Marcher Internet Marketing Terms of Service
Last updated July 29, 2019
These Terms of Service are a binding agreement entered into by and between Marcher Internet Marketing (hereinafter “Company”), and its clients (hereinafter “Client”), for an exchange of services, products, and other consideration. The Company’s service(s) are offered subject to Clients’ acceptance without modification of all of the terms contained herein and all other operating rules, policies and procedures that may be published from time to time on this website by the Company (collectively, the "Terms of Service").
Please read the Terms of Service carefully before submitting the Client Registration form, as provided by Company, and/or before using Company’s service(s). By submitting the Client Registration form and/or by using the Company’s services, Client shall agree to be bound by Terms of Service, and any subsequent agreement between Client and Company (hereinafter “Subsequent Agreement”). If Client does not agree to the Terms of Service, then Client may not use Company’s service(s). If these Terms of Service are considered an offer by Company, acceptance is expressly limited to such terms. Any or all of the Terms of Service may at any time be disregarded or modified at the sole discretion of Company.
Company may at any time, and at its sole discretion, change the Terms of Service and, without notifying its Clients. It is Client’s responsibility to periodically check the Terms of Service for any changes to the Terms of Service. Client’s continued use of Company’s service(s) after any change to these Terms of Service will constitute Client’s acceptance of such change.
Client authorizes Company to access, edit, use, and link Client’s accounts to any online accounts that Company deems reasonably necessary in order to perform service(s) on behalf of Client. If Client or Company terminate any Subsequent Agreement, Client shall bear the sole responsibility of removing Company’s accounts' and/or shared access from Client’s accounts forthwith. If Client does not remove Company’s accounts and/or shared access from Client’s online accounts within forty-eight (48) hours of the service(s) being terminated, Company retains the irrevocable right to access Client’s online accounts, with or without the consent of Client, and for the purpose of removing Company’s shared account and/or access to Client’s online accounts. Client shall remain solely responsible for any damages or consequences that may arise from Company’s removal of its shared accounts and/or access from Client’s online accounts.
Company reserves the right to access, edit, and use Client’s confidential information. Client shall submit by a written communication, and in a manner accepted by Company, regarding any confidential information that it cannot use or have access to beforehand (“Restricted Information”).
By providing content to Company, Client authorizes Company to reproduce, modify, adapt and publish such content. Client also authorizes Company to reproduce, modify, adapt and publish content that it produces for the Client during the service(s) term. Company reserves sole decision-making rights for the content it publishes on behalf Client. Company has the right (though not the obligation) to refuse or remove any content that violates any of Company’s policies or is in any determined by Company to be harmful or objectionable.
Company reserves the right to view, use, edit, modify, and share any data, impressions or digital occurrences that it collects itself or that Client shares with Company during the service(s) term. Company has the right to view, use, edit, modify, and share any data, impressions or digital occurrences with any third party that Company wishes.
Company may use website code templates and/or other forms of digital templates, including, but not limited to, (1) website code templates and/or other forms of digital templates that it has solely created; (2) that it has added to and/or modified from a third party; or, (3) that have solely been created by a third party. Company retains complete ownership of such website code templates and any other types of digital templates in which it has added to and/or modified from third parties, or that it has solely created. Company grants Client a limited revocable, exclusive license (“License”) to make use of the website code templates and/or other forms of digital templates that have been provided by the Company to Client. Such License may be used by Client exclusively throughout the United States.**
** After the service(s) term ends or the services are terminated by Company or Client, Client may continue to use the website code templates and/or other forms of digital templates for the sole benefit of the Client. Any subsequent maintenance or work performed by Company will be subject to a separate agreement between Company and Client. Client may not start a competing business in the area that Company provides services, and/or use the website code templates and/or other forms of digital templates discussed herein for the benefit of such business. Client may not sell, license or rent the website code templates and/or other forms of digital templates in which Company has solely created, added to, and/or modified from a third party. Clients may use third party templates, that were solely created by a third party and not altered, modified, or added to by Company, so long as Client adheres to the terms and conditions of the third party and shall agree to abide by laws regarding copyright ownership and use of intellectual property. Client shall remain solely responsible for any damages or consequences that may arise from Client’s continued use of such third party templates.
Company retains sole ownership over all website code templates and/or other forms of digital templates that it has created, added to, and/or modified from a third party template on behalf of Client (“Company Intellectual Property”). Company has the exclusive right to use (or not use) the Company Intellectual Property as it sees fit without further notice or approval by Client.
Client warrants to not provide materials or content that violates any laws or gives rise to a criminal or civil suit. Client warrants that it is authorized to enter into the Subsequent Agreement with Company on its own or on behalf of any entity that it may represent. Client warrants that payments will be made directly to Company, and pursuant to the invoice sent by Company.
Client warrants that the content and service(s) produced and provided by Company will be used in a lawful mannerClient warrants to indemnify and hold harmless, Company, its directors, officers, employees, and agents from any and all claims, demands, actions, cause of actions, suits, damages, liabilities, costs, and expenses of every nature, including attorneys’ fees, relating to or arising from the services, material, or content provided by Company.
Clients may not assign the Agreement with Company without the written consent of the Company, unless an assignment is required by law.
Company provides all of its services in good faith and strives to deliver quality service(s) to Client. Company and its affiliates, officers, directors, employees, consultants, agents, and representative hereby expressly disclaim any and all warranties, express or implied, regarding Company’s services, including, but not limited to, any implied warranties of merchantability, title, accuracy, fitness for a particular purpose, or non-infringement, and any warranties that may arise from course of dealing, course of performance, or usage of trade.
Company is not obligated to cure errors directly or indirectly related to the service(s) it provided to Client, but Company will use its best efforts to provide reasonable assistance as it deems necessary, and as directly related to the service(s) it provided to Client during the service term. If either the Company or Client terminates the services, Company has no obligation to cure, maintain, and/or modify any materials or content related to the service(s) provided by Company. Company does not guarantee any results or outcomes, positive or negative, from any of the service(s) it provides for Client.
To the maximum extent permitted by law, in no event shall Company or any of its affiliates, officers, directors, employees, consultants, agents, or representatives (“Company parties”) be liable for damages of any kind (including, but not limited to, direct, indirect, special, incidental, exemplary, punitive, or consequential damages, loss of business, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with these Terms of Service, the services provided by Company, or any other materials or content provided to Client by Company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort (including, without limitation, negligence and strict liability), or any other legal theory or form of action even if the Company parties have been advised of the possibility of such damages, arising out of or relating in any way to our provision of (or failure to provide) products and/or services, or from unauthorized access to or alteration of Client user content, even if a remedy set forth herein is found to have failed its essential purpose. Client specifically acknowledges that the Company parties are not liable for any defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with Client. furthermore, the Company parties will have no liability to Client or to any third party for any third-party content uploaded. Client’s sole and exclusive remedy for dissatisfaction with products is to obtain a refund, and Client’s sole and exclusive remedy for dissatisfaction with services is to stop using the services. To the fullest extent permissible by applicable law, the maximum liability of the Company parties arising out of or relating in any way to Company services or products shall be the actual price paid therefore by Client.
By accepting Company’s service(s), Client shall pay to Company all applicable fees and costs and agree to the Terms of Service. Applicable fees and costs shall be advanced by Client upon acceptance of the service(s). Such payment must be received in advance of Client’s use of Company’s services and may apply towards the monthly subscription period or as otherwise indicated by the Company. Client shall remit payment through Quickbooks online payment gateway as described in invoices sent by Company, or by check made payable directly to the Company. Payments are not refundable. Company reserves the right to change any and all payment terms and fees at its sole discretion, and at any time, without prior notification to Client.
Invoices not paid within seven (7) days of the due date will be considered past due and will accrue interest on the principal balance at the rate of twenty percent (20%) compounded annually from the invoice due date. Any invoices not paid within thirty (30) days from the due date may be turned over to a third-party collection agency, and may be subject to additional charges imposed by Company or a third party collection agency in order to collect the amount due to Company.
Company reserves the right to terminate its service(s) provided to Client at any time. Company shall provide written notice to Client no less than twenty-four (24) hours prior to terminating its service(s) with Client.
Client may terminate service(s) at any time by submitting written notice of termination to Company. Upon receipt of the termination notice (“Termination Date”), Company will provide an invoice for amounts owed to Company for services rendered as of the Termination Date. Pursuant to the terms provided herein, all invoices shall be paid in full within seven (7) days of the invoice issue date, unless will be considered past due and accrue interest as described in these Terms of Service.
If Client or Company terminate the services at any time, it is the Client’s sole responsibility to remove Company’s shared accounts and/or shared access to Client’s online accounts. If Client fails to remove Company’s shared accounts and/or shared access from Client’s online accounts within forty-eight (48) hours of service(s) being terminated, Company retains the irrevocable right to access Client’s online accounts, with or without the consent of Client, and for the purpose of removing Company’s shared accounts and/or shared access to Client’s online accounts. Client shall remain solely responsible for any damages or consequences that may arise from Company’s removal of its shared accounts and/or shared access from Client’s online accounts.
Company reserves the right to use and display content (hereinafter “Client Content”) that Company creates, modifies, or provides to its Client, including all existing and future trademarks, service marks, logos, designs, trade names, registrations and applications therefore, any and all copyrights and copyright licenses related to Client Content, including, but not limited to, any and all advertising and marketing materials related to Client Content displayed via social media platforms or a similar distribution channel.
Company further reserves the right to use and display Client Content not created by Company on its advertising channels, social media platforms, company website, printed materials, third party websites, third party distribution channels and/or any other promotional platforms.
*If Client does not wish for Company to use Client Content for the purposes described in this section, Client may opt out by sending Company the following message: "Please do not use my information for advertising" via our contact form here.
Search engines do not disclose its ranking algorithms and can alter its algorithms at any time. Company shall use best practices and strategies to try and sway search engine algorithms for Client, with the hope that search engines will rank Client's websites as the Client desires. Company cannot guarantee any search ranking position(s) or the amount of time that these search engine rankings may or may not be held. Additionally, search engines have been known to alter their algorithm(s) and counteract certain Search Engine Optimization (“SEO”) efforts. As a result, Company cannot directly control or guarantee any search engine ranking position(s) for any amount of time or if search engine ranking positions(s) will be achieved whatsoever. Company will work in complete transparency and will strive to provide excellent service(s) to Client.
All notices, requests, demands, and communications to Company are to be issued in a written form within seven (7) business days of such occurrence(s) to the following:
Marcher Internet Marketing
Attn: Mr. Blake Marcher
Any legal action(s) brought against Company pertaining to the services provided by Company and/or the Subsequent Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of law provisions. Company and Client hereby agree and submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in San Diego County, California, and waive any jurisdictional, venue, or inconvenience forum objection to such courts.
The Site is controlled and operated by Company from its offices in the State of California. Company makes no representation that any of the materials or the services to which Client have been given access are available or appropriate for use in other locations. Client’s use of or access to the services provided by Company should not be construed as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
Under California Civil Code Section 1789.3, users of the Company website and Company services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Client may also contact us in writing regarding any inquiries, questions about pricing, or complaints by mail at Marcher Internet Marketing, Attn: Mr. Blake Marcher, Address or by email at email@example.com.