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Privacy and Terms

PTI Marketing Technologies® Privacy Policy (http://www.pti.com/privacy/)

Effective Date: 9/30/2016

PTI Marketing Technologies Inc. dba Marcom Central (“PTI”) respects your privacy and we are committed to protecting it. We recognize your need for appropriate protection and management of the Personal Information we learn about you while you visit the Website at www.pti.com and www.marcom.com (and any other sites owned by PTI that link to this policy) (the “Website ”) and our suite of PTI Marketing Technologies Application software (“PTI Software”). This privacy policy lets you know how we collect, store, use, and disclose that information. The information that we receive depends on what you do during your visit and use, and what service(s) you request. It also describes your choices regarding use, access and correction of your personal information.

User Consent

By submitting Personal Information through our Website or PTI Software, you expressly consent to the processing of your Personal Information in accordance with this Privacy Policy.

Collection and Use of Your Information

Customers and individuals who use the Website or PTI Software are hereafter collectively called “Users”. Content and information transmitted by Users to or through the Website or PTI Software and Users’ Personal Information are collectively called “Customer Information.”

The use of information collected through our service shall be limited to the purpose of providing the service for which the Client has engaged PTI.

Personal Information

When you register for the Website or the PTI Software, request services or information, place an order, submit feedback, participate in a forum or survey, or otherwise use the Website or PTI Software, we may ask you for and collect personal information such as your name, address, email address, telephone number, employee identification number, and other similar identifying information (“Personal Information”).

In general, we may use the Personal Information you submit to us to create your account on our network; identify you as a user in our system; administrate, operate, maintain and improve our Website and PTI Software; send you a welcome e-mail to verify the username and password provided when your account was created; send you administrative e-mail notifications, such as security or support and maintenance advisories; respond to your inquiries related to employment opportunities or other requests; to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; and to make telephone calls to you, from time to time, as a part of our support and maintenance services.
Information PTI receives from Users is subject to the security guidelines set forth below and in applicable Customer agreements.  Marcom may contact Users from time to time to support User activities on the Website or PTI Software.  If you do not want to receive such information from us, you may opt out by contacting us at the email address listed in the Feedback; Removal from Contact List section below, and request to be removed from the contact list.  As well, certain emails addressed to Users may allow opt-out of communications by clicking on the unsubscribe link provided in the email.

User Data Supplementation

We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you.  This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you.  If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

Examples of the types of personal information that may be obtained from public sources or purchased from third parties and combined with information we already have about you, may include:

  1. Address information about you from third party sources, such as the Postal Service, to verify your address so we can properly ship your order to you and to prevent fraud.
  2. Purchased marketing data about our customers from third parties that is combined with information we already have about you, to create more tailored advertising and products.
  3. Order History of Marketing items displayed in the portal or account order system information
  4. Information from about third party vendors for content creation print orders, including distribution, fulfillment and shipping information.

Marcom may use such information from time to time to support User activities on the Website or PTI Software, or for its marketing and sales efforts to Users and prospective customers.  The PTI sales team may contact you based on this information to gauge your company’s interest in PTI services and technologies, including the Website and PTI Software.  We will provide an individual opt-out choice before we share data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  If you do not want to receive marketing and sales information from us, you may opt out by contacting us at the email address listed in the Feedback; Removal from Contact List section below, and request to be removed from the contact list.  As well, certain emails addressed to Users and prospective customers promoting PTI solutions or services may allow opt-out of communications by clicking on the unsubscribe link provided in the email.

Access and Correction

Upon request, PTI will provide you with information about whether we hold any of your personal information. You may send requests to correct or update any of your Personal Information at the email address inquiries@marcom.com or mailing address set forth below,. We will respond to your request within a reasonable timeframe.

Data Retention

Please be aware, however, even if we update your Personal Information in our contact list, or we remove such information, it may still be stored in other databases (including those kept for archival purposes) and may still be used to compile aggregated or demographic information for supply to third parties in accordance with this privacy policy.

We will also retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Email Preferences

We do not send you information unless you request it or we reasonably believe that the information would benefit you or your business. If you do not want to receive further information from us, contact us at the email address listed in the Feedback; Removal from Contact List section below, and request to be removed from the contact list.

Non-Identifying Information

As is true of most websites and online services, we gather certain information automatically and store it in log files. This information includes your operating system type, browser type, IP address, domain name, and date/time stamp. We use this information to help us evaluate and improve our Website or PTI Software, analyze trends, track User’s movements around the Website, and for marketing and investment analysis. We may share this information with third parties in aggregate statistical form that includes no Personal Information.

Cookies and Tracking Technologies

PTI and its partners use cookies or similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. You can control the use of cookies at the individual browser level, but if you choose to disable cookies, it may limit your use of certain features or functions on our website or service.

How We Respond to Do Not Track Signals

Some web browsers may transmit “do not track” signals to the websites and other online services with which your web browser communicates. There is no standard that governs what, if anything, websites should do when they receive these signals. We currently do not take action in response to these signals. If and when a standard is established, we may revise our policy on responding to these signals.

Marketing and Analytics Companies

We partner with a third party to display advertising on our website or to manage our advertising on other sites. Our third party partner may use cookies or similar technologies in order to provide you advertising based upon your browsing activities and interests. If you wish to opt out of interest-based advertising click here [or if located in the European Union click here]. Please note you will continue to receive generic ads.

We may work with certain third party analytics companies that collect information anonymously and report website trends without identifying individual visitors. These services allow us to view a variety of reports about how visitors interact with the Website so we can improve the Website and understand how people find and navigate it. Currently, we work with Google Analytics. This is not intended to be a comprehensive list and we may stop working with this company and work with others without notice. You can learn more about how these companies collect, use and share information about you by visiting their websites.

Security

PTI uses commercially reasonable efforts to protect the Website and PTI Software and to prevent unauthorized access, use, and disclosure of Customer Information. Users have a password that must be used each time a User logs-in to the PTI Software or the Website. Users may change their password at any time. PTI strongly urges Users not to share their passwords with others, and not to use the same password(s) that you use on the Website and PTI Software with other online services. Also, PTI strongly recommends that each User log-out completely after User is finished using the PTI Software or Website. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and every system that allows online access is potentially vulnerable to outside attacks from unauthorized third parties. As a result, while PTI strives to protect Customer Information, PTI can’t and doesn’t guarantee or warrant the security of any Customer Information which User transmits to PTI, and User does so entirely at User’s own risk.

Linked Sites

Our Website and PTI Software may link to other web sites not controlled by PTI. We are not responsible for the privacy or security practices of any other web sites, and you acknowledge and agree that any visits to or use of such other web sites is entirely at your own risk. You should carefully review the privacy and security practices of the other web sites before you provide such web sites with any of your Customer Information.

Information Sharing

Except as otherwise stated in this policy, we do not generally share the Personal Information collected from our services with other entities. We may share your Customer Information with third party contractors or service providers to provide you with the services that we offer you through our Website and PTI Software. These third party contractors or service providers are required not to use your Personal Information other than to provide the products or services requested by us.

PTI may disclose Customer Information if it believes such disclosure is necessary to (a) comply with laws or to respond to lawful requests and legal process; or (b) protect or defend the rights, safety, or property of PTI, users of the Website or PTI Software, or any person including to enforce our agreements, policies, and terms of use; or (c) in an emergency to protect the personal safety of any person.

We may also share Customer Information in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction or proceeding involving sale, transfer, divestiture or disclosure of all or a portion of our business or assets to another company, in which case you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your personal information, and choices you may have regarding your personal information.

We may also share de-identified and aggregated data with others for their own uses.

Processor Policy

PTI collects information under the direction of its Clients, and has no direct relationship with the individuals whose personal data it processes. If you are a customer of one of our Clients and would no longer like to be contacted by one of our Clients that use our service, please contact the Client that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Clients.

An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct his query to the PTI’s Client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
We will retain personal data we process on behalf of our Clients for as long as needed to provide services to our Client. PTI will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.  Questions or requests regarding these data correction policies may be made to the email address inquiries@marcom.com or the mailing address set forth below.  We will respond to your request within a reasonable timeframe.

Changes to the Privacy Policy

This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Website. Any material changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our Website, PTI Software or related services. Please note that at all times you are responsible for updating your Personal Information to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Information that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Information, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us. Continued use of our Website, PTI Software, or related services, following notice of such changes shall indicate your consent to such changes.

EU-U.S. Privacy Shield

PTI (and its parent/subsidiary company(ies) PTI Technologies LTD and  MarcomCentral participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework.  PTI is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles.  To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]

PTI is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.  PTI complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.  For questions relating to personal data policies, or to opt-in or opt-out of specific communications from PTI, contact PTI at the email address inquiries@marcom.com or the mailing address set forth below.  We will respond to these requests in a reasonable timeframe.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, PTI is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.  In certain situations, PTI may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

U.S. – Swiss Safe Harbor Framework

PTI complies with the U.S. – Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use and retention of personal data from Switzerland. PTI has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view PTI’s certification, please visit  https://safeharbor.export.gov/swisslist.aspx.

Contact Us; Removal from Contact List

If you have a question or comment about the Website and/or PTI Software, or wish to update your contact information or be removed from our contact list, please contact us at http://inquiries@marcom.com or the mailing address set forth below.  We will respond to your request within a reasonable timeframe.

PTI Marketing Technologies, Inc.
Lomas Santa Fe Drive #300
Solana Beach, Ca 92075
Inquiries@marcom.com

PTI Marketing Technologies® Applications Terms of Use

Agreement between User and PTI Marketing Technologies®, Inc.

Welcome to PTI Marketing Technologies®, Inc. (“PTI”). PTI’s services are comprised of various web sites, application software, utility & download software, third party software, communication forums, sales tools and services provided or operated by PTI Marketing Technologies® Inc. or its business partners (“Partners”). These include, but are not limited to: MarcomCentral®, FusionPro® and other software products, whether currently available or future products or releases, along with the www.pti.com and www.marcom.com websites as well as other web sites we may add in the future (collectively the “PTI Applications”).

With respect to your access and use of the PTI Applications, PTI provides its services to you, subject to the following Terms of Use (“TOU”), which may be updated by PTI from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these terms and conditions.

In addition, when using particular PTI applications, web sites or services, you shall be subject to any posted guidelines or rules applicable to such sites or services which may be updated by PTI from time to time in its sole discretion. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, such guidelines and rules shall govern but solely with regard to such PTI applications, web sites or services.

These TOU govern your use of the PTI Applications. If you have entered into a written and pen-signed agreement regarding the subject matter hereof, that agreement will supersede these TOU to the extent of any conflict.

You agree to be bound by these TOU, and indicate such agreement by accessing and using the PTI Applications and services. If you do not agree to these TOU, do not access and use the PTI Applications and services and resources enabled via the PTI Applications (“Services”). If you are using the PTI Applications and Services on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of such company, entity, or organization with the authority to bind it to these TOU.

  1. Permitted Use. Subject to these TOU, PTI hereby grants you the right to access and use the PTI Applications you have ordered and paid for or have otherwise been provided with access to by PTI. Unless otherwise specified herein, or agreed-upon by PTI in writing, your right to use and access the PTI Applications is limited solely to your personal, non-commercial use. You acknowledge and agree that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the PTI Applications are owned by PTI or PTI’s licensors. The provision of the PTI Applications to you does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. PTI and its licensors retain all rights with respect to the PTI Applications except the limited license expressly granted to you in these TOU. You agree not to duplicate, publish, modify, or otherwise distribute the material on the PTI Applications unless specifically authorized in writing by PTI to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the PTI Applications. Such framing is strictly prohibited under these TOU. The content and software on the PTI Applications are the proprietary property of PTI and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. PTI®, PTI Marketing Technologies®, MarcomCentral®, FusionPro® and FusionPro Expression® are trademarks of PTI Marketing Technologies® The names of actual companies and products listed on the PTI Applications may be the trademarks of their respective owners.
  2. Open Source Software. Certain software code incorporated into or distributed with certain PTI Applications may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, and the Apache License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these TOU, the Open Source Software is not licensed under the terms and conditions of these TOU and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.
  3. Links to Third Party Sites. The PTI Applications may contain links or produce search results that reference links to third party web sites (“Linked Sites”). PTI has no control over these Linked Sites or the content within them. PTI cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. PTI does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. In addition, the PTI Applications contain functionality which enables you to directly link to Linked Sites. By using the PTI Applications to search for or link to another site, whether directly or indirectly, you agree and understand that any and all such use is entirely at your own risk, and that you may not make any claim against PTI for any damages or losses whatsoever resulting from such use. When you visit a Linked Site, the applicable third party’s terms and policies apply. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Linked Site. However, if you experience a problem with a Linked Site contained within the PTI Applications, please contact us and we will investigate the link and take appropriate action in our sole discretion.
  4. No Unlawful or Prohibited Use. As a condition of your use of the PTI Applications, you warrant to PTI that you will not use the PTI Applications for any purpose that is unlawful, harmful to any person, or prohibited by these TOU. You agree not to use the PTI Applications in any manner which could damage, disable, overburden, or impair the PTI Applications or interfere with any other party’s use of the PTI Applications. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the PTI Applications.
  5. Use of PTI Applications. If you submit any information or content to or through the PTI Applications (“Content”), including any participation in any chat rooms, bulletin boards, or other forum (collectively “Community Services”) within the PTI Applications, you represent and warrant that all such Content, including without limitation discussion posts, chat posts, web links, advertisements, articles, white papers, and reviews:

(a) shall not be false, inaccurate or misleading;

(b) shall not be fraudulent;

(c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

(d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, privacy, or false advertising);

(e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

(f) shall not be obscene or contain child or other pornography;

(g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and

(h) shall not create liability for PTIs, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners.

PTI has no obligation to monitor the Community Services. However, PTI reserves the right to review materials posted to a Community Service and to remove any materials in its sole discretion. PTI reserves the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. PTI does not control or endorse the content, messages, or information found in any Community Service, and, therefore, PTI expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other users of the PTI Applications (including the Community Services) and the Linked Sites. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

  1. Privacy and Disclosure of Information. We believe that your privacy and the privacy of all our users are important. Please review our Privacy Policy which can be found at http://www.pti.com/privacy/#privacy. If you post any Content to the PTI Applications, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. By posting any content on the PTI Applications, you authorize us to use and allow others to use, distribute, and reproduce the Content.
  2. License to Submitted Content. You hereby grant, and you represent and warrant that you have the right to grant, to PTI an irrevocable, nonexclusive, perpetual, royalty-free and fully paid, worldwide license to reproduce, license, distribute, adapt, publicly display and perform, modify, prepare derivative works of, incorporate into other works, and otherwise use your any and all information and content that you provide to the PTI Applications (“Your Content”), and to grant sublicenses of the foregoing. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding the foregoing, the ownership and rights of the respective parties regarding any content provided by you to PTI that is defined as “Customer Content” in any applicable sales agreement that may be executed between you and PTI shall be in accordance with the terms of such sales agreement. If you provide PTI any feedback or suggestions regarding the PTI Applications (“Feedback”), you hereby assign to PTI all rights in the Feedback and agree that PTI shall have the right to use such Feedback and related information in any manner it deems appropriate. PTI will treat any Feedback you provide to PTI as non-confidential and non-proprietary. You agree that you will not submit to PTI any information or ideas that you consider to be confidential or proprietary.
  3. Warranty Disclaimer. PTI does not promise that the PTI Applications will be error-free, accurate, uninterrupted, nor that the PTI Applications will provide specific results from your use of any content, search or link on them. The PTI Applications and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis. PTI does not warrant or represent that files you download or use from the PTI Applications will be free of viruses or other harmful features. PTI DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
  4. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL PTI, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PTI APPLICATIONS OR RELATED SERVICES. IN NO EVENT SHALL PTI’S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF PTI’S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE PTI APPLICATIONS OR RELATED SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO PTI FOR ACCESSING THIS SITE OVER THE PAST TWELVE MONTHS; OR (B) FIFTY U.S. DOLLARS ($50.00).

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE PTI APPLICATIONS TO ANY OTHER SERVER OR LOCATION FOR FURTHER USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSSLY PROHIBITED, UNLESS SUCH USE, REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE APPLICABLE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

PTI MAY MAKE AVAILABLE, AS PART OF THE PTI APPLICATIONS, CERTAIN TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. PTI DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR OTHER ASSURANCES OF ANY NATURE WHATSOEVER REGARDING SUCH TOOLS AND UTILITIES, INCLUDING, WITHOUT LIMITATION, REGARDING THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM ANY USE THEREOF.

  1. Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into these TOU; (b) you are at least eighteen (18) years of age; and, (c) you will only use the PTI Applications in accordance with these TOU.
  2. You agree to indemnify and hold PTI and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney’s fees, arising from or related to your breach of these TOU, or the documents it incorporates by reference, or your violation of any law or the rights of any third party.
  3. Designated Agent for Alleged Copyright Infringement. PTI respects the intellectual property of others, and we ask you to do the same. In connection with the PTI Applications, we have adopted and implemented a policy that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online services who are repeat infringers of intellectual property rights, including copyrights. If you believe some content on the PTI Applications has been copied in such a way to constitute copyright infringement, please contact our Designated Agent below with the following information:
  4. your physical or electronic signature;
  5. identification of the copyrighted work(s) that you claim to have been infringed;
  6. identification of the material on our services that you claim is infringing and that you request us to remove;
  7. sufficient information to permit us to locate such material;
  8. your address, telephone number, and e-mail address;
  9. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  10. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

CFO, MarcomCentral
PTI Marketing Technologies, Inc.
201 Lomas Santa Fe Drive, Suite 300
Solana Beach, CA 92075
e-mail: Inquiries@marcom.com
phone: 858.847.6613
fax: 858.793.4113

  1. Term and Termination. Subject to this Section, these TOU will remain in full force and effect while you use the PTI Applications. We may (a) suspend your rights to use the PTI Applications or (b) terminate these TOU, at any time for any reason at our sole discretion, including for any use of the PTI Applications in violation of these TOU. Upon termination of these TOU, your right to access and use the PTI Applications will terminate immediately. You understand that any termination may involve deletion of your Content associated therewith from our live databases. PTI will not have any liability whatsoever to you for any termination of these TOU, including for deletion of your Content. The provisions of these TOU that by their nature should survive expiration or termination shall survive (including limitations of liability and indemnification).

General. Your relationship to PTI is that of an independent contractor, and neither party is an agent or partner of the other. These TOU shall be governed in all respects by the laws of the State of California without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County of San Diego and further agree that any cause of action arising under these TOU shall be brought in such venue. Notwithstanding the foregoing, PTI may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under these TOU. If any provision of these TOU is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. PTIs’ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These TOU and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form. These TOU, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these TOU shall be binding upon assignees.

HIPAA Compliance Statement

PTI Marketing Technologies® (PTI) does not anticipate storing and/or processing EPHI (Electronic Personal Health Information) or PII (Personally Identifiable Information) on their systems.

PTI is fully aware of the requirements under the Health Insurance Portability and Accountability Act (45 CFR Parts 160, 162, and 164) of February 2006 for privacy and security and has undertaken necessary steps to maintain compliance.

Policies, procedures and controls are in pace to ensure that PTI products and services are compliant in the role of business associate.

Questions or inquiries from Users or Customers regarding the treatment of their information may be made to the email address inquiries@marcom.com or the mailing address set forth below.  We will respond to your request within a reasonable timeframe.

PTI Marketing Technologies, Inc.
Lomas Santa Fe Drive #300
Solana Beach, Ca 92075
Inquiries@marcom.com