Terms and Conditions
Last Updated: January 2025
1. Agreement to Terms
Welcome to Strategic Marketing Partners ("Company", "we", "our", "us"). These Terms and Conditions ("Terms") govern your access to and use of our website located at your-domain.com (the "Website") and all related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access our Services.
2. Use of Our Services
2.1 Eligibility
You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
2.2 Account Registration
Certain features of our Services may require you to create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security of your password and account
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
2.3 License to Use Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or business purposes.
3. Prohibited Uses
You agree not to use our Services to:
- Violate any applicable local, state, national, or international law
- Infringe upon or violate our intellectual property rights or the rights of others
- Transmit any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
- Transmit any material that contains software viruses, malware, or any other harmful computer code
- Impersonate or attempt to impersonate the Company, employees, other users, or any other person or entity
- Engage in any automated use of the system, including data mining, robots, scraping, or similar data gathering tools
- Interfere with, disrupt, or create an undue burden on the Services or networks connected to the Services
- Attempt to bypass any measures designed to prevent or restrict access to the Services
- Use the Services for any commercial purpose without our express written consent
- Engage in any activity that could harm minors in any way
4. Intellectual Property Rights
4.1 Our Content
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement) are owned by Strategic Marketing Partners, its licensors, or other content providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
4.2 Trademarks
The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Strategic Marketing Partners or its affiliates. You may not use such marks without our prior written permission.
4.3 Your Content
By submitting content to our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with operating and providing the Services.
5. User Submissions and Content
You retain all rights to any content you submit, post, or display on or through the Services. You represent and warrant that:
- You own or control all rights to your content
- Your content is accurate and not misleading
- Your content does not violate these Terms or any applicable laws
- Your content will not cause injury to any person or entity
We reserve the right to remove any content that violates these Terms or that we find objectionable.
6. Services and Pricing
6.1 Service Description
We strive to provide accurate descriptions of our services. However, we do not warrant that service descriptions or other content are accurate, complete, reliable, current, or error-free.
6.2 Pricing
All prices are subject to change without notice. We reserve the right to modify or discontinue services (or any part thereof) without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of services.
6.3 Payment Terms
Payment is due according to the terms specified in your service agreement. Failure to make timely payment may result in suspension or termination of services.
7. Disclaimers and Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Services will function uninterrupted, secure, or available at any particular time or location
- Any errors or defects will be corrected
- The Services are free of viruses or other harmful components
- The results of using the Services will meet your requirements
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STRATEGIC MARKETING PARTNERS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Services
- Any conduct or content of any third party on the Services
- Any content obtained from the Services
- Unauthorized access, use, or alteration of your transmissions or content
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9. Indemnification
You agree to defend, indemnify, and hold harmless Strategic Marketing Partners and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- Your violation of these Terms
- Your use of the Services
- Your violation of any rights of another
- Your conduct in connection with the Services
10. Termination
10.1 By You
You may terminate your account at any time by contacting us or using account deletion features within the Services.
10.2 By Us
We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.
10.3 Effect of Termination
All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the United States and the State in which our principal office is located, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction of our principal office, and the parties hereby consent to personal jurisdiction and venue therein.
12. Dispute Resolution
12.1 Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms, you and we agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding.
12.2 Binding Arbitration
If we cannot resolve a dispute through informal negotiations, any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration will be conducted in English in the jurisdiction of our principal office.
12.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You agree to waive any right to have any dispute resolved as a class action, collective action, or representative action.
13. Third-Party Links and Services
The Services may contain links to third-party websites or services that are not owned or controlled by Strategic Marketing Partners. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.
14. Privacy
Your use of our Services is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy.
15. Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services.
16. Severability and Waiver
16.1 Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
16.2 Waiver
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
17. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and Strategic Marketing Partners concerning the Services and supersede all prior agreements and understandings, whether written or oral.
18. Contact Information
If you have any questions about these Terms, please contact us:
19. Acknowledgment
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM.