These Terms and Conditions govern Your use of MARKETSERV.COM, a service of Iris Publications LLC, (hereinafter referred to as the “Site”). Please read these Terms and Conditions, as they are a contract between MarketServ™ and You.

By accessing and using the Site, You are subject to these Terms and Conditions, which may be updated from time to time without notice to You.  You are advised to check for updates periodically.  Your use of the Site reflects your agreement to be bound by these Terms and Conditions.

Any information that MarketServ™ provides on the Site, including all content or information contained within it, any Site-related service, or service or product of any third party, are provided “as is” with no representations or warranties of any kind by MarketServ™, either expressed or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

You assume total responsibility and risk for Your use of the Site, Site-related services, and any service or product You receive as a result of Your use of the Site.

MarketServ™, its affiliates, partners and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplarily, punitive or other damages arising out of or relating in any way to the Site, Site-related services, and/or content or information contained within the Site.

Your sole remedy for dissatisfaction with the Site and/or Site-related services is to stop using the Site and/or those services.  MarketServ™ makes no warranties that the Site will meet Your requirements or will be uninterrupted, timely, secure or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.  MarketServ™ will not be responsible or liable to You for any loss of content or material or information uploaded or transmitted through the Site.

Some jurisdictions do not allow the exclusion of implied warranties, so some or all of the above exclusions may not apply to You.  If the limitations set forth in these Terms and Conditions are inapplicable or unenforceable for any reason, then MarketServ™ maximum liability to You for any type of damages, regardless of the cause of action (be it in contract, tort, breach of warranty, equity or otherwise) shall be limited to $1.00USD.

MarketServ™ and the Site shall not be deemed to be in breach of this agreement due to any delay or failure of performance in availability of the service resulting directly or indirectly from any act of nature or any cause beyond the reasonable control of MarketServ™ and/or the Site.

These Terms and Conditions will remain in full force and effect while you are a user of the Site at any level in existence now or in the future.  MarketServ™ reserves the right, in its sole discretion, to pursue all of its legal remedies, including but not limited to termination of Your registration with or ability to access the Site and/or any other services provided to You by MarketServ™ even after You are no longer a User of the Site, certain provisions of these Terms and Conditions will survive.

If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and that the other provisions of this agreement remain in full force and effect.

The Terms and Conditions and the relationship between You and MarketServ™ and the Site shall be governed by the laws of the State of Florida without regard to its conflicts of law provisions.  You and MarketServ™ and the Site agree to submit to the personal and exclusive jurisdiction of the Courts of the Fifteenth Judicial Circuit of Florida in and for Palm Beach County or the U.S. District Court for the Southern District of Florida.   You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of related to the use of the Site or Terms and Conditions must be filed within one (1) year after such or cause of action arose or be forever barred.  These Terms and Conditions as well as the Privacy Policy, which is incorporated by reference, constitute the entire agreement between You and MarketServ™ for the use of its Site.

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