images and other indicia identifying MarketFlare's products and services are MarketFlare's proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this website belong to their respective owners.

License

Except as expressly provided in this Section, nothing contained in this Web site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of MarketFlare's intellectual property rights, or under any third party's intellectual property rights, and no part of this website may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute materials retrieved from this Web site provided (a) such materials are used only for informational, non-commercial purposes, and (b) you do not remove or obscure the copyright notice or other notices. Any rights not expressly granted herein are reserved.

Additional Legal Matters

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, USA, as they apply to agreements made and solely performed therein. Disputes arising from these Terms of Use shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of California and jurisdiction for such disputes shall rest solely in California. These Terms of Use incorporate by reference any notices contained on this website and constitute the entire agreement with respect to your access to and use of this website. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without in any way invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.

Thank you for trying out MARKETFLARE DNA! By using MARKETFLARE DNA, including any third party software incorporated therein or made available in conjunction with MARKETFLARE DNA (collectively, "MARKETFLARE DNA"), you agree to be bound by the following terms and conditions (the "Terms and Conditions").

MarketFlare DNA Software Terms & Conditions of Use

Limited Use Only

MARKETFLARE DNA is a Paid Search reporting and analysis tool designed to interface with your Google Ads account. If you don't yet have a Google Ads account, visit http://ads.google.com and click 'start now.' Once you've created your Google Ads campaign(s), you can use MARKETFLARE DNA to retrieve your campaign information, access reporting, analyze, and visualize your reports.

You may use MARKETFLARE DNA only in connection with the legitimate account management and reporting of any Google Ads account(s) that you are authorized to manage. You represent and warrant that you are authorized to view and manage any Google Ads accounts you access in connection with these Terms and Conditions. You may not reverse-engineer, modify, copy, distribute, license, sell, reproduce or create derivative works of MARKETFLARE DNA. You may not design, create, or use any computer software program that accesses, interacts with, or uses code extracted from MARKETFLARE DNA.

The use of this software is governed by the policies, terms and conditions set forth below. Please read them carefully. By using this software you agree to be bound by these terms of use. Investment Strategy, Inc. DBA MarketFlare (MarketFlare) reserves the right to revise these terms of use at any time without notice and, by using this site subsequent to the revision of the terms of use, you agree to be bound by such changes.

Intellectual Property

You acknowledge that Investment Strategy, Inc DBA MarketFlare ("MarketFlare") or third parties own all rights, title and interest in and to MARKETFLARE DNA, portions thereof, or software provided through or in conjunction with MARKETFLARE DNA, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from MARKETFLARE DNA. You also agree to not remove, obscure, or alter Investment Strategy, Inc's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through MARKETFLARE DNA.

Disclaimer of Warranties

MarketFlare and any third party who makes its software available in conjunction with or through MARKETFLARE DNA disclaim any responsibility for any harm resulting from your use of MARKETFLARE DNA and/or any third party software accessed in conjunction with or through MARKETFLARE DNA, including without limitation any harm to your Google Ads account that may result from your use of MARKETFLARE DNA.

MARKETFLARE DNA AND ANY THIRD PARTY SOFTWARE INCORPORATED THEREIN OR MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MARKETFLARE AND SUCH THIRD PARTIES 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. MarketFlare AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF MARKETFLARE DNA AND SUCH THIRD PARTY SOFTWARE.

YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE MARKETFLARE DNA AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA 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 OR USE OF MARKETFLARE DNA AND SUCH THIRD PARTY SOFTWARE. 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 JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MARKETFLARE OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF MARKETFLARE DNA OR SUCH THIRD PARTY SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MARKETFLARE AND/OR A THIRD PARTY SOFTWARE PROVIDER 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 MARKETFLARE DNA AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA, FROM INABILITY TO USE MARKETFLARE DNA AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF MARKETFLARE DNA AND ALL THIRD PARTY SOFTWARE MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH MARKETFLARE DNA (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A 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.

Google Ads Terms and Conditions

MARKETFLARE DNA is designed to be used in conjunction with Google's Ads platform. Accordingly, it is important to remember that although your use of MARKETFLARE DNA will be governed by these Terms and Conditions, your use of the Google Ads platform (and any other Google product or service) will continue to be governed by the applicable agreement that you may have with Google, including, for example and without limitation, the terms and conditions you executed in connection with opening your Google Ads account and the terms and conditions related to use of the Google Ads API.

Acknowledgements

Google AdWords, Google Ads, and Google Analytics are registered trademarks and the Google logo are trademarks of Google, Inc.
Bing is a registered trademark and the Bing logo are trademarks of Microsoft Corporation.
All other trademarks and logos used in this application are the property of their respective owners.

EPPlus, Copyright 2009- ©Jan Källman. Parts of the Interface comes from ExcelPackage-project
Json.NET, Copyright © James Newton-King 2008
HTML Agility Pack, Copyright (c) 2003-2009 Simon Mourier All rights reserved.
Freshbooks API, Copyright (c) 2012 SmartVault, Inc.
Awesomium (c) 2011 Khrona LLC. All rights reserved. Awesomium is a trademark of Khrona LLC.
Copyright (c) 2008. The Chromium Authors. All rights reserved.
Copyright (c) 1995-2009 International Business Machines Corporation and others. All rights reserved.
This software is based in part on the work of the Independent JPEG Group.
This software is copyright (c) 1991-1998, Thomas G. Lane. All Rights Reserved except as specified.
Copyright (c) 2000-2002 Glenn Randers-Pehrson

Notwithstanding the foregoing, you acknowledge that certain components of the program may be covered by “open source” software licenses (“Open Source Components”), which means any software licenses approved as open source licenses by the Open Source Initiative or any substantially similar licenses, including without limitation any license that, as a condition of distribution of the software licensed under such license, requires that the distributor make the software available in source code format.

July 7, 2018, v. 1.2