Effective Date: August 11, 2024
Welcome to Exceptional Marketing! These Terms and Conditions (“Terms”) govern your use of our website, exceptionalmarketing.net (“Website”), and the services provided by Exceptional Marketing (“we,” “us,” or “our”). By accessing or using our Website and services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website or services.
1. Use of the Website
1.1 Eligibility: You must be at least 18 years old to use our Website and services. By using our Website, you represent and warrant that you have the legal capacity to enter into these Terms.
1.2 Account Registration: To access certain features of our Website, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
1.3 Prohibited Activities: You agree not to use our Website for any unlawful purpose or in any way that could damage, disable, or impair our Website or interfere with any other party’s use and enjoyment of our Website. Prohibited activities include, but are not limited to:
- Engaging in any fraudulent or deceptive practices.
- Posting or transmitting any content that is obscene, defamatory, or infringing on the rights of others.
- Attempting to gain unauthorized access to our systems or networks.
- Using any automated means to scrape, crawl, or collect information from our Website.
2. Services
2.1 Service Offerings: Exceptional Marketing provides digital marketing services for businesses, including but not limited to SEO, social media marketing, content creation, and pay-per-click advertising. The specific services you receive will be outlined in a separate agreement between you and Exceptional Marketing.
2.2 Service Modifications: We reserve the right to modify or discontinue any of our services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of our services.
2.3 Service Fees: The fees for our services will be outlined in a separate agreement. All fees are non-refundable unless otherwise specified in the agreement.
3. Intellectual Property
3.1 Ownership: All content on our Website, including but not limited to text, graphics, logos, images, and software, is the property of Exceptional Marketing or its content suppliers and is protected by intellectual property laws. You may not reproduce, distribute, or create derivative works from any content on our Website without our prior written consent.
3.2 Trademarks: “Exceptional Marketing” and all related logos and slogans are trademarks or service marks of Exceptional Marketing. You may not use our trademarks without our prior written consent.
4. Disclaimer of Warranties
4.1 Website Availability: We make no guarantees that our Website will be available at all times or that it will be free from errors or interruptions. Your use of our Website is at your own risk.
4.2 No Warranties: Our Website and services are provided “as is” and “as available,” without any warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
5. Limitation of Liability
5.1 No Liability for Damages: To the fullest extent permitted by law, Exceptional Marketing will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Website or services, even if we have been advised of the possibility of such damages.
5.2 Limitation of Liability: Our total liability to you for any claim arising out of or relating to these Terms or your use of our Website or services will not exceed the amount you paid us, if any, in the six months preceding the claim.
6. Indemnification
You agree to indemnify, defend, and hold harmless Exceptional Marketing and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your use of our Website or services or your breach of these Terms.
7. Privacy Policy
Your use of our Website is also governed by our Privacy Policy, which can be found here (insert link to Privacy Policy). Please review our Privacy Policy to understand our practices regarding your personal information.
8. Governing Law
These Terms will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms or your use of our Website or services will be brought exclusively in the state or federal courts located in North Carolina.
9. Changes to These Terms
We may update these Terms from time to time at our sole discretion. If we make material changes to these Terms, we will notify you by posting the updated Terms on our Website. Your continued use of our Website or services after any such changes constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Exceptional Marketing
PO Box 555
Jacksonville, NC 28546
Email: [email protected]
By using our Website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
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