Terms and Conditions

Thank you for visiting the Market Day website. The following terms apply to your use of our website and by using or accessing this website you signify your agreement to these terms. If you do not agree to these Terms of Use, please do not use this website. Market Day reserves the right to change these Terms of Use at any time, and your use of our website after such change signifies your acceptance of the changed terms.

content
You are permitted to access and make personal, non-commercial use of the materials posted on this website in connection with viewing and using marketday.com. No part of the materials available in the Market Day website may be copied, downloaded, stored in a retrieval system, further transmitted or otherwise reproduced, stored, disseminated, modified, transferred or used, in any form or by any means, except as permitted herein or with Market Day's prior written agreement.

Our website may contain links to sites which are not maintained by Market Day. Market Day has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to marketday.com.

Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Market Day or any third party, except as expressly granted herein.

Market Day may make improvements and/or changes in the products and/or programs described on marketday.com and has the right to refuse to honor any offers or promotions on this website that are outdated, terminated or subject to typographical errors. All programs are subject to change or termination at any time without notice.

e-mail and submissions
Any and all rights to materials and ideas submitted to us via e-mail or otherwise become the exclusive property of Market Day Corporation. Any such disclosures are provided on a non-confidential basis with no obligation on our part to keep such information secret. Market Day shall be free to use, for any purpose whatsoever, any such disclosure.

liability and disclaimers
By using this website, you agree to indemnify, hold harmless and defend Market Day from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from your advertisement or use of this website, including claims for lost data, work delays or lost profits resulting from use of materials or content from this website, unless such claims, damages, losses, liabilities, costs and expenses arise from and have directly and solely been caused by the gross negligence or intentional wrongful acts of Market Day.

MATERIALS AND INFORMATION AVAILABLE ON MARKET DAY'S WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH MARKET DAY FOODS, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED.

UNDER NO CIRCUMSTANCES, SHALL MARKET DAY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MARKET DAY'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 WEBSITE.

This disclaimer of liability applies to any damage or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

You specifically acknowledge that Market Day is not liable for defamatory, infringing or illegal materials or materials of third parties available through this website, and Market Day reserves the right to remove such materials from marketday.com without liability.

You are responsible for maintaining the confidentiality of your website account number and password, and for all activities that occur under your account. You agree to indemnify, hold harmless and defend Market Day from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly arising out of your breach of this Agreement or from your account.

privacy
Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

general
Market Day offers services and programs in many parts of the United States. The Market Day website may refer to certain services or programs which are not available worldwide or in certain areas, without specifically limiting the offers as such. Such reference does not imply that Market Day intends to offer such service or programs in all countries or locations. Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Market Day reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Market Day may have. If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Market Day. In the event of a conflict between such terms and these Terms of Use, such specific terms shall control.

copyright and trademark notices
The following copyright notice applies to third party data used on this website:

Nutritional Information provided by "The Food Processor SQL Nutrition Analysis Software from EHSA Research, Salem, Oregon." Market Day is not responsible for (and under no circumstances should not be liable for) the contents, accuracy, or reliability of any such information.

Other products and corporate names may be trademarks or registered trademarks of other companies and are used on this website for illustrative purposes only and for the owners benefit, without an intent to infringe. All brands and names are the property of their respective owners.

© 2008 Market Day Corporation. Market Day® and the Market Day logo are registered trademarks of Market Day Corporation. All rights reserved.