User Agreement

Welcome to the Marketing Playbook® Web site (the “Web site”), a site owned and operated by Eagle Cross, Inc. d/b/a Venture Marketing, an Illinois corporation.

These Terms of Use, along with policies and guidelines located throughout the Web site identify what users of the Web site (“Users”) can expect from the Web site and what we expect from Users. By accessing any areas of the Web site, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Web site.

I. PRIVACY PLEDGE

The bottom line: Venture Marketing is committed to providing privacy for our web site visitors. We will not sell or otherwise provide your e-mail or mailing address or other contact information to any other party. Period. Venture Marketing promotes the tenets of permission-based marketing and privacy among our partners and employees. You should also know we are continuously evaluating our internal procedures and technology to ensure privacy at all levels in our organization.

A. Information Tracked

At times we will use your IP address to help diagnose problems with our server and to administer our web site. We also may track browser types to help us understand our visitors’ needs related to our web site design.

There is an optional section of our web site where input forms require your name, company, and e-mail address. If you opt-in to receiving e-mail communications from us, then we may send information to you on our products or services. At any time, you may let us know if you want to be removed from our list.

B. Cookies

Client-side cookies are used to verify the login status of customers using products or services linked directly with our website. Usage of a cookie is in no way linked to any personally identifiable information while on our site. If a user rejects the cookie, they may still use our site; however, the user may not be able to access all areas of our site.

C. Security and Privacy

Venture Marketing website uses security measures to protect against the loss, misuse, and alteration of the information under our control. We store the information in a database in a secure environment at our secure data center.

We will never share, sell, or rent individual personal information with anyone without your advance permission or unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your requesting information.

D. Links to other Web Sites

Venture Marketing is not responsible for the privacy practices or the content of any other web sites to which we link.

F. Notification of Privacy Policy Changes

Venture Marketing will notify its members and users via e-mail if we make any changes are made to our privacy policy. Any new policy will be posted on our site at least one week prior to it taking effect.

If you have any questions about this privacy statement or this web site, please contact us at: privacy [at] venturemarketing.com

II. ONLINE CONDUCT

User agrees to use the Web site only for lawful purposes. User is prohibited from posting on or transmitting through the Web site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Web site (collectively “Content”) provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Web site. may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Web site; or (iii) to protect the rights or property of and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, “Venture Marketing Providers”) and any other User.

Venture Marketing reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Venture Marketing, the Web site, the communities that make up the Web site, or any rights of or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Web site.

III. TRADEMARKS

All trademarks, registered trademarks, or service marks are owned by Venture Marketing, unless designated otherwise. No trademark may be used in connection with any product or service that is not Venture Marketing’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Venture Marketing.

“Venture Marketing,” “Marketing Playbook” and the dotted “VM” mark are registered United States Trademarks owned by Eagle Cross, Inc. d/b/a Venture Marketing, registration numbers 2,369,956; 3,092,236 and 2,529,802, respectively. “Traction for Your Sales Team” and “TREK” are trademarks of Venture Marketing.

IV. CONTENT

A. Proprietary Rights

User acknowledges the Web site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Venture Marketing owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

B. Distribution/Uploading Of Third-Party Content

Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Web site only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Venture Marketing Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Venture Marketing at corrections [at] venturemarketing.com. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted Venture Marketing Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on the Web site retains any and all rights which may exist in such Content.

C. Third-Party Content

Venture Marketing is a distributor and not a publisher of Content supplied by third parties and Users. Venture Marketing has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Venture Marketing or its affiliates or any of their officers, directors, employees, or agents. No Venture Marketing Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Web site represents the opinions and judgments of the respective third party providing such Content. Venture Marketing neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Web site by anyone other than Venture Marketing. Under no circumstances shall Venture Marketing, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Web site. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Web site.

D. Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Web site to either a foreign national or a foreign destination in violation of such laws.

V. AGE OF USERS

Venture Marketing does not intend the Web site to be used by minors under the age of 13. Furthermore, Venture Marketing does not market the Web site for use by minors under the age of 13. Venture Marketing relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Web site are appropriate for view or access by such Users.

VI. TERMINATION OF USAGE

Venture Marketing may suspend or terminate any User’s access to all or any part of the Web site including any account thereon, without notice, for any reason in Venture Marketing’s sole discretion, including without limitation Venture Marketing’s belief that such access would violate any applicable law or would be harmful to the interests of any Venture Marketing Provider or another User.

VII. PASSWORD SECURITY

Every User is responsible for (i) keeping such User’s Venture Marketing account password confidential and (ii) restricting access to such User’s computer. Each User agrees to accept full responsibility for all activities that occur within such User’s Venture Marketing account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEB SITE IS PROVIDED BY VENTURE MARKETING PROVIDERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH VENTURE MARKETING PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO VENTURE MARKETING PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE WEB SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEB SITE; OR (IV) THAT THE WEB SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF VENTURE MARKETING ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO VENTURE MARKETING PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY VENTURE MARKETING PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY VENTURE MARKETING PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEB SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VENTURE MARKETING’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEB SITE.

NO VENTURE MARKETING PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEB SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH VENTURE MARKETING PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION

This site is created and controlled by Venture Marketing in the State of Illinois. As such, the laws of the State of Illinois will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Illinois and of the United States of America located in the State of Illinois for any litigation arising out of or relating to use of or purchase made through the Web site (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Illinois Courts and agrees not to plead or claim in any Illinois Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Web site, any Content or any item purchased from the Web site shall be settled by confidential arbitration in Wheaton, Illinois administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Venture Marketing from seeking any injunctive relief in State or Federal courts located in the State of Illinois for protection of Venture Marketing’s or Venture Marketing licensor’s intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Venture Marketing regarding User’s relationship with Venture Marketing and supersedes any prior statements or representations. When using the Web site or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XII. MODIFICATION

Venture Marketing reserves the right to make changes to the Web site, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on 26 December 2006.