Mark J. Colbert Enterprises

Mark J. Colbert Enterprises web site located on MarkColbert.Com is subject to the terms and conditions set forth below. Any use of Mark J Colbert Enterprises web site constitutes the user's agreement to abide by these Terms and Conditions. We may amend these Terms and Conditions at any time by posting the amended terms on this site.

Electronic Communications
When you visit MarkColbert.com or send emails to us, you are communicating with us electronically. You therefore consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically and/or you provide to us, satisfy any legal requirement that such communications be in writing.

Copyright
All content provided on Mark J. Colbert Enterprises web site is owned by or licensed to Mark J. Colbert Enterprises and protected by United States and international copyright laws. Mark J. Colbert Enterprises retains all propriety rights to the content. Mark J. Colbert Enterprises content may not be reproduced, transmitted, displayed or distributed without the prior written consent from Mark J. Colbert Enterprises. All Rights Reserved.

Trademarks
All trademarks, service marks, trade names, logos and graphics indicated on this site are either registered trademarks of Mark J. Colbert Enterprises or their perspective owners. You may not make any use of any marks without prior written consent from Mark J. Colbert Enterprises or their perspective owners.

License and Site Access
Mark J. Colbert Enterprises grants limited license to access and make personal non-commercial use of this site. Our site and any portion thereof may not be reproduced, duplicated, displayed, copied, downloaded, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of Mark J. Colbert Enterprises.

You may not use any meta tags or any other hidden text utilizing Mark J. Colbert Enterprises name or Marks without the express written consent of obtained from us.

Disclaimer of Warranties and Limitation of Liability
Mark J. Colbert Enterprises web site is provided on an as is and "as available" basis. We makes no representations or warranties of any kind, express or implied, as to the operation of this site, or the information, content or materials included on this site. You expressly agree that your use of this site is at your sole risk to the fullest extent permitted by applicable law. Mark J. Colbert Enterprises disclaims all warranties, express and implied. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages.

Under no circumstances, will Mark J. Colbert Enterprises be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of, or in connection with, this policy. You will not hold Mark. J. Colbert responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with this policy.

General Terms
If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions and all intellectual property issues and your rights and obligations shall be governed by the laws of the United States of America and the State of California. Any dispute arising under this Agreement shall be resolved in the state or federal courts in California. Each party hereto waives any objection to venue and hereby submits to the personal jurisdiction of such courts.

Advertisements
Certain businesses and individuals will be able to advertise their products and services on Mark J. Colbert Enterprises web site. We do not endorse or provide warranties for any service or product that is being sold by a third party. You, as the buyer, are responsible for any third party purchase. The buyer is responsible for all contact with the third party. You will hold Mark J. Colbert Enterprises harmless for any litigation or ill effects from any third party purchase that is not sold by us. Mark J. Colbert Enterprises is not involved in any actual transactions between Sellers and Buyers and is neither the agent of nor has any authority to bind either of them for any purpose. We will not be involved in resolving any disputes between participants related to or arising out of any transaction. If a dispute arises between one or more participants, each of you releases Mark J. Colbert Enterprises, and its agents and employees, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Mark Colbert Enterprises respects the intellectual property rights of others. We cannot possibly monitor all advertising content on our website and have no responsibility to do so. If you believe that another user has posted your intellectual property (i.e. copyright and/or trademark) on MarkColbert.Com, please contact us to report this infringement(s) by emailing mark@markcolbert.com. When contacting us, please provide the following information:

A full description of the copyrighted work and / or trademark that you claim has been infringed; The URL where the claimed infringed material is located on MarkColbert.Com; Your name, address, telephone number, and e-mail address; A statement by you which indicates that in good-faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized agent to act on the owner's behalf.

In the event you are able to demonstrate ownership of copyrighted content and / or trademark infringement(s) which you did not authorize to publish, MarkColbert.Com will remove the infringed material(s) from its site or, if authorized, modify the material to indicate its proper owner including a link to the original owner's website.

All advertisements must be paid in full before any ads are posted on MarkColbert.Com. We make no guarantees that your advertisement will generate any income. We reserve the right to edit and / or resize all advertisements. Advertising is sold on a first come / first serve basis. No refunds.

Links
We allow links to this web site that leads to other web sites that are not under control of Mark J. Colbert Enterprises. When you click on any of these links, you will leave our web site. We have no control over and will accept no responsibility or liability in respect to material on any web site which is not under the control of Mark J. Colbert Enterprises.

We reserve the right to refuse links and / or advertisements with companies and/or individuals whose web site or content allow, but not limited to (a) unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, inciting violence or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so;(c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication, or engage in spamming or flooding (e) does not provide a reciprocal link to Mark J. Colbert Enterprises web site (f) a click on your link will cause damage to a user's computer, download a software application(s), change a user's settings, or create a series of multiple, sequential stand-alone advertisements (including by pop-up window or pop-under window(g) or any other reason deemed by Mark J. Colbert Enterprises. Mark J. Colbert Enterprises reserves the right to edit any description of services.

Billing Phases/Working
Concept revisions, extensive alterations, or a switch in legal objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Planning the work, cost estimating, and billing in several phases permits Mark J. Colbert Enterprises or Client to adjust for such revisions/or halt work before completion if a project is postponed or canceled. Any canceled project is billed only through phases and/or portions of phase that were actually completed by us. For each project, Client will receive a proposal/estimate outlining the project specifications and our proposed scope of service and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and separate itemized costs for anticipated out-of pocket expenses.

Estimates
All estimates are valid for 14 days from date of estimate. Client requested changes will be billed additionally. The client will be notified of any price changes. Estimates are based on a reasonable time schedule, and may be revised to take into consideration your "Priority Scheduling" request.

Out-of-Pocket Expenses
Fees for professional services do not include out of pocket expenses. Expenses are subject to sales tax unless 1) you are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to Mark J. Colbert Enterprises. If consultant or supervisory services are required in out-of town-locations, we will bill lodgings, meals, and transportation. Reimbursement for mileage is calculated at current allowable rates.

Revisions and Alterations
New work requested by Client and performed by Mark J. Colbert Enterprises after a proposal/estimate has been approved is considered a revision or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a proposal revision to you. A revised additional fee must be agreed upon by both parties before further work proceeds. Other alterations and copy changes after project is completed are billed at standard rates.

Copy
Client agrees to exercise due diligence in its direction to Mark J. Colbert Enterprises regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for all trademarks, service marks, copyright and patent infringement clearances. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare.

Lien
All materials or property belonging to the Client, as well as work performed, may be retained as security until all just claims against the Client are satisfied.

Rights of Ownership
Once a project has been fully paid for by the Client, Mark J. Colbert Enterprises will assign the reproduction rights to the user described in the proposal.

Termination
The term of this agreement will continue for work in progress until terminated by either party. If you should direct Mark J. Colbert Enterprises at any time to cancel, terminate or "put on hold" any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result.

Upon termination of this agreement, Mark J. Colbert Enterprises will transfer to Client all property and materials in our control and for which you have paid. Client will indemnify and hold us harmless for any loss or expense (including attorney's fees), and agree to defend Mark J. Colbert Enterprises in any actual law suit, claim or action arising in any way from our working relationship. This includes, but is not limited to allegations made against Mark J. Colbert Enterprises and any of its products and services arising from the publication of materials that we prepare and you approved before publication.

Schedules and Timelines
Schedules and timelines will be established and adhered to by both the Client and Mark J. Colbert Enterprises, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the Client or Mark J. Colbert Enterprises. Where schedules and timelines are not adhered to by the Client, final delivery date or dates will be adjusted accordingly.

Advertising and Promotion
Mark J. Colbert Enterprises reserves the right to use customer names / videos / documents in portfolios, advertisements, promotion campaigns for the sole purpose of promoting Mark J. Colbert Enterprises services to gain potential customers.

Additional Provisions
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of California. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney's fees, court costs, and interest at the maximum rate permitted by law.