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Terms of Use

The last update to our Terms of Use (“TOU”) was posted on September 18, 2013.

YOU MUST CAREFULLY READ AND AGREE TO THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use, along with our Privacy Policy, govern your use of www.mcast.com, including any associated sub-domains, and web-based and mobile applications we own and provide via the website (collectively, the “Website”). By accessing, browsing, or using the Website, you acknowledge that you have read, understand, and agree to be bound by these terms and the terms of the Privacy Policy. If you do not agree to these terms, or the terms of the Privacy Policy, you may not use, and you should immediately discontinue use of, the Website. MarketCast LLC (“MarketCast,” “us,” “we” or “our””), the owner of this Website, reserves the right, at any time, to modify, alter, or update these Terms of Use or the Privacy Policy, and your continued use of the Website following such modifications, alterations or updates shall be deemed your acceptance and agreement to be bound thereby. You agree to periodically review this TOU and the Privacy Policy.

The control and operation of this Website is maintained by MarketCast. Claims relating to, including the use of or inability to use, this Website and the materials contained herein are governed exclusively by the laws of the State of California, without resort to any conflict of law provision, and you consent to the exclusive jurisdiction and venue of the courts of the State of California and federal courts located in California for all disputes arising out of or relating to your use of the Website including in connection with disputes related to our Privacy Policy. If you do not agree, please do not use this Website. If you choose to access this Website from another location, you do so on your own initiative and, in all events, are responsible for compliance with all applicable laws.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Website. MarketCast reserves the right to investigate complaints or reported violations of our Terms of Use and Privacy Policy, and to take any action we deem appropriate, including but not limited to canceling your login rights, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your login information, profile, e-mail address, usage history, posted materials, IP address and traffic information, as allowed under our Privacy Policy.

The Careers section (http://mcast.applicantpro.com/jobs/) is operated for us by a third-party service provider. In order to utilize this feature of the Website, you will be required to agree to separate terms related thereto. Our agreement with the third party service provider that operates the Careers section on our behalf does not permit them to share any information you submit via our Website to anyone other than us. You can view this third party service provider’s privacy policy here.

THIS WEBSITE, INCLUDING ALL CONTENT DISPLAYED ON THE WEBSITE, IS PROVIDED BY MARKETCAST ON AN “AS IS”, “AS AVAILABLE” BASIS, AND MARKETCAST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE WEBSITE, YOUR ABILITY TO ACCESS OR USE THE WEBSITE OR ANY PORTION THEREOF, OR ANY CONTENT ON THE WEBSITE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE FULLEST EXTERNT PERMITTED UNDER APPLICABLE LAW, MARKETCAST DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSSES OR EXPENSES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION OR CLAIM, ARISING OUT OF OR RELATED TO YOUR RELIANCE ON, USE OF, OR INABILITY TO USE THE WEBSITE OR PART THEREOF INCLUDING THE CONTENT, ANY PARTICULAR SECTION OR FEATURE, OR ANY DOWNLOADABLE FEATURE OR APPLICATION. YOUR USE OF THE WEBSITE ANDALL PARTS THEREOF INCLUDING THE CONTENT IS AT YOUR SOLE RISK.

These Terms of Use include and incorporate our Privacy Policy, and any terms and conditions associated with any downloadable feature or application, or required to access any distinct section of the Website, including the Careers section, as well as any other posted guidelines within the Website, and shall constitute the entire and only agreement between you and MarketCast with respect to the Website and the subject matter contained herein, thereby superseding any other related agreements, representations, warranties and understandings. Those terms and conditions associate with any downloadable feature or application, or required to access any distinct section of the Website, including the Careers section, shall only apply to you should you elect to download the feature or application, or enter the applicable section.

In the event any portion of the Terms of Use are found to be unenforceable, the remainder of the Terms of Use shall remain in full force and effect. The rights of MarketCast under these Terms of Use shall survive the termination hereof.

Intellectual Property

Except for content accessed via the Careers section, or other client content accessible via this website or via web-based or mobile applications, the materials displayed on the Website, including all Website design, images, illustrations, photographs, video or audio clips, writings, text, information, graphics, interfaces and other data and materials, and the selection and arrangements thereof (collectively, our “Content”) that appear herein are copyrighted and owned, controlled or licensed by MarketCast.

All trademarks, service marks, trade dress, logos and trade names used and displayed on the Website are proprietary to MarketCast or other respective owners, and may not be used without the prior written permission of MarketCast or the respective owner as applicable.

The copying, redistribution, use or publication by you of any portion of the Website or Content is strictly prohibited. Your use of the Website does not grant you ownership rights of any kind in the Website or Content.

External Websites

In addition to the Careers section, the Website may include links to other websites that are owned and operated by third parties. Such links are provided solely as a convenience to you. MarketCast is not responsible for the availability of, or the content located on or through, any external website. By linking to these websites, we do not create or imply an affiliation with or sponsorship of such third party websites, including any content, information or goods available on or through such third party websites. Nor does the inclusion of external links constitute any endorsement, guarantee, warranty, or recommendation of such third party websites, including any content, information or goods available on or through such third party websites. MarketCast has no control over the legal policies or privacy practices of third party websites; as such, you access and use any such third party websites, including any content, information or goods available on or through such third party websites, at your own risk.

Additional Terms; Waiver

Sections and pages of, and downloadable features and applications available through, this Website may contain additional terms and conditions. All such additional terms are incorporated in and made part of these Terms of Use. Any cause of action by you with respect to the Website, including treatment or use of information you provide to the Website, as well as any content, information or goods available on or through the Website, must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Our failure to enforce any provision of our Terms of Use including the Privacy Policy or any additional terms found on the Website, shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Web-based or mobile applications to access Website content

During the registration process, when you initially download the web-based or mobile application icon to view the Website, you will select a user name and password. You are entirely responsible for maintaining the confidentiality and security of your user name and password. Furthermore, you are entirely responsible for any and all activities that occur under your user name. You agree to notify us via this email hr@mcast.com immediately if any unauthorized use of your user name or any other breach of security.