Terms & Conditions
- This offer is being made by Spear Marketing Group, Inc. ("Spear") to licensed Marketo or Spark by Marketo customers ("Marketo customers"). This offer is not available to any Marketo partner, marketing agency, marketing consultant, third party provider, or any company that is not presently a licensed Marketo customer.
- Spear Marketing Group shall be the sole arbiter of whether a company qualifies for this offer, and may turn down any individual or company for any reason of its choosing.
- By offering these templates, Spear Marketing Group is granting Marketo customers free of charge a non-exclusive, nontransferable license to use the templates upon the said terms and subject to the said conditions. The proprietary rights and copyright of the template designs remain with Spear.
- Loading, installation and use of the templates shall be conducted by you solely for the purposes of your own business. You are free to revise, edit, re-use, or clone the templates for said purposes.
- You will supervise and control use of the templates in accordance with these terms and conditions. The templates, in their original form or any revised or edited form, may not be shared or distributed to a third party in whole or in part without prior written agreement from Spear.
- Spear does not undertake to assist in loading or installing these templates into your Marketo instance. Although Spear warrants that the files have been tested and prepared with reasonable skill and care, Spear does not warrant that the templates shall be free from all known viruses or display issues in email clients and browsers, or that the files will work correctly in all circumstances.
- Spear will not undertake any maintenance or other support of the templates.
- Spear shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the templates, their use or otherwise, except to the extent to which it is unlawful to exclude such liability under the applicable law. Spear expressly excludes liability for any indirect, special, incidental or consequential loss or damage that may arise in respect of the templates, their use or in respect of equipment or property, and for loss of profit, business, revenue, goodwill or anticipated savings.
- These terms and conditions are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are hereby excluded to the fullest extent permitted by law.