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By signing on to the Real Response web site ("the web site"), you signify your assent to these Terms of Use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time.
Restrictions On Use Of Materials:
No material from this web site or any web site owned, operated, licensed, or controlled by MTG Marketing may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of MTG Marketing's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited.
Postings:
If you post or upload material to or through the web site, none of such materials shall be subject to any obligation of confidence on the part of MTG Marketing shall not be liable for any use or disclosure of any such materials. Without limiting the foregoing, MTG Marketing shall exclusively own all now known or hereafter existing rights to such materials of every kind and nature throughout the universe and shall be entitled to unrestricted use of such materials for any purpose whatsoever, commercial or otherwise, without providing compensation therefore.
You shall not upload to, distribute through, or otherwise publish through the web site any content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.
By providing information to the web site or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.
You further agree to indemnify and hold harmless MTG Marketing, its owners, subsidiaries, affiliated companies and divisions, and its directors, officers employees, and agents from and against any and all claims, actions, proceedings, losses, profits, liabilities, judgments, penalties, liens, forfeitures, fines, damages (including liquidated, consequential, and punitive damages), costs, and expenses, including counsel fees and costs of settlement which shall arise or result from any breach of any of the provisions of these Terms of Use or which shall otherwise arise or result from your use of the web site.
Disclaimer:
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MTG MARKETING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MTG MARKETING DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MTG MARKETING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND MTG MARKETING) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Further, MTG Marketing explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from Real Response web site or from third parties not associated with MTG Marketing. MTG Marketing cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
MTG Marketing cannot ensure that you will be satisfied with any products or services that you access or purchase from a third-party site that links to or from the web site. MTG Marketing does not endorse any of the merchandise, nor has MTG Marketing taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. MTG Marketing does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party.
Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL MTG MARKETING BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, LOST DATA, PROFITS, SAVINGS, OR GOODWILL THAT RESULTS FROM YOUR USE OR INABILITY TO USE INFORMATION AND SOFTWARE AT THE WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MTG MARKETING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Other:
These terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms or the web site shall be filed only in the State or Federal courts for San Diego County, California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.