I. GENERAL TERMS & CONDITIONS
(V1.0 - Effective January 5th, 2008)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE CAREFULLY.

The Marketing Brokerage, L.L.C. d/b/a Higher Power Marketing may be referred to as  “HPM”, “us” or “we”.
By i) using or accessing this Site, ii) registering with this Site, iii) or agreeing to these terms and conditions by electronic signature or otherwise clicking “I Agree”, you are deemed to have agreed to these terms and conditions. We reserve the right to modify them at any time. You should check these terms and conditions periodically for changes.


By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them. 
 


Scope of Terms and Conditions


These terms and conditions apply to your use of the entire website at www.hpowermarketing.com(the “Site”). These terms and conditions do not apply to your use of unaffiliated sites to which the Site only links.


Confidentiality and Limited Use


You acknowledge and agree that the following types of information are the confidential and propriety information and property of HPM and shall be hereafter referred to as “Confidential Information”:


i)    such information is designated or indicated in writing as proprietary or confidential on this Site;


ii)   it is any information regarding payment rates with respect to any advertising opportunities presented on the Site;


iii)  it is the information on this Site regarding HPM’s service providers, vendors and other parties it has business relationships with, including but not limited to the radio stations and other similarly media distribution entities that it uses or has used;


iv)  it is any information or material that by its nature a reasonable person would conclude such is likely to be confidential;   


v)   it is any information provided on the Site in areas that require a password for access.


You hereby agree to protect such Confidential Information as confidential and to use such information only for the purpose of doing business with HPM.  You agree not to distribute such Confidential Information to any third party without the written permission of HPM.


In the event that HPM discloses any portion of its Confidential Information to the public, such portion shall no longer be deemed Confidential Information, provided however that anything not publicly disclosed by HPM remains Confidential Information and you continue to have an obligation to protect and maintain as Confidential Information.
 


Restrictions on Use


The contents of this site are protected by copyright and trademark laws, and are the property of their owners. Unless we say otherwise, you may access the materials located within the Site only for your own use, limited to the purpose for which we have provided it to you, which is to conduct business with HPM. 
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Site, except to do business with HPM. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Site.
You must abide by all additional copyright notices or other restrictions contained in any of the Site.


You agree not to do any of the following while using the Site:


  1.  transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion);
  2.  transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
  3.  upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site.
  4.  impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason;
  5.  transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
  6.  violate any applicable local, state, federal or international law, rule or regulation.

Links


These terms and conditions apply only to this Site, and not to the sites of any other companies or organizations, including those to which this Site may link. We are not responsible for the availability of any other site to which this Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site administrator or webmaster.
Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by us for any other type of link to the Site. To seek our permission, you may send E - mail to legal@hpowermarketing.com. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link, and to require termination of any such link this Site, at our discretion at any time.


THE SERVICES, PRODUCTS AND MATERIALS ON OR FROM THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES TO THE MAXIMUM EXTENT OF THE LAW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT THAT ANY FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER WE NOR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, PRODUCTS OR MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT WE OR ANY OF OUR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO YOUR SYSTEM.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED, A LIMITED EXPLICT WARRANTY IS GIVEN BY US TO THE EXCLUSION OF ANY OTHER REMEDY TO REFUND OF THE MONIES PAID FOR THE PARTICULAR SERVICES, PRODUCTS AND MATERIALS.
We do not endorse, warrant or guarantee any products or services offered on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE SITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE SITE.
Parental Permission; Minimum Age 18 Requirement
The Site (as well as any product or service purchased, utilized or otherwise obtained from this Site) is not directed to persons under the age of 18 and we will not knowingly collect personally identifiable information from persons under 18. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSERS PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS.
We hereby require all users of the Site or purchasers of HPM’s products and services to be over 18. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site or using any of the products or services of HPM. If you are accessing the Site or using or purchasing any of the products or services of HPM, you represent that you are at least 18 years of age.
We reserve the right to charge fees, surcharges and/or membership fees for all or any of its services currently provided for free at any time upon thirty (30) days' prior written notice to you.
Copyright and Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HPM, Inc or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of HPM, Inc and protected by U.S. and international copyright laws. All software used on this site is the property of HPM, Inc or its software suppliers and protected by United States and international copyright laws.
 The name and logo Higher Power Marketing, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of HPM or its affiliates in the U.S. and/or other countries. HPM’s trademarks and trade dress may not be used in connection with any product or service that is not HPM's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits HPM. All other trademarks not owned by HPM or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HPM or its affiliates.   


Governing Law and Jurisdiction

Any dispute arising out of or related to these Terms and Conditions or any transaction between HPM and You shall be governed by the laws of the State of Arizona, without regard to its conflicts of law rules. You consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of Arizona, Maricopa County, to resolve any disputes between HPM and You, and You waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, You also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against HPM that is more than one year after the date of the event giving rise to such action.


Severability

If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Arizona law.


Waiver

The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.


Entire Agreement

These terms and conditions are the complete and exclusive agreement between HPM and You with regard to this Site, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between HPM and You relating to this Site. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.