This Agreement sets forth Your rights and obligations as a User of any Strategic Marketer owned products or services.
A. “Strategic Marketer” means Strategic Marketer, the owner of Strategic Marketer and other trademarks. In this Agreement, references to “Strategic Marketer” as a Party mean and refer to Strategic Marketer, and Strategic Marketer’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
B. “Parties” mean Strategic Marketer and You. Strategic Marketer and You are each a “Party.”
C. “Terms” mean and refer to the Terms and Conditions set forth herein.
D. “User” refers to a person who has created an Account with a Strategic Marketer owned product. “User Account” refers to a User’s software Account.
E. “You” and “Your” means the Strategic Marketer User who has executed this Agreement by clicking “I Agree.”
II. Becoming a Strategic Marketer User
By clicking “I Agree” to these Terms, transferring payment to Strategic Marketer, and creating a User Account, You become a Strategic Marketer User. There are various products and services available to Users, and monthly prices applicable to such products and services. Strategic Marketer’s products, services, and prices are posted http://members.localmarketinggenius.com and are subject to change without notice. Price changes are effective on the first day of the month after the price change. By clicking “I Agree” and providing Strategic Marketer Your credit card information You authorize Strategic Marketer to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of Strategic Marketer services, and unless You terminate this agreement as provided herein, You agree that Strategic Marketer may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Term and Termination
Your User contract with Strategic Marketer begins when You click “I Agree,” and will continue month-to-month until either:
A. Strategic Marketer cancels Your account due to Your breach of any of the Terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments You have made to Strategic Marketer.
B. You provide Strategic Marketer ten (10) days’ e-mail notice, as provided herein, of Your cancellation of Your account. If You provide such notice less than ten (10) days before Your renewal date, Your credit card may still be charged. You will not be entitled to pro-rate Your last month’s use, nor will You be entitled to any refund for any payments to Strategic Marketer.
C. Your credit card or Strategic Marketer’s charge is denied for any reason and You do not provide Strategic Marketer a new credit card within ten (10) days.
IV. REFUNDS FOR “HARD GOODS”
If You have purchased a “hard good” (for example, a book, t-shirt, or other tangible product) from Strategic Marketer sold under any of its brands or related brands, including without limitation Strategic Marketer or Local Marketing Genius, you may receive a limited refund if you comply with the following conditions:
2. Your request for a refund must be made within thirty (30) days of your purchase;
3. You must return the hard goods to Strategic Marketer immediately, according to the shipping and other instructions you will receive by email after requesting a refund;
4. The hard goods must be returned to Strategic Marketer in like-new, or re-sellable condition, as determined in Strategic Marketer’s sole, reasonable discretion.
V. No License to use Strategic Marketer Marks
Any content on any Strategic Marketer website may constitute the intellectual property of Strategic Marketer. Except where expressly authorized, no material on any Strategic Marketer website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. All software brands or related brands including STRATEGIC MARKETER, REAL STRATEGIC, and LOCAL GENIUS’ trademarks and logos are proprietary marks of Strategic Marketer, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Strategic Marketer or any of Strategic Marketer’s affiliates.
You agree to protect, defend, indemnify and hold harmless Strategic Marketer, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against Strategic Marketer for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
Strategic Marketer does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that Strategic Marketer will not at any time provide sales leads or referrals to You. Additionally, STRATEGIC MARKETER’S WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. STRATEGIC MARKETER MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY STRATEGIC MARKETER WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. STRATEGIC MARKETER MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY STRATEGIC MARKETER WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY STRATEGIC MARKETER WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY STRATEGIC MARKETER’S WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY STRATEGIC MARKETER’S WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The Strategic Marketer websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any Strategic Marketer website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL STRATEGIC MARKETER’S LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO STRATEGIC MARKETER FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST STRATEGIC MARKETER OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.
IX. Force Majeure.
Strategic Marketer will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Strategic Marketer. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Strategic Marketer shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
X. Assignment of Rights.
Strategic Marketer may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without Strategic Marketer’s or its assigns express written consent.
XI. Information; Registration; User Names and Passwords
As a User of Strategic Marketer’s products, You will be required to create an account with Strategic Marketer. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your Strategic Marketer User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Strategic Marketer under Your User Account. You agree to immediately notify Strategic Marketer of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that Strategic Marketer is not liable, and You will hold Strategic Marketer harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant Strategic Marketer permission to use any and all photographs taken by Strategic Marketer or its agents or employees, or submitted by You to Strategic Marketer (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Strategic Marketer or any product or service sold and marketed by Strategic Marketer. You agree that this authorization to use Photographs may be assigned by Strategic Marketer to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Strategic Marketer’s sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Strategic Marketer in exchange for this Release and Assignment. You hereby release and forever discharge Strategic Marketer from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
Strategic Marketer has the right to terminate this Agreement at any time if you engage or have ever engaged in any of the following:
A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Strategic Marketer and/or any of its brand’s reputation; and the violation of the rights of Strategic Marketer or any third party.
B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for UCE/spam. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to Strategic Marketer product’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; promoting the sale or use of illegal drugs, or that violates the intellectual property rights of another.
XIV. Message Sending Policy and Best Practices.
Strategic Marketer requires You to follow these best practices when sending electronic communications using our services:
- Use only permission-based marketing electronic communications lists (i.e., lists in which each recipient affirmatively opted-in to receiving those electronic communications).
- Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from Your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
- Comply with all requests from recipients to be removed from Your mailing list within the earlier of 10 days of receipt of the request, or the deadline under applicable law.
- Include in each electronic communication Your valid physical mailing address or a link to that information.
- Do not send electronic communications to addresses obtained from purchased or rented lists.
- Do not use third party electronic addresses, domain names, or mail servers without proper permission from the third party.
- Do not routinely send electronic communications to non-specific addresses (e.g., email@example.com or firstname.lastname@example.org).
- Do not send electronic communications that result in an unacceptable number of spam or similar complaints (even if the electronic communications themselves are not actually spam).
- Do not disguise the origin, or subject matter of, any electronic communications or falsify or manipulate the originating message address, subject line, header, or transmission path information for any electronic communication.
- Do not send offers to obtain or attempt to obtain personal information, or generate leads, for third parties.
- Do not send “chain letters,” “pyramid schemes,” or other types of electronic messages that encourage the recipient to forward the content to strangers.
- Do not send to lists of addresses that are programmatically generated or scraped from the Web.
- Do not employ sending practices, or have overall message delivery rates, which negative impact our services or other users of our services.
- Do not use our services to send messages that may be considered junk mail. Some examples of this type of messages include messaging related to: penny stocks, gambling, multi-level marketing, direct to consumer pharmaceutical sales, payday loans, etc.
COMPLIANCE WITH LAW. Your use of our services must comply with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you, us, and any recipient to whom you use our services to send Digital Messages (“Applicable Law”). You have the responsibility to be aware of and understand all Applicable Laws and ensure that you and all Users of your Account comply at all times with Applicable Law. Some examples of Applicable Laws include: the U.S. CAN-SPAM ACT, The E.U. Directive of Privacy and Electronic Communications, the U.K. Privacy and Electronic Communications (EC Directive) Regulations 2003; the Canada Anti-Spam Law (CASL) and/or any similar law, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. Commitment Against Harassment and Interference with Others. You must not use our services to: Store, distribute or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive; or Commit (or promote, aid or abet) any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive or abusive. Examples may include Digital Messages that are themselves are or promote racism, homophobia, or other hate speech.
SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content You upload to any website, software, or other electronic service hosted or provided by Strategic Marketer, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.
If You have any questions or complaints concerning any of the Terms, You may contact Strategic Marketer by e-mail at email@example.com, or by regular mail at PO Box 2792 Jupiter, FL 33468.
California residents, under California Civil Code Section 1789.3, may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XVI. Digital Millennium Copyright Act
If You believe that materials or content available on any Strategic Marketer website infringes any copyright You own, You or Your agent may send Strategic Marketer a notice requesting that Strategic Marketer remove the materials or content from the Strategic Marketer website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send Strategic Marketer a counter-notice. Notices and counter-notices should be sent to Strategic Marketer, Attention Legal Department, at PO Box 2792 Jupiter, FL 33468, or by email to firstname.lastname@example.org.
XVII. Arbitration, Governing Law, and Attorneys’ Fees.
A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against Strategic Marketer including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Palm Beach County, Florida. You agree not to file suit against Strategic Marketer or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and Strategic Marketer. In the event that You and Strategic Marketer are unable to reach agreement on an Arbitrator, You and Strategic Marketer will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Palm Beach County, Florida. The arbitrators selected by You and Strategic Marketer will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and Strategic Marketer and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Florida without regard to any choice of law provisions.
C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against Strategic Marketer to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Strategic Marketer may not be joined or consolidated with claims brought by anyone else.
D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents Strategic Marketer from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Strategic Marketer’s rights prior to, during, or following any arbitration proceeding.
F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or Strategic Marketer commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVIII. Changes to Terms
Strategic Marketer reserves the right to change these Terms, in whole or in part, from time to time at Strategic Marketer’s sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://www.strategicmarketer.com/Terms. By Your continued use of Strategic Marketer’s services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by Strategic Marketer of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to Strategic Marketer under or related to these Terms must be in writing, addressed as follows:
PO Box 2792
Jupiter, FL 33468-2792
Notices to You may be made by posting a notice (or a link to a notice) on https://www.strategicmarketer.com/Terms, by e-mail, or by regular mail, at Strategic Marketer’s discretion.